MORT / LAW EXAM 2 ---TEST/IS MONDAY MARCH 3--

Question 1

FUNERAL BUSINNES

Answer 1

PLACE OF BUSINESS USED IN CARE PREP OF FINAL DISPO

Question 2

SPECIFIC PREMISIES MANAGED BY (FD)

Answer 2

FUNERAL HOME -CHURCH-CEMETARY

Question 3

LEVELS OF CARE

Answer 3

TRESPASSER–GUEST –OR VISITOR

Question 4

TRESPASSER

Answer 4

NOT INVITED

Question 5

SOCIAL GUEST

Answer 5

INVITED–ATTENDING OR VISITING

Question 6

INVITEE

Answer 6

SALES REP.—VISITORS

Question 7

ENTRANCE AND EXITS

Answer 7

MAINTAINED IN A HIGH LEVEL OF CONDITION

Question 8

MENTAL ANGUISH– (MENTAL SUFFERING )

Answer 8

RESULTS FROM GRIEF- WOUNDED PRIDE– SEVERE DISSAPOINTMENT—PUBLIC HUMILIATION– DESPAIR–SHAME— ACCOMPANIED BY PHYSICAL INJURY–CAUSED EITHER BY1. OUTRAGEOUS ACTS 2. INTENTIONAL ACTS 3. GROSSLY NEGLIGENT ACTS

Question 9

MENTAL ANGUISH LOOKS FOR

Answer 9

HISTORICALLY LOOK FOR SOME PHYSICAL INJURY–PHYSICAL IMPACT HAD TO BE RECOGNIZED BY THE COURTS TO AWARD DAMAGES——PHYSICAL INJURY IS ERODING–( IN COURT DECISIONS) ESPECIALLY IN THE FUNERAL INDUSTRY

Question 10

INTENTIONAL ACT

Answer 10

WITH THE INTENT OF CAUSING HARM

Question 11

OUTRAGEOUS ACT WITH THE INTENT OF

Answer 11

COMMITTED WITH COMPLETE DISREGARD FOR PROPER CONDUCT

Question 12

GROSS NEGLIGENT ACT–

Answer 12

ACT–COMMITTED WITH COMPLETE DISREGARD FOR ACTING AS A PRUDENT PERSON WOULD UNDER ORDINARY CIRCUMSTANCES

Question 13

PERSONAL SERVICE CONTRACT

Answer 13

FUNERAL DIRECTING INVOLVES PERSONAL KNOWLEDGE SKILLS CONFIDENCE THAT CAN ONLY BE PERFORMED BY THE PERSON WITH WHOM ITS MADE..—BOTH PARTIES SHOULD RECOGNIZE THAT ANY BREACH WILL USUALLY CAUSE ANGUISH

Question 14

NUISANCE PER SE

Answer 14

ACTS, OCCUPATION OR STRUCTURES WHICH ARE NUISANCE AT ALL TIMES UNDER ALL CIRCUMSTANCES—–MAY BE PREJUIDICED TO THE PUBLIC MORALS ,DANGEROUS TO LIFE OR INJURIOUS TO PUBLIC RIGHTS- —-EXAMPLE ——–(STRIP CLUB)-

Question 15

NUISANCE

Answer 15

FUNERAL HME IS NOT A NUISANCE PER SE

Question 16

NUISANCE IN FACT—

Answer 16

FH –CEMETARY CAN BE COME A NUISANCE IN FACT B/C OF UNDISPOSED HUMAN REMAINS—- OR B/C OF THE LOCATION OR MANNER IN WHICH IT IS OPERATED— THEIR ARE FEDERAL STANDARDS AND STATE—LIKE 1. OSHA 2.EPA..ADA–THESE ARE ALL INVITEES–COMING INTO THE FUNERAL HOME..

Question 17

OSHA

Answer 17

OCCUPATIONAL SAFETY HELTH ACT—RULES RELATED TO EMBALMING PROCEDURES FH PERSONNNEL PROTECTION AND SAFETY

Question 18

EPA –

Answer 18

ENVIRONMENTAL PROT. AGENCY—-RULES CONCERNING USE,CONTROL OF FORMALDEHYDE,CHEMICALS USED BY EMBALMERS…

Question 19

ADA–AMERICAN DISABILTY ACT–

Answer 19

PROVIDE PEOPLE WITH FULL USE, ENJOYMENT OF PUBLIC ACCOMMODATIONS—REQUIRES BUSINNESES TO REMOVE ARCHITECTUAL AND TRANDPORTATION BARRIERS FOR PHYSICALLY IMPAIRED—–PROVIDED IT CAN BE DONE WITHOUT MUCH DIFFICULTY AND EXPENSE..

Question 20

ADA ——PASSED IN

Answer 20

1990/7–BUILDINGS BUILT AFTER1/1993 MUST COMPLY TO ALL ADA—BUILDINGS BUILT

B/F 01/1993 HAVE FOUR PRIORITIES—1. RAMPS–2. WIDEN DOORS–3. CUT CURBS 4. PUT IN HANDICAP PARKING

Question 21

ADA–FEDERAL STANDARD–

Answer 21

2ND PRIORITY–PROVIDE PUBLIC ACCESS TO AREAS WHERE GOODS AND SERVICES ARE PROVIDED—3RD PRIORITY–ACCES TO RESTROOM–TOILET SEATS–MIRRORS–SINKS-TOWEL DISPENSERS–GRAB BARS–4TH.–PRIORITY—ANY OTHER MODIFICATION, WATER FOUNTAINS

Question 22

ADA –CANT WITHHOLD SERVICES B/C

Answer 22

PERSON HAS AIDS OR A DISEASE–NOR WILL THERE BE A SURCHARGE– FOR SUCH SERVICE— DOING SO IS A VIOLATION OF THE ADA—–THE FAMILY CAN FILE AN ACTION UNDER THE ADA–

Question 23

ADA– ENFORCED BY THE U.S.

Answer 23

ATTORNEY GENERAL–OR PRIVATE PEOPLE CAN SUE–

Question 24

PENALTY FOR ADA 1ST OFFENSE IS

Answer 24

1. $50,000 2. 2ND OFFENSE IS $100,000

Question 25

-STATE STANDARDS---

Answer 25

FIXED LOCATION--2. LICENSED PERSONNEL 3. ACCES TO A MOTORIZED HERSE--4. DISPLAY ROOM WITH PROPER NUMBER AND SELECTION OF CASKETS--5. MUST HAVE A ADEQUATE PREP ROOM WITH VENTILATION AND EMBALMING...