exam 1

Question 1

civil conduct commanding what is right and prohibiting what is wrong is the definition of ___

Answer 1

law

Question 2

non legislated principles and rules of action predicted upon usage and customs defines ___

Answer 2

common law

Question 3

what are the 6 sources of mortuary law

Answer 3

• common law
• case law
• constitutional law
• administrative law
• contract law
• legislative

Question 4

reliance on the authority of established laws (not case law) would define ___. when a judge follows a previously determined case in a current, similar case

Answer 4

stare decisis

Question 5

2 administrative agencies that would have influence over the funeral profession

Answer 5

FTC and OSHA

Question 6

describe what police power is and how it relates to funeral service

Answer 6

power of a government to govern the people by making laws for the well being of everyone

Question 7

what are 2 constitutions we follow

Answer 7

state (IL) and federal

Question 8

what government body would create an ordinance

Answer 8

county, township, municipality, etc

Question 9

when the governor of IL signed the new law based on a previous case, he set a ___ because this law had never been created before

Answer 9

precedent

Question 10

what organ do we now consider to be the legal definition of dead when it no longer is functioning

Answer 10

brain

Question 11

what is the current property theory for a dead human body

Answer 11

quasi property theory

Question 12

what are the reasons for necessity of disposition

Answer 12

public health, moral reasons, religious reasons

Question 13

the dead human body is property for ___ purposes only

Answer 13

disposition

Question 14

why is cremation not considered a form of final disposition

Answer 14

cremating the body itself is not technically final disposition its whats done with the cremains afterward like how they’re scattered

Question 15

what 3 things must be met to be called a corpse

Answer 15

• a human body
• completely dead
• not entirely disintegrated

Question 16

“i want the best for mom” is what type of contract

Answer 16

implied

Question 17

duties of the funeral directors arise from 2 sources…

Answer 17

statutes and contracts

Question 18

if the estranged spouse (next of kin) doesn’t want to take responsibility for funeral arrangements and expenses, you as a funeral director should have them sign what to relinquish their rights

Answer 18

waiver

Question 19

who would make laws related to funerals

Answer 19

legislature

Question 20

what is a statute and who creates them

Answer 20

laws made by state or federal congress

Question 21

what should you do if the casket breaks before/during funeral

Answer 21

tell the family, never lie, offer to exchange the casket, pay for it

Question 22

if someone said at 20 they wanted to be cremated but at 70 they say they want to use natural organic reduction which decision holds more weight

Answer 22

the one closer to death, it holds more death

Question 23

who regulates anatomical donation

Answer 23

anatomical gift association

Question 24

What is a quasi contract

Answer 24

when family/anyone isn’t present or wishes aren’t known
- like with an ambulance

Question 25

Why would a funeral director be in trouble if body not disposed in timely manner

Answer 25

under state law funeral directors are responsible for disposing of bodies, its our job

Question 26

difference between negligence and intentional infliction of mental distress

Answer 26

one is intentional while the other is usually an accident

Question 27

what is so special about the health care power of attorney

Answer 27

their decisions hold priority after death in Illinois

Question 28

3 different property theories in relation to the dead body

Answer 28

• no property (church)
• property (family)
• quasi property (for disposition only)

Question 29

oral contract should eventually be changed to a …

Answer 29

written contract once you can meet with the family

Question 30

constructive vs. actual

Answer 30

• constructive is where the body is in physical custody of another
• actual is where the body is physically within their custody

Question 31

what is considered slight and necessary mutilation of the body

Answer 31

embalming

Question 32

punitive vs compensatory

Answer 32

punitive - not to compensate the plaintiff, but not punish the defendant
compensatory -

Question 33

who is the primary obligor

Answer 33

the estate

Question 34

when can you be held liable for an unauthorized autopsy

Answer 34

if you assist in any way