MORTUARY LAW EXAM 1

Question 1

STATUTORY LAW. (STATUTES)

Answer 1

LAW ENACTED BY A LEGISLATIVE BODY —-FEDERAL GOVERNMENT’US. CONGRESS-STATE GOVERNMET – STATE LEGISLATION

Question 2

ANATOMICAL DONATION

Answer 2

CADAVER–DEAD HUMAN BODY. INTENDED SOLELY FOR SCIENTIFIC STUDY AND DISSECTION——RECEIVING INSTITUTION. HAS THE RIGHT TO REFUSE. THE DONATION

Question 3

ANATOMICAL DONATION

Answer 3

UNIFORM ANATOMICAL GIFT ACT. –LAW PERMITING A PERSON OF LEGAL. AGE, SOUND MIND’. TO DONATE. ALL OR ANY PART OF THEIR BODY ,TAKES EFFECT UPON THEIR DEATH

Question 4

COMMUNITY STANDARDS FOR A DECENT BURIAL

Answer 4

1 PROTECTION OF PUBLIC HEALTH 2. PUBLIC MORALITY COMMON DECENCY 3. RESPECT FOR THE DEAD

Question 5

CONSIDERATIONS FOR FINAL DISPOSITION

Answer 5

WHOSE WISHES DOES THE FD FOLLOW..2.ORDER OF CONSIDERATION..3 WISHES OF DECEDENT 4.VERBAL,WRITTEN INSTRUCTION.4 PRE/NEED/ PREPAID FUNERAL ARRANGEMENTS

Question 6

CONSIDERATION FOR FINAL DISPOSITION

Answer 6

WHISHES OF SUVIVOR 1. INDIVIDUAL WITH PARAMOUNT RIGHT OF DISPOSITION 2. SPOUSE 3. IMMEDIATE FAMILY MEMBER 4. NEXT OF KIN

Question 7

CONSIDERATIONS FOR FINAL DISPOSITION

Answer 7

1. PUBLIC INTEREST 2. PROTECT PUBLIC HEALTH 3.HONOR PUBLIC MORALITY AND COMMON DECENCY

Question 8

CONSIDERATIONS FOR FINAL DISPOSITION-

Answer 8

STATUTES. –LEGAL REQUIREMENTS FOR DISPOSITION OF A DEAD HUMAN BODY

Question 9

DUTY

Answer 9

IS AN OBLIGATION

Question 10

RIGHT

Answer 10

IS A PRIVILEGE

Question 11

PRIMARY DUTY OF FINAL DISPOSITION

Answer 11

1. REST WITH THE HOUSEHOLDER 2. SURVIVING SPOUSE 3. NEXT OF KIN

Question 12

HOUSEHOLDER

Answer 12

ONE WHO OWNS OR CONTROLS REAL ESTATE WHERE DEATH. HAS OCCURED. 2. IT IS THE REDUTYTO NOTIFY THE PROPER AUTHORITY

Question 13

SURVIVING SPOUSE

Answer 13

1. WIDOW 2. WIDOWER. 3. NOT A BLOOD RELATIVE

Question 14

NEXT OF KIN

Answer 14

1. KIN ONES RELATIVES COLLECTIVELY.2. REFERING TO BLOOD RELATIONSHIP 3. LEGALY SURVIVING SPOUSE IS NOT NEXT OF KIN.

Question 15

degree of KINDRED

Answer 15

1. RELATIONSHIP TO DECEDENT OF THEIR RELATIVES 2. EACH GENERATION IS ONE DEGREE, COUNTING TO A COMMON ANCESTOR

Question 16

PRSONAL REPRESENTATIVE

Answer 16

PERSON WHO REPRESENTS AND SETTLES THE ESTATE OF THE DECEASED PERSON

Question 17

TYPES OF PERSONAL REPRESENTATITIVE

Answer 17

EXECUTOR .EXECUTRIX, ADMINISTRATIX, ADMINISTRATOR

Question 18

EXECUTOR…EXECUTRIX—THESE APPLY WHEN SOMEONE HAS DIED INTESTATE WITHOUT A WILL….——–

Answer 18

TESTATE–SOMEONE WHO DIES WITHOUT A WILL…..INDIVIDUAL–EXECUTOR-MALE APPOINTED BY WILL..TO CARRY OUT ITS PROVISIONS AND SETTLE THE ESTATE……EXECUTRIX—FEMALE

Question 19

ADMINISTRATOR (MALE)–ADMINISTRATIX–(female)

Answer 19

1.PERSON DIES WITHOUT LEAVING A WILL–INDIVIUAL-APPOINTED BY THE PROBATE COURT–TO SETTLE AN ESTATE

Question 20

1. GUARDIAN–IS A POWER OF ATTORNEY

Answer 20

1. judicial appointment b the (COURTS) OF A PERSON TO ADMINISTER THE AFFAIRS OF ANOTHER PERSON WHO IS INCOMPETENT BY VIRTUE OF AGE OR LEGAL DISABILITY——-PRIOR TO THE DECEDENTS DEATH..

Question 21

VOLUNTEER

Answer 21

1. ANYONE WHO AGREES TO ASSUME THE RIGHT OF FINAL DISPOSITION–EXAMPLE –FRIEND, NEIGHBOR–CO-WORKER

Question 22

SECONDARY RIGHT OF FINAL DISPOSITION–GOVERNMENT

Answer 22

1.STATE 2. COUNTY 3. LOCAL –IF THERE ARE NO FRIENDS OR RELATIVES—HARRIS COUNTY WILL TAKE OVER

Question 23

SECONDARY RIGHT –FINAL DISPOSITION

Answer 23

1. DEPENDS ON JURISDICTION 2. AND WHEN AND WHERE THE DEATH OCCURRED

Question 24

1. FUNERAL DIRECTOR

Answer 24

(FD)–UNDERTAKING THE FUNERAL HAS LAWFUL RIGHTS FROM 2 SOURCES….2. THOSE GRANTED AND IMPOSED BY STATUTES,ORDINANCES, REGULATIONS–LICENSING REGULATIONS ALLOWING THE( FD) TO PRACTICE THEIR PROFESSION…3. THOSE ARISING FROM THE FUNERAL CONTRACT—-RIGHTS AUTHORIZED BY THE PERSON WITH PARAMOUNT RIGHT OF DISPOSITION

Question 25

(FD)S DUTY IN CASE OF CONFLICT

Answer 25

1. HOLD BODY UNTIL PROPER PARTY AUTHORIZES ITS DISPOSITION 2. SHOULD NOT DECIDE OR ATTEMPT TO INFLUENCE THE DECISION.3. SHOULD INFORM THE FAMILY NO ACTION WILL BE TAKEN UNTIL PARTIES COME TO A SETTLMENT 4. OR UNTIL THE COURTS DECIDE 5. ABOVE ALL RMAIN NEUTRAL
   (TAKE NO ACTION AND PROVIDE AS MANY OPTIONS AS POSSIBLE..)

Question 26

STATUTES,ORDINANCES AND REGULATIONS

Answer 26

1. LAWS AND LICENSING REGULATIONS–2. AUTHORIZE ,EMPOWER THE FUNERAL DIRECTOR TO PRACTICE THE PROFESSION 3. RLATED TO ALL ACTIONS REQUIRED FOR THE FUNERAL PROCESS..

Question 27

FUNERAL CONTRACT

Answer 27

1. BETWEEN THE FUNERAL DIRECTOR 2. AND THE INDIVIUAL WITH THE RIGHT OF DISPOSITION

Question 28

FUNERAL CONTRACT

Answer 28

1. (FD) HAS NO RIGHTS IN HIS PROFESSIONAL CAPACITY WITH RESPECT TO A D
   EAD BODY UNTIL SUCH TIME AS A VALID CONTRACT IS ENTERED INTO BETEEN HIMSEF AND ANOTHER,EITHER EXPRESSLY OR IMPLICITLY