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Mortuary Law > Lesson 1 and 2 for Exam 1 Intro, Dead Human Body, Obligations of Final Disposition; Duty and Right of Disposition, Liability for Funeral Expenses > Flashcards

Lesson 1 and 2 for Exam 1 Intro, Dead Human Body, Obligations of Final Disposition; Duty and Right of Disposition, Liability for Funeral Expenses Flashcards

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1
Q

rules of civil conduct commanding what is right and prohibiting what is wrong

A

law

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2
Q

rules and principles society has established for handling and disposition of dead

A

mortuary law

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3
Q

pyramid of law

A

common, constitutional, statutory, police power, administrative, ordinances, case, stare decisis

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4
Q

nonlegislated principles and rules of action predicted upon usage and customs

A

common law

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5
Q

written document containing fundamental principles of goverment detailing the poweres and duties of government

A

consititutional law

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6
Q

particular law enacted by a legislative body

A

statutory law

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7
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

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8
Q

body of law created by federal and state administrative agencies to implement their powers and duties in forms of rules, regulations, orders and decisions

A

administrative law

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9
Q

appointed by government body charged with implementing particular legislation and have rule making authority

A

administrative agency

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10
Q

law passed by a municipal governing body

A

ordinances

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11
Q

municipal laws pertaining to zoning, building codes, safety codes

A

ordinances

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12
Q

court decisions that establish precedent principles; determines the “constitutionality” of a statute, rule, or regulation

A

case law

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13
Q

when a issue is resolved by a court; establishes a “precedent/principle’; controls future court decisions; “like cases decided in like manner”

A

doctrine of stare decisis

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14
Q

principle regulators of funeral service profession based on states “police power’; delegated to an administrative agency

A

state laws and regulations

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15
Q

mortuary laws often dictated by court decisions; doctrine of stare decisis

A

case law and stare decisis

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16
Q

applied to matters related to mortuary law: property rights in a dead human body, liability for payment of expenses, general fule of decent with regard to rights and duty of disposition-starts with decedent, spouse, adult children, parents, decedents siblings, NOK

A

common law

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17
Q

federal laws

A

FTC; OSHA; ADA; federal wage and hour

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18
Q

body of human being (identified/unidentified) deprived of life; not yet entirely disintegrated

A

dead human body

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19
Q

state of complete and irreversible cessation of metabolic processes

A

death

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20
Q

total and irreversible cessation of brain function as indicated by a flat EEG reading

A

brain dead

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21
Q

defined by uniform anatomical gift act as organs, tissues, eyes, bones, arteries, blood, other fluids, and any other portion of a body for transplantation

A

body parts

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22
Q

based on early english law; dead body within exclusive control of church; no individual had property rights in a dead human body; body was property to no one

A

no property theory (ecclesiastical theory)

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23
Q

body was seen as “property’ of surviving family members; no longer accepted theory

A

property theory

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24
Q

rights associated with the body as it were “property” for hte purpose of final disposition only; rights are the spouse and NOK; current theory

A

quasi property theory

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25
Q

right to take body for purposes of final dispostion; allow body parts to be used within cofines of the law; exclude others from possessionof body; dispose of body

A

bundle of rights

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26
Q

requires proper dispostion of a body; promote and protect public health, public morality for a decent burial

A

police power

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27
Q

mausoleum; crypt; building dedicated for this purpose; individual/family structures

A

entombment

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28
Q

not technically a method of disposition but a step in a mode of final disposition

A

cremation

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29
Q

disposition of cremated remains

A

inurnment, in niche in columbarium, buried in cemetery, scattering

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30
Q

3 nautical miles from shoreline; body weighed, placed in shroud or weighed casket with holes (20) drilled in casket shell; banded (5 times) to prevent from opening; remains must sink rapidly and permanently

A

burial at sea

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31
Q

body intended solely for scientific study and dissection

A

cadaver

32
Q

laws permitting a person of legal age, soundmind, to donate all or any part of his or her body. takes effect immediately after death; gives rights to another

A

uniform anatomical gift act UAGA

33
Q

obligation

A

duty

34
Q

privilege

A

right

35
Q

rest with the householder, then surviving spouse, NOK

A

primary duty of final disposition

36
Q

one who owns/controls real estate where death occurs; his/her priority to notifiy proper authorities

A

householder

37
Q

widow/widower; not a blood relative

A

spouse

38
Q

ones relatives collectively referring to blood relationship; children of proper age, siblings

A

kin

39
Q

duty of burial rests with the spouse, NOK, etc.

A

primary duty of final disposition

40
Q

if no one steps foreward, fall upon public authorities

A

secondary duty of final disposition

41
Q

general rule of priority- wishes of decedent, surviving spouse, NOK, personal representation, guardian, volunteer, FD

A

primary right of final disposition

42
Q

arrangements in advance with no payments

A

preplanned

43
Q

arrangements is advance with payments

A

prefunded

44
Q

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

A

will

45
Q

person who represents and settles the estate of deceased person

A

personal representatives

46
Q

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

A

executor/executrix

47
Q

individual appointed by the probate court to settle an estate

A

administrator/administratrix

48
Q

judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age/legal disability prior to death

A

guardian

49
Q

anyone who agrees to assume the right of final disposition; friend, neighbor, coworker

A

volunteer

50
Q

between FD and individual with right of disposition

A

fuenral contract

51
Q

first call

A

implied contract

52
Q

statement of funeral goods and services selected

A

express contract

53
Q

govt- state, county, local; depending on jurisdiction when and where death occurred

A

secondary right of final disposition

54
Q

related to person with right of disposition; grated to the right to take possession and control of body; related to quasi property theory

A

custody of body

55
Q

physical possession of dead body; occurs only when body is located at home of the individual with the right of disposition

A

actual custody

56
Q

having authority to control funeral disposition although anotherparty has physical possession

A

constructive custody

57
Q

one who holds a position of trust to a beneficiary; person who has right to control the funeral does so on behalf of all others

A

act as a trustee

58
Q

obligation according to law; responsible

A

liability

59
Q

condition of being actually/potentially subject to an obligation; condition of being responsible for an expense

A

liability

60
Q

liability for funeral expenses

A

funeral contract, decedents estate, common law, volunteer, public authorities

61
Q

agreement between 2/more competent persons which is enforceable by law

A

contract

62
Q

expression of willingness to enter into a contratual agreement

A

offer

63
Q

what promisor demands and receives as price for promise

A

consideration

64
Q

agreement to an offer resulting into a contractual agreement

A

acceptance

65
Q

party who initiates offer

A

offeror

66
Q

who offer is made

A

offeree

67
Q

parties express their intentions at time of agreement; oral/written

A

express contract

68
Q

terms are applied by acts/conduct of parties

A

implied contract

69
Q

ficntional contract applied by court for person unable to contract for themselves; raises obligation in law weher in fact the party made no promises but imposes liability on injured party

A

quasi contract

70
Q

property of deceased person consisiting of real property, personal property

A

estate

71
Q

condition of leaving a will at time of death will may or may not provide funeral expenses

A

testate

72
Q

dying without having a will

A

intestate

73
Q

assets exceed liabilities-more cash than expense bill

A

solvent estate

74
Q

liabilities exceed assets; less cash than expenses

A

insolvent estate

75
Q

allowable cost items of funeral recognized by courts

A

filing of claims

Mortuary Law (6 decks)

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