MORTUARY LAW 3/3 EX. 2 MONDAY EXAM

Question 1

FIND OUT WHO IS

Answer 1

RESPONSIBLE FOR PAYING THE FUNERAL BILL

Question 2

LIABILITY

Answer 2

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

Question 3

LIABILITY FOR FUNERAL EXPENSES

Answer 3

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

Question 4

CONTRACTS

Answer 4

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

Question 5

ELEMENTS OF A CONTRACT

Answer 5

ACCEPTANCE 2. CONSIDERATION 3. OFFER

Question 6

OFFER

Answer 6

EXPRESSION OF WILLINGNESS TO ENTER INTO A CONTRACTUAL AGREEMENT

Question 7

ACCEPTANCE

Answer 7

AGREEMENT TO AN OFFER RESULTING IN A CONTRACT

Question 8

CONSIDERATION

Answer 8

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

Question 9

PARTIES TO A CONTRACT

Answer 9

1. OFFEROR- 2. OFFEREE

Question 10

OFFEROR

Answer 10

PERSON WHO INITIATES OR MAKES AN OFFER

Question 11

OFFEREE

Answer 11

PERSON TO WHOM AN OFFER IS MADE

Question 12

TYPES OF CONRACTS

Answer 12

1. EXPESS 2. IMPLIED 3. QUASI

Question 13

EXPRESS CONTRACTS

Answer 13

ARE ORAL OR IN WRITING

Question 14

EXPRESS CONTRACT

Answer 14

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..

Question 15

IMPLIED CONTRACT

Answer 15

CONTRACT TERMS ARE IMPLIENTED BY ACTS OR CONDUCT OF THE PARTIES

Question 16

FIRST CALL IMPLIED CONTRACT BECOMES AN EXPRESS CONTRACT

Answer 16

FIRST CALL

Question 17

PERSON CONTRACTING

Answer 17

NOT

Question 18

QUASI CONTRACT

Answer 18

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

Question 19

QUASI PROPERTY

Answer 19

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

Question 20

QUASI CONTRACT

Answer 20

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

Question 21

QUASI CONTRACT

Answer 21

CASE OF DECEDENT–LAW RECOGNIZES NEED FOR A DECENT BURIAL

Question 22

QUASI CONTRACT

Answer 22

DECEDENT UNABLE TO DECIDE FOR HIM OR HERSELF

Question 23

QUASI CONTRACT

Answer 23

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

Question 24

DECEDENTS ESTATE

Answer 24

ESTATE–PROPERTY OF A DECEASED PERSON

Question 25

ESTATE

Answer 25

CONSISTING OF REAL PROPERTY AND PERSONAL PROPERTY

Question 26

REAL PROPERTY

Answer 26

LAND OR ANYTHING ATTACHED TO LAND

Question 27

PERSONAL PROPERTY

Answer 27

TANGIBLE --INTANGIBLE PROPERTY

Question 28

TANGIBLE --INTANGIBLE PROPERTY

Answer 28

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

Question 29

REASONABLENESS OF FUNERAL BILL

Answer 29

TESTATE

Question 30

TESTATE

Answer 30

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

Question 31

INTESTATE

Answer 31

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

Question 32

LIMITATION

Answer 32

SIZE AND SOLVENCY OF THE ESTATE

Question 33

LIMITATION OF THE ESTATE

Answer 33

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

Question 34

SIZE OF THE ESTATE

Answer 34

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

Question 35

SOLVENT

Answer 35

ASSETS EXCEED LIABILITY--MORE CASH THAN EXPENSES

Question 36

INSOLVENT ESTATE

Answer 36

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

Question 37

INSOLVENT ESTATE

Answer 37

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

Question 38

ESTATE

Answer 38

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..

Question 39

REASONABLNESS OF CHARGES--THE COURT WILL CONSIDER

Answer 39

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

Question 40

FUNERAL DIRECTORS KNOWLEDGE OF DECEDENTS FINANCES

Answer 40

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

Question 41

LOCAL AND ETHIC CUSTOMS

Answer 41

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

Question 42

FILING OF CLAIMS

Answer 42

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

Question 43

CLAIMS INCLUDES BUT NOT LIMITED TO

Answer 43

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

Question 44

CLAIMS MAY BE AFFECTED BY

Answer 44

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

Question 45

PRIORITY OF CLAIMS

Answer 45

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

Question 46

AUTOPSY V DISSECTION

Answer 46

AUTOPSY--POSTMORTEM EXM OF ORGAN TO DETERMINE CAUSE OF DEATH ...>>>>>2. DISSECTION .....---POSTMORTEM EXAMINATION OF TISSUES TO DETERMINE CAUSE OF DEATH

Question 47

EXCEPTION TO UNAUTHORIZED AUTOPSY...

Answer 47

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

Question 48

PUBLIC OFFIIALS

Answer 48

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

Question 49

WRONGFUL WITHHOLDING

Answer 49

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

Question 50

REPLEVIN.. 2. LIEN

Answer 50

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

Question 51

REPLEVIN --

Answer 51

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