Ch3 human remains Flashcards
The body of a dead human being, deprived of life but not yet entirely disintegrated
Corpse
What criteria must be met for a body to be classified as a corpse?
- Remains must be human (identified or unidentified)
- Remains must be deprived of life
- Remains must not be entirely disintegrated
Corpse when intended solely for scientific study and dissesction
Cadaver
Humans are treated as property for the purpose of disposition only, while still maintaining the no-property theory associated with the human body
Quasi-property theory
Law of the church
Ecclesiastical law
Action to recover possession of personal property which is wrongly being retained by someone other than the owner
Replevin
What are the priorities when determining right of disposition?
Primary and secondary
Person selected to serve final disposition
Paramount party
How many priorities are there under the primary classification of right to disposition?
3
Who has the first priority in the primary right to disposition
Surviving spouse
What are some factors that affect the surviving spouse from holding the right of disposition?
-Divorce
-Estrangement
-Legal seperation (court ordered)
-Common law marriage
-Domestic partners
Who has the second priority in the primary right to disposition
Next of kin
Who qualifies as next of kin?
Anyone of blood relation and adopted children
-Children 18 years or older
-Surviving parents
-Surviving siblings 18 years or older
Who has the third priority in the primary right to disposition
Everyone else
-Guardians (appointed by the court/ state for someone who lacks capacity)
-Agents
-Accountant
-Funeral director (should decline)
Who is classified under the secondary party for right of disposition if there is no one in the primary party?
The government. State, council, or local
