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MORTUARY LAW > MORTUARY LAW 3/3 EX. 2 MONDAY EXAM > Flashcards

MORTUARY LAW 3/3 EX. 2 MONDAY EXAM Flashcards

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1
Q

FIND OUT WHO IS

A

RESPONSIBLE FOR PAYING THE FUNERAL BILL

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2
Q

LIABILITY

A

OBLIGATION ACCORDING TO LAW 2. CONDITION OF BEING RESPONSIBLE FOR EXPENSE OR CONDITION OF BEING ACTUALLY OR POTENTIALLY SUBJECT TO AN OBLIGATION

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3
Q

LIABILITY FOR FUNERAL EXPENSES

A
  1. FUNERAL CONTRACT 2. DECEDANTS ESTATE 3. COMMON LAW 4. VOLUNTEER 5. PUBLIC AUTHORITIES
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4
Q

CONTRACTS

A

AGREEMENT BETWEEN 2 OR MORE COMPETANT PERSONS WHICH IS ENFORCEABLE BY LAW.

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5
Q

ELEMENTS OF A CONTRACT

A

ACCEPTANCE 2. CONSIDERATION 3. OFFER

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6
Q

OFFER

A

EXPRESSION OF WILLINGNESS TO ENTER INTO A CONTRACTUAL AGREEMENT

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7
Q

ACCEPTANCE

A

AGREEMENT TO AN OFFER RESULTING IN A CONTRACT

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8
Q

CONSIDERATION

A

WHAT THE PROMISOR DEMANDS ,RECIEVES AS THE PRICE FOR THE PROMISE

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9
Q

PARTIES TO A CONTRACT

A
  1. OFFEROR- 2. OFFEREE
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10
Q

OFFEROR

A

PERSON WHO INITIATES OR MAKES AN OFFER

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11
Q

OFFEREE

A

PERSON TO WHOM AN OFFER IS MADE

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12
Q

TYPES OF CONRACTS

A
  1. EXPESS 2. IMPLIED 3. QUASI
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13
Q

EXPRESS CONTRACTS

A

ARE ORAL OR IN WRITING

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14
Q

EXPRESS CONTRACT

A

PARTIES EXPRESS THEIR INTENTIONS AT THE TIME OF THE AGREEMENT 3. FUNERAL CONTRACTS SHOULD BE IN WRITING..4. AT NEED CONTRACTS–4. PREFUNDED CONTRACTS–ALSO REFERRED TO AS PRE-FINANCED..

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15
Q

IMPLIED CONTRACT

A

CONTRACT TERMS ARE IMPLIENTED BY ACTS OR CONDUCT OF THE PARTIES

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16
Q

FIRST CALL IMPLIED CONTRACT BECOMES AN EXPRESS CONTRACT

A

FIRST CALL

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17
Q

PERSON CONTRACTING

A

NOT

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18
Q

QUASI CONTRACT

A

FICTIONAL CONTRACT APPLIED BY A COURT FOR A PERSON UNABLE TO CONTRACT FOR THEMSELVES 3. RAISES AN OBLIGATION IN LAW WHERE IN FACT THE PARTY MADE NO PROMISES BUT IMPOSES LIABIITY ON INJURED PARTY,EMRGENCY MEDICAL CARE ,DEATH

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19
Q

QUASI PROPERTY

A

IT IS A TANGIBLE OBJECT AND SOMEONE MUST TAKE CONTROL TO MAKE SURE THAT IT IS PROPERLY DISPOSED OF

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20
Q

QUASI CONTRACT

A

CONTRACT BETWEEN CARNES AND HARRIS COUNTY–CARNES IS OBLIGATED TO TAKE CARE OF THE DECEASED

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21
Q

QUASI CONTRACT

A

CASE OF DECEDENT–LAW RECOGNIZES NEED FOR A DECENT BURIAL

22
Q

QUASI CONTRACT

A

DECEDENT UNABLE TO DECIDE FOR HIM OR HERSELF

23
Q

QUASI CONTRACT

A

THE LAW UNDER THE QUASI CONTRACT PLACES THE LIABILITY FOR BURIAL ON THE ESTATE

24
Q

DECEDENTS ESTATE

A

ESTATE–PROPERTY OF A DECEASED PERSON

25
Q

ESTATE

A

CONSISTING OF REAL PROPERTY AND PERSONAL PROPERTY

26
Q

REAL PROPERTY

A

LAND OR ANYTHING ATTACHED TO LAND

27
Q

PERSONAL PROPERTY

A

TANGIBLE –INTANGIBLE PROPERTY

28
Q

TANGIBLE –INTANGIBLE PROPERTY

A

PERSONAL BELONGINGS–1.FURNITURE,AUTO ,JEWELRY ,MONEY ,STOCKS ,BONDS,INSURANCE POLICES

29
Q

REASONABLENESS OF FUNERAL BILL

A

TESTATE

30
Q

TESTATE

A

YOU DIED WITH LEAVING A WILL AT TIME OF DEATH–THE WILL MAy OR MAY NOT PROVIDE FOR FUNERAL SERVICE

31
Q

INTESTATE

A

DYING WITHOUT A WILL OR HAVING MADE A WILL—-PAGE 38

32
Q

LIMITATION

A

SIZE AND SOLVENCY OF THE ESTATE

33
Q

LIMITATION OF THE ESTATE

A

STATUS IN LIFE–REASONABLNESS OF THE CHARGES—FD’S KNOWLEDGE OF THE DECEDENTS FINANCIAL CONDITION–WILL LOOK AT LOCAL AND ETHNIC CUSTOMS

34
Q

SIZE OF THE ESTATE

A

AMOUNT OF MONEY AVAILABLE TO PAY FUNERAL EXPENSE–2.ARE FUNERAL EXPENSES PROPORTIONED TO THE SIZE OF THE ESTATE–3.RELATED TO SOLVENCY

35
Q

SOLVENT

A

ASSETS EXCEED LIABILITY–MORE CASH THAN EXPENSES

36
Q

INSOLVENT ESTATE

A

LIABILITIES EXCEED THE ASSETS–2. LESS CASH THAN EXPENSES/BILLS

37
Q

INSOLVENT ESTATE

A

ESTATE CANT PAY BILLS/DEBTS OF THE DECEDENT OR ESTATE IS UNABLE TO PAY THE DEBT/BILLS OF THE ESTATE

38
Q

ESTATE

A

as a rule the ESTATE IS PRIMARILY RESPONSES TO PAY THE REASONABLE ,NECCESARY EXPENSES FOR DISPOSING OF THE BODY. IF THE ESTATE HAS PROPERTY FUNERAL DIRECTR MAY LOOK AT IT FOR PAYMENT OF THE FUNERAL BILL..THE FUNERAL BILL IS NOT A DEBT OF THE DECEDENT BUT IS A CHARGE AGAINST THE ESTATE,AND MUST AT LEAST IN PART BE PAID BEFORE ANY DEBTS LEFT BY THE DECEDENT ARE MET..

39
Q

REASONABLNESS OF CHARGES–THE COURT WILL CONSIDER

A
  1. SIZE AND SOLVENCY OF THE ESTATE 2. RIGHT OF CREDITORS TO CLLECT PAYMENT 3. STATION IN LIFE OF THE DECEDENT 4. RELIGION 6. DECEDENTS FRATERNAL MEMBERSHIP 6. LOCAL AND CONTEMPORARY CUSTOMS
40
Q

FUNERAL DIRECTORS KNOWLEDGE OF DECEDENTS FINANCES

A
  1. SOLVENCY OR INSOLVENCY OF THE ESTATE 2. RELATED TO REASONABLENESS OF THE CHARGES
41
Q

LOCAL AND ETHIC CUSTOMS

A

WHAT TYPE OF FUNERAL ARRANGEMENTS ARE CUSTOMARY FOR THE AREA 2.TRADITIONAL VS. NON TRADITIONAL 3. RELATED TO STATION IN LIFE

42
Q

FILING OF CLAIMS

A

ALLOWABLE COST ITEMS OF A FUNERAL 2. RECOGNIZED BY THE COURTS

43
Q

CLAIMS INCLUDES BUT NOT LIMITED TO

A

EMBALMING, PROFESSIONAL SERVICES, USE OF FACILITIES, OUTER BURIAL CONTAINER,CLOTHING,TRANSPORTATION, CEMETARY OR CREMATION COST,HEADSTONE OR MONUMENT, FLOWERS, NEWSPAPER NOTICE—-

44
Q

CLAIMS MAY BE AFFECTED BY

A

CUSTOM, RELIGION, FRATERNAL REQUIREMENTS, LEGAL REQUIREMENTS , CEMETARY REQUIREMENTS..

45
Q

PRIORITY OF CLAIMS

A
  1. FUNERAL BILL IS THE FIRST CLAIM AGAINST AN ESTATE THAT WILL BE PAID 2. CHARGES MUST BE REASONABLE 3. AMOUNT MAY BE DICTATED BY STATE LAW–ALOWABLE VS. PREFERENTIAL
46
Q

AUTOPSY V DISSECTION

A

AUTOPSY–POSTMORTEM EXM OF ORGAN TO DETERMINE CAUSE OF DEATH …»»>2. DISSECTION …..—POSTMORTEM EXAMINATION OF TISSUES TO DETERMINE CAUSE OF DEATH

47
Q

EXCEPTION TO UNAUTHORIZED AUTOPSY…

A

CONTRACTUAL…1. REGUIRED TO DETERMINE CAUSE OF DEATH–2. PAYMENT OF INSURANCE BENEFITS 3. LIFE /HEALTH INSURANCE BENEFITS-4. LIFE/ HEALTH INSURANCE/ACCIDENTAL DEATH

48
Q

PUBLIC OFFIIALS

A

1.PUBLIC OFFICAILS–DUTY TO INVESTIGATE CAUSE OF DEATH 2. QUESTION OF ACCIDENT .SUICIDE.HOMICIDE MIGHT BE EVIDENT OR NO PHYSICIAN IN ATTENDENCE

49
Q

WRONGFUL WITHHOLDING

A
  1. LIENS-ATTACHMENTS- AND REPLEVIN DO NOT APPLY TO A DEAD HUMAN BODY–2. .»»>BODY IS NOT PROPERTY»» 3. RELATED TO REFUSAL TO SURRENDER UPON DEMAND
50
Q

REPLEVIN.. 2. LIEN

A

REPOSSESING–..2.CLAIM AGAINST PROPERTY FOR PAYMENT OF DEBT –IRS LIEN–CANNOT BE ISSUED TO WITHHOLD A DEAD BODY

51
Q

REPLEVIN –

A

ACTION TO RECOVER POSESSION OF PERSONAL PROPERTY–REPOSSESSION OF A CAR FOR NON PAYMENT–CANNOT BE USED TO WITHHOLD A DEAD HUMAN BODY

MORTUARY LAW (6 decks)

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