Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

MAKE YOUR OWN CARDS!!!! :) > 3rd Quarter Mortuary Law Test 1 > Flashcards

3rd Quarter Mortuary Law Test 1 Flashcards

1
Q

Rules of civil conduct commanding what is right and prohibiting what is wrong “Blackstone’s definition.”

A

LAW

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Branch of law which relates to matters concerned with disposal of the dead.Text book definition (Stueve/Gilligan)- Rules and principles that society has established for handling and disposition of the dead.

A

Mortuary Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Mortuary Law is also known as mortuary ________________

A

Jurisprudence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

“The Pyramid of Law”

A

Stare decisisCase lawOrdinancesAdministrative lawPolice powerStatutory law/statutesConstitutional lawCommon law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

-Non-legislated principles and rules of action.-Predicated upon usage and customs.-Rooted in English and early colonial law.-Customs which have become recognized by the courts as binding on the community (Business Law definition)

A

Common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

-Written document containing fundamental principles of government.-Detailing the Powers and duties of a government.-Guarantees certain Rights of the people – societies evolved from small family units to groups-These two principles constitute the “Law of the land” – the needs of the basic / common need for survival-Embodying both Federal and individual state constitutions

A

Constitutional law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

-Particular law enacted by a legislative body.-United States Congress / Federal Government-State legislatures / State Government

A

Statutory law - statutes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Inherent power of every government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens.

A

Police power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

-Body of law created by federal and state administrative agencies.-Implements their power and duties.-Rules, regulations, orders, and decisions.

A

Administrative law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Appointed governmental body charged with implementing particular legislation and have rule making authority.

A

Administrative agency

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

OSHA is an example of

A

Funeral Administrative Agencies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Developed naturally as societies evolved from small family units to groups, tribes, villages, etc. Which met the basic and common need for survival.Based on human experience and the good for all members of society

A

Common Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

EXAMPLES of Police Power in Mortuary Law

A

Licensure requirements Health Standards Business Operations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Law passed by a municipal governing body.Village, town, cityRelated to matters not already covered by federal or state law.

A

Ordinance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Municipal Laws in Mortuary Law…

A

Zoning- Commercial vs. ResidentialBuilding Code- Electrical; Plumbing; etc.Safety Code- Exits signs, Emergency Evacuation Routes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Court decisions that established precedent principles.Determines the “constitutionality” of a statute, rule, or regulation.

A

Case law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Determines if the Supreme Court will hear the case.

A

Writ of certiorari

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

When an issue is resolved by a courtEstablishes a “precedent” or “principal”Controls future court decisions“Like cases” decided in “like manner”Very important in mortuary law

A

Doctrine of Stare Decisis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Sources of mortuary law

A

State laws and regulationsCase law and stare decisisCommon lawFederal law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Principle regulators of the funeral service profession.Based on a state’s “police power.”Delegated to an administrative agency (TFSC)

A

State laws and regulations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Applied to matters related to mortuary law.Property rights in a dead human body.Liability for payment of funeral expenses.General Rule of descent with regards to rights & duty of disposition – spouse, children, etc

A

Common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Federal Trade Commission to protect consumers / prevent monopoliesOccupational Safety and Health Administration-concerned mostly with refineries / petroleum industriesAmerican with Disabilities Act – make accessible for those who are disabled. Federal Wage and Hour

A

Federal laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Body of a human being (identified or unidentified)Deprived of lifeNot yet entirely disintegrated

A

Dead human body

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Antiquated term for dead human bodySynonymous term used for dead bodyMust also meet all 3 conditions to be legally dead

A

Corpse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Would dust of a “long dead body” be classified as a dead human body?

A

NO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

State of complete and irreversible cessation of metabolic (chemical & physical) processes.Leading ultimately to dissolution of the organs.In 1950 court case it was defined as the cessation (stoppage) of circulation (heart) and respiration (lungs)

A

Death (the new legal/medical definition)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Total and irreversible cessation of brain function.As indicated by a flat EEG reading.

A

Brain death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

electroencephalogram abbreviated is

A

EEG

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Measures electrical activity in the brain. “An individual who has sustained irreversible cessation of all functioning of the brain, including the brain stem.”

A

EEG = electroencephalogram

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Organs, tissues, eyes, bone, arteries, blood, other fluids, and any other portion of a human body for transplantation.

A

Uniform Anatomical Gift Act (UAGA) definitionof Body parts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

UAGA stands for

A

Uniform Anatomical Gift Act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

After removal of a body part, without unnecessary mutilation. Custody of the remainder of the body rests with the ______________________

A

person who otherwise has the right to control final disposition.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Property and property rights in a dead human body.

A

No property theoryProperty theoryQuasi-property theory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Based on early English law.Dead human body within exclusive control of the church.No individual had property rights in a dead body.Therefore, dead body is the property of no one.No “property” in a dead body.

A

No property theory (Ecclesiastical Theory)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

No longer an accepted theory!Opposite ideaDeveloped as law became more “secular” or non-religious.Rather than “ecclesiastical” or church based.Dead body now seen as “property” of the surviving family member.

A

Property theory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Currently accepted theory of the legal status of a dead human body.Rights associated with the body are as if it were “property” for the purpose of final disposition only.

A

Quasi-property theory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

The bundle of rights is the:Right to ____________ for the purpose of _____________.Right to ________________ to be used within ___________ of the law.Right to _____________ from __________ of the body.Right to _____________ of the body.

A

take the body final disposition.allow body parts confines exclude others possession dispose

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

police power of the government requires proper ___________________________________

A

disposition of a dead human body.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

“statutes which impose criminal penalties for the failure to _______or________ a corpse within a _____________ after death have been applied to ______________.”

A

Bury or incinerateReasonable timeFuneral directors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Methods of final disposition

A

Burial Entombment Cremation Burial at sea Anatomical donation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

Most common form of disposition.Lawful in property dedicated as a public or private cemetery.Or private property in some rural areas.Land dedicated as a “family cemetery.”

A

Burial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Second most common form of disposition.CryptMausoleumBuilding dedicated for this purposeIndividual or family structures

A

Entombment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Legal if crematory is properly licensed.Compliant with state and local laws.Due diligence (3rd party crematories)Not “technically” a method of disposition.But a step in a mode of final disposition. TEXAS states must hold remains 121 days before declaring them abandoned.

A

Cremation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Inurment - cremains placed in an urn.Placed in a niche in a columbarium.Buried in a cemetery.Scattered.

A

Disposition of cremains

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Scattering gardenCemeteryOpen seaThree nautical miles from shoreline. (6,080 ft)Must be reported to Environmental Protection Agency (EPA)

A

Scattering cremains

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Provided under Maritime Law.Protect health and safety of crew and passengers.Death aboard a ship at sea.At least three nautical miles from the shoreline.Body must be weighted.Placed in a special shroud.Or weighted casket.With holes drilled in casket shell.Banded to prevent opening.Remains must sink rapidly and permanently to ocean floor.Notify Environmental Protection Agency (EPA)

A

Burial at sea (Death aboard a ship at sea)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

All states have ________ when concerning anatomical donation.Which is a legal requirement for disposition of a dead human body.

A

statutes

48
Q

Community standards for a decent burial

A

Protection of public healthPublic morality and common decencyRespect for the dead

49
Q

Placing cremated remains in an Urn.Placing cremated remains in a Niche in a Columbarium.

A

Inurnment

50
Q

Funeral homes are liable for the actions of ________________ crematories, so they must do their ______________________.

A

3rd partyDue diligence

51
Q

Dead human body intended solely for scientific study and dissection.

A

Cadaver

52
Q

all states have statutes allowing the decedent or his/her survivors to ______________________

A

make a gift to medical science.

53
Q

Law permitting a person of legal age and sound mind to give all or any part of his/her body.

A

Uniform Anatomical Gift Act.

54
Q

When does the Uniform Anatomical Gift Act take effect?

A

upon his/her death.Or gives the right to another.

55
Q

requirements for a decent burial/final disposition

A

community standardsconsiderationsstatutes

56
Q

this is an obligation…

A

duty

57
Q

this is a privilege

A

right

58
Q

primary duty of final disposition rest with the…

A

householdersurviving spousenext of kin

59
Q

one who owns or controls real estate where death occurs. Duty is to notify the proper authorities

A

householder

60
Q

widow (female) or widower (male)NOT a blood relative

A

surviving spouse

61
Q

one’s relatives collectively- Referring to BLOOD relationship or adopted into the family.

A

next of kin

62
Q

Legally, a surviving spouse is NOT considered…

A

kin/next of kin

63
Q

order of Next-of-kin

A

Children of proper age (18 or older)Parent(s)Sibling(s) -Typically the oldest brother(s) or sister(s)More distant kin -Aunts, uncles, cousins, etc.

64
Q

some states do REQUIRE the signature of both…

A

ParentsSiblings

65
Q

The order of next of kin is based on…

A

general rule of priority or statute of descent & distribution

66
Q

The general rule of priority or statute of descent & distribution is NOT…

A

an iron clad rule in all states

67
Q

The duty of burial rests with the…

A

spouse or next-of-kin

68
Q

secondary duty of final disposition falls upon…

A

Public authorities such as:StateOr other governmental body or authority

69
Q

possession and control of the body attaches at the….

A

moment of death

70
Q

primary right of final disposition and general rule of priority

A

wishes of decedentsurviving spousenext of kinpersonal representativeguardianvolunteerfuneral director

71
Q

Considerations of WISHES OF DECEDENT…

A

Pre-need/if writtenWillOther document or declarations -Written or Orally

72
Q

making funeral arrangements in advance with no payment

A

pre-planned

73
Q

making funeral arrangements in advance with payment

A

pre-funded

74
Q

instrument executed with required formality by a person making disposition of his/her property to take effect upon his/her death.

A

will

75
Q

other documents or declarations

A

written instructionsoral instructions

76
Q

important factors to consider about wishes of decedent

A

Decedent’s mental capacityProximity of expression of preference to time of death. -Ex: If the preference was expressed in close proximity to death, courts will give greater weight than if preference was made years prior to death.

77
Q

Primary right of final disposition generally goes to…

A

Surviving spouseWidow/Widower

78
Q

Based on general rule or priority or statute of descent & distribution, how is a DEGREE OF KINDRED COUNTED?

A

Each generation is one degree, counting to a common ancestor

79
Q

If a child is legally adopted they are ______________

A

considered KIN

80
Q

person who represents and settles the estate of deceased person(s)

A

personal representative

81
Q

individual appointed by the will to carry out its provisions and settle the estate

A

executor/ executrix

82
Q

types of personal representatives

A

executorexecutrixadministrator administratrix

83
Q

An Executor is a____________

A

male

84
Q

anyone who agrees to assume the right of final disposition.

A

volunteer such as:FriendNeighborCo-worker

85
Q

if the family doesn’t act concerning secondary right of final disposition then ___________ will step in.

A

Government: State County (Texas) Local

86
Q

An Executrix is a ___________

A

female

87
Q

Individual appointed by the probate court to settle an estate.

A

Administrator/Administratrix

88
Q

Who will step up concerning Secondary Right of final disposition ,as far as government, is contigient on….

A

the jurisdiction when and where death occurred

89
Q

funeral director undertaking the funeral has lawful rights from what two sources….

A
  1. Those granted and imposed by statutes, ordinances, and regulations. - Licensing regulations allowing the FD to practice profession2. Those arising from the funeral contract. - Rights authorized by the person with paramount right of disposition.
90
Q

An Administrator is a _________

A

male

91
Q

An Administratrix is a _________

A

female

92
Q

Judicial appointed person to administer the affairs of another person who is incompetent by virtue of age or legal disability.Prior to decedent’s death.

A

Guardian

93
Q

FUNERAL DIRECTOR’S DUTY IN CASE OF CONFLICT

A
  1. Hold body until proper party authorizes its disposition2. Should not decide or attempt to influence the decision3. Should inform the family no action will be taken until parties come to a settlement4. Or until courts decide5. Above all remain neutral
94
Q

A funeral director should continue to ____________________ until a family reaches an agreement.

A

offer options

95
Q

What are these….Laws and licensing regulationsAuthorize and empower the funeral director to practice the profession.Related to all actions required for the funeral process.

A

Statutes, ordinances, and regulations

96
Q

There should be a ________________between the funeral director and the individual with the right of disposition. It is REQUIRED.

A

funeral contract

97
Q

“The funeral director has __________in his professional capacity with respect to a _________ until such time as a _____________is entered into between himself and another, either ________ or _________.”

A

no rightsdead bodyvalid contractexpresslyimplicitly

98
Q

What type of contract is a First Call?

A

Implied

99
Q

What type of contract is a statement of funeral goods and services selected?

A

Express

100
Q

if a person dies testate, they__________

A

had a will

101
Q

if they die intestate, they ____________

A

did not have a will

102
Q

mortuary law is also known as Funeral ____________Law

A

service

103
Q

mortuary law is also known as _______________ law.

A

funeral

104
Q

FTC is an example of…….

A

funeral administrative agencies

105
Q

TFSC- Texas Funeral Service Commission is an example of……

A

funeral administrative agencies

106
Q

Would bones of a skeleton be classified as a dead human body?

A

no

107
Q

Would a partially dismembered body be classified as a dead human body?

A

YES

108
Q

must meet all three of these conditions to be “legally” dead.

A
  1. body of human2. deprived of life3. not yet entirely disintegrated
109
Q

“Property is often conceptualized as a__________________

A

bundle of rights

110
Q

The ‘bundle of rights’ which have been associated with property include the right to _____________.

A

possess useexcludeprofitdispose

111
Q

Dead human body is the __________of the surviving family member with a _____________.

A

quasi-property “bundle of rights.”

112
Q

Promote and protect the public health.Public morality for a “decent” burial.Necessitates the disposition of the dead by regulated methods

A

Necessity of final disposition:

113
Q

three nautical miles from shoreline must be reported to environmental protection agency (EPA)

A

burial at open sea

114
Q

provided under maritime lawprotect health and safety of crew and passengers

A

death and burial at sea

115
Q

Receiving institution of a cadaver has the right to _________________refuse the donation.

A

refuse the donation.

116
Q

Anyone who agrees to assume the right of final disposition.

A

Volunteer

MAKE YOUR OWN CARDS!!!! :) (22 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions