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mortuary law > final exam > Flashcards

final exam Flashcards

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1
Q

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

A

law

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2
Q

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

A

common law

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3
Q

name 2 administrative agencies that pass regulations related to funeral service

A

OSHA and FTC

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4
Q

reliance on the authority of established laws would define ___

A

stare decisis

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5
Q

4 sources of mortuary law

A

case law, common law, constitutional law, administrative law

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6
Q

this is a body of a human being, deprived of life, not not yet entirely disintegrated ___

A

corpse

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7
Q

what is not a condition to be “legally” a dead body

A

have a will at death

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8
Q

which organ primarily defines death

A

brain

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9
Q

whats one reason for the necessity of disposition

A

public health

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10
Q

who has the primary right of disposition

A

next of kin

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11
Q

who has the primary duty of disposition

A

funeral director

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12
Q

who (what body of people) would typically pass an ordinance

A

county level and below (ex. township)

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13
Q

what is police power and how does it relate to funeral service

A
  • the power of a government to govern the people by making laws for the better/well being of them
  • regulates/put standards in place for safety
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14
Q

2 constitutions we follow

A
  • state (IL)
  • federal
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15
Q

if a governor were to create a new law they set a ___ because this haw had never been created before

A

precedent

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16
Q

what is the current property theory for a dead human body

A

quasi property theory

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17
Q

the dead human body is property for ___ purposes only

A

disposition

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18
Q

why is cremation not considered a form of final disposition

A

the cremating of the body itself isn’t the final disposition its whats done with them afterward like how they’re scattered

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19
Q

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

A

implied

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20
Q

duties of the funeral director arise from 2 sources

A
  • statutes
  • contracts
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21
Q

if someone doesn’t want to take responsibility for funeral arrangements they should sign a ___ saying they would like to relinquish their right to do so

A

waiver

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22
Q

who makes laws related to funerals

A

legislature

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23
Q

what is a statute and who creates them

A

laws made on the state or federal

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24
Q

what is one permit, under statutory law, that a funeral director is required to file

A

burial permit

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25
Q

if you left the funeral home unattended and unlocked and a pervert molested a dead body at your establishment, you would be guilty of what

A

failure to safeguard the body

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26
Q

you are breaking the contract for ___ if you fail to keep the confidentiality of the arrangements

A

privacy

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27
Q

what contractual obligation should you insure against, similar to malpractice

A

aftercare counseling

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28
Q

this is a violation of duties with resulting damages ___

A

tort

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29
Q

if you wrongfully withhold a body (a tort offense), what are you doing

A

holding the body for collateral

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30
Q

if you switch a body, inter the wrong body, or misplace a body, you are committing what tort

A

loss of body

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31
Q

this is considered slight and necessary mutilation related to funeral service

A

embalming

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32
Q

when, as a funeral director, would you be liable for an unauthorized autopsy

A

if you assist in the actual autopsy

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33
Q

why is there a high degree of care for funeral homes in regards to injury to invitees

A

the people in attendance are usually in a higher emotional state

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34
Q

for mental anguish, there has been a shift from physical injury to ___ to constitute an infliction of mental anguish

A

physical impact

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35
Q

if you wrongfully, outrageous, reckless, and maliciously inflict mental distress, you would probably be guilty of what

A

intentional infliction

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36
Q

what are punitive damages awarded for

A

punishment

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37
Q

who or what is considered the primary obligor

A

the estate

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38
Q

when is the state responsible for someones funeral expenses

A

when no. one takes responsibility for the arrangements/no one is willing to pay

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39
Q

when you as a funeral director drop a body off at a crematory, you have ___ possession after you leave and the crematory has ___ possession

A

constructive then actual

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40
Q

what is the significance of the healthcare power of attorney, compared to other power of attorneys

A

their rights go on after death and take priority over next of kin

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41
Q

what is the difference between negligent and intentional infliction of mental distress

A
  • negligent is something accidental/didn’t mean for it to happen like if the casket breaks and the deceased falls out
  • intentional infliction through is on purpose and usually so outrageous like if a funeral director is just awful to the family knowingly
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42
Q

any oral contract should be changed to ___ when eventually meeting with the family

A

written contract

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43
Q

under the general rule of priority who is the person responsible for disposition of a deceased person

A

next of kin - usually the spouse

44
Q

why would a funeral director ultimately be responsible if a body is not disposed of in a timely manner

A

by state law its a funeral directors duty to dispose of the body in a timely manner

45
Q

what is a quasi contract and an example

A
  • when someone isn’t there to make the wishes expressly known for the creation of a contract
  • when an ambulance takes you in an emergency situation
46
Q

5 types of disposition

A
  • interment
  • entombment
  • water burial
  • natural organic reduction
  • cremation
47
Q

how far out must you bury at sea or scatter remains

A

3 nautical miles

48
Q

who regulates anatomical donation of bodies and body parts

A

anatomical gift associations (UAGA)

49
Q

if someone said when they were 20 they wanted to be cremated, but at 60 to be composted, which would be considered to hold the most weight for disposition and why

A

the decision at 60 to be composted would be chosen because it was closer to death, and so it holds more weight

50
Q

if there is an argument within a family about disposition, what should you do

A

let it go to court

51
Q

if no one else will take responsibility for a dead body’s disposition what happens

A

left to the state t decide how disposition happens

52
Q

when duties to the family and the state are broken, the funeral home can face penalties form ___ (criminal) and from the ___ (civil)

A

state and family

53
Q

what would you do to protect yourself legally if a casket breaks on the way to the cemetery

A

tell the family, maybe offer to pay or exchange for it

54
Q

what common carrier will ship cremated remains

A

USPS

55
Q

what makes a will valid in IL

A
  • intent
  • knowledge of your assets
  • singed by testator, witnessed
  • of legal age
56
Q

how long is the probate process and who has control over the process

A
  • 6 months or more
  • probate court and the executor/administrator control the process
57
Q

2 things that do not have to be sent through the probate process that can be paid immediately

A

life insurance policies and annuities

58
Q

what is an executor vs an administrator

A
  • they carry out the probate process
  • executor is when there is a will
  • administrator is when there is not a will
59
Q

when does a durable power of attorney become effective

A

when the principal becomes incapacitated and continues on even if the person recovers or not

60
Q

what is meant by informed consent as it relates to cremation

A

the procedure of cremation is written in detail in the contract so the family is informed when signing documentation for cremation they’re agreeing to

61
Q

what is meant by irreparable nature of cremation

A

is is irreversible/ cannot be undone

62
Q

what is meant by authorizing agent in relation to cremation

A

the person that approves/signs documentation, usually the spouse/next of kin

63
Q

2 reasons cremation is increasing in the US

A
  • rise in approval for it
  • increase in general education of the people
64
Q

what is the value of identification for the funeral home and the family of a cremation body

A
  • for the funeral home it is to prevent cremating the wrong body
  • for the family it is to start the grieving process/bring closure
65
Q

why is the statement “some commingling is possible” written into the authorization form for cremation

A

because its very likely not every single particle of the previous person cremated was removed so a small % might be mixed in with others

66
Q

why are pacemakers and defibrillators removed before cremation

A

they will blow up in the crematory and cause it potential damage

67
Q

name one wrong doing related to cremation

A

commingling remains - like cremating more than 1 person

68
Q

how would you investigate a 3rd part crematory you were thinking of using

A

ask for all their records, have a meeting with the owners of it, and do an unannounced investigation of the facility

69
Q

if you die without a will it is considered

A

intestate

70
Q

what type of will does not have to be witnessed

A

holographic

71
Q

explain cremation as if you would to a family

A

the reduction of the body down to simpler elements by heat

72
Q

what 2 things constitute an estate

A

real estate and personal property

73
Q

what are two types of non traditional will

A
  • nuncupative = oral will witnessed and later written down
  • holographic = written will, signed, doesn’t have to be witnessed
74
Q

who would actually write a will

A

testator

75
Q

who interprets case law

A

judges in court

76
Q

if you die with no assets to your estate it is considered

A

insolvent

77
Q

under the per capita method of inheritance distribution, if there were 3 children and $100,000 in the estate, how much would each get

A

an equal amount so … $33,333.33~

78
Q

what do you do with cremated remains that aren’t picked up

A

hold onto them for the set amount of time (60 days) then they can be scattered or just kept just incase

79
Q

who would be responsible if a body was lost at a crematory

A

the crematory and the funeral home - they both had possession of the body technically (actual and constructive)

80
Q

disinterment can be requested for what 2 general reasons

A

public and private reasons

81
Q

what reason would a governmental body disinter

A

if new infrastructure were being put in like a road

82
Q

an invasion of a landowners interest in the reasonable use and enjoyment of their land defines

A

nuisance

83
Q

what is the key factor in determining if something is a nuisance in fact

A

location

84
Q

location of a funeral home is dictated by who or what

A

zoning - at the count level etc

85
Q

a funeral home is not considered a nuisance __ ___

A

per se

86
Q

a funeral can become a nuisance ___ ___ in certain circumstances

A

in fact

87
Q

why is there a higher standard for an insurance company wanting to disinter someone as compared to a homicide investigation

A

because there is money involved

88
Q

of the 2 types of nuisances how would you classify a crack house vs a slaughter house

A
  • crack house = per se
  • slaughter house = in fact
89
Q

what do you do with cremated remains that won’t fit in the urn

A

place them into another to give to the family - they should be aware of this possibility

90
Q

if you say you wanted the most expensive casket and vault, what type of contract would that be

A

express

91
Q

what is the first bill that gets paid our of an estate

A

the funeral bill is paid first

92
Q

what is the unique case where the funeral bill doesn’t get paid first

A

if the deceased has a loan at a bank where they also keep savings/assets

93
Q

what is a codicil to a will

A

type of amendment where someone/something is added to it

94
Q

what is a living will

A

making known what your medical wishes are while capable

95
Q

what is escheat

A

when someone dies and has no heirs to give their assets so the government takes it

96
Q

what are the 2 types of taxes that are paid when someone dies

A

death tax and income tax

97
Q

why would someone have a general power of attorney

A

to do something general - like giving someone the power to buy real estate for you

98
Q

when does a springing power of attorney take effect

A

when a triggering event takes place like when the principal reaches a certain age or a calendar date comes up

99
Q

who and what determines where a funeral home can be built

A

county board

100
Q

who would you make your healthcare power of attorney

A

someone you could trust to carry out your wishes - like a spouse or unbiased family member

101
Q

what type of court would see a probate case

A

probate court

102
Q

to avoid the probate process, you should put all your assets in what

A

a trust

103
Q

whats an example of imminent domain at work for disinterment

A

if the government wanted to buy the land and put some buildings on it etc

104
Q

why is disinterment not a matter of right

A

because its generally frowned upon to dig people up from their final resting place

105
Q

what is the difference between internment and interment

A
  • interment is burying someone in the ground
  • internment is being put in a prison camp

mortuary law (3 decks)

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