Chapter 1-4 & 8 Flashcards
Canon law:
Associated with the Catholic Church 
Talmudic law :
Associated with the Jewish beliefs
Legal meaning of a Dead body :
Means significantly the body of a human being deprived of life, but not yet entirely disintegrated.
Legal and medical purposes - individual who has sustained irreversible cessation of all functioning of the brain, including the brain stem, is considered dead. 
What constitutes a dead body?
Body of a human being without life, and not entirely disintegrated ( broken up into pieces) 
Who is entitled to possession of a dead human body?
The surviving spouse, and the next of Ken have a right to take possession of the body for the final disposition ( they have what is called QUASI PROPERTY)
Burial :
Most common in ground burial
Cremation :
First practiced by the Greeks, and is public sanitation and desirable form of disposition 
Alkaline hydrolysis :
Consist of placing the body in water and alkaline chemicals 
Burial at sea :
Is an acceptable form of disposition must take place, at least three nautical miles from the shoreline. Must be properly waited to ensure the remains sink to the bottom rapidly and permanently. 
Anatomical gift :
Donation of the body to medical science 
Actual possession:
Body is in the families custody 
Constructive possession:
The body is in the hospital or mortuary possession
How long can a body be kept in custody?
A body can be kept for a reasonable length of time, depending on circumstances
The individuals exercising the right of disposition….
The wife, children, grandparents, etc. have the right to control, funeral and disposition, and has the right to make all the decisions regarding the funeral and disposition
This is considered an executive right
What gives the funeral Director rights to disposition?
1) laws in licensing regulations that allows funeral Director to practice as a funeral Director
2) funeral Director, entering into a contract with an individual expressively or implicitly

Funeral contract :
Is an oral or written agreement between a funeral Director, and competent party of legal age in order to provide goods and services 
Who can a funeral contract be between?
A Funeral contract may be between the state, family, or unrelated third-party 
What is the funeral home known as in a funeral contract?
Party of the first part
What is the family or the arranger known as on a funeral contract?
Party of the second part 
What are the four funeral contract disclosures?
1) the price of all the funeral goods and services
2) the price of all supplemental item of goods and services
3) list all cash advance items made by the funeral Director on behalf of the family or entity
4) the method of payment
Right of disposition:
Oder of priority-
Surviving spouse, adult children, parents, adult siblings, grandparents, and other relatives or friends
Right to rely:
Allows funeral Director/Funeral Home to trust the person. They are contracted with to be the individual person with the right of disposition.
(trust the person that is saying that they are the surviving spouse or child )
The ability to recover cost:
Is a family dispute is occurring the funeral Director/Funeral Home has the right to recover their calls for the services provided (removal, embalming, or refrigeration)
Comprehensive immunity provisions:
Protects the funeral Director/funeral home from criminal, civil or disciplinary claims if they relied on good faith up until representation of family members, especially in a case of cremation
(should always get something in writing or some thing like marriage, license, birth certificate, etc.)
Anatomical gift act:
 Organ donation and other anatomical gift. The uniform anatomical gift at has been enacted in all 50 states and DC.
Gifts are made to hospitals, medical schools, dental schools, medical storage banks
Bailment:
The transfer of possession, but not title. A funeral Director has to take reasonable care during a bailment. 
Bailor:
One who gives a possession, but not title of personal property.
Example; family member, or nurse at the hospital or nursing home
Bailee:
One who requires possession, but not title, of personal property
Example; funeral, Director, or removal personnel 
Custodian :
When a funeral director takes custody of a dead body, he/she is properly referred to as a custodian 
