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Mortuary Law > Mortuary Law Exam 2 > Flashcards

Mortuary Law Exam 2 Flashcards

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1
Q

Condition of being actually or potentially subject to an obligation; condition of being responsible for an expense.

A

Definition of “Black Law?”

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2
Q 
Funeral Contract
Decedent's Estate
Common Law
Volunteer
Public Authorities
A

Types of Liabilities for Funeral Expenses:

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3
Q

Agreement between two or more competent persons which is enforceable by law.

A

Contract

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4
Q

Offer
Acceptance
Consideration

A

Elements of a contract:

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5
Q

Expression of willingness to enter into a contractual agreement.

A

Offer

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6
Q

Agreement to an offer resulting in a contract.

A

Acceptance

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7
Q

What the promisor demands and receives as the price for a promise.

A

Consideration

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8
Q

Offeror

Offeree

A

Parties of a contract:

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9
Q

Party who initiates or makes an offer.

A

Offeror

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10
Q

Person to whom an offer is made.

A

Offeree

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11
Q

Express
Implied
Quasi

A

Types of contracts:

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12
Q

Parties express their intentions at time of agreement; can be oral, written, at need or prefunded.

A

Express Contract

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13
Q

Oral or Written
At Need
Pre-Funded

A

Types of Express Contracts:

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14
Q

Contract terms are implied by acts or conduct of the parties.

A

Implied Contract

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15
Q

A First Call is an Implied Contract becomes an express contract.

A

An example of an Implied Contract:

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16
Q

Fictional contract applied by a court for a person unable to contract for him/herself.

A

Quasi Contract

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17
Q

Property of a deceased person.

A

Estate:

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18
Q

Real Property

Personal Property

A

Estate consists of:

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19
Q

land or anything attached to it.

A

Real Property:

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20
Q

tangible or intangible property; includes: personal belongings, furniture, auto, jewelry, money, stocks, bonds, and insurance policies.

A

Personal Property:

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21
Q

Condition of leaving a will at time death.

A

Testate:

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22
Q

the state or condition of dying without having made a will.

A

Intestate

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22
Q

Solvent estate:

A

Assets exceed the liabilities (more cash than expenses)

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23
Q 
Size and solvency of the estate.
Status in life
Reasonableness of the charges
Funeral directors knowledge of the decedent's financial condition
Local and ethnic customs
A

Limitations of the estate:

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25
Q

liabilities exceed the assets (less cash than expenses).

Estate is unable to pay debts.

A

Insolvent estate:

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26
Q

Decedent’s Estate

A

The funeral bill is a charge against the ________________.

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27
Q 
Station in life
Lifestyle
Standard of living
Social
Economic
Religious
A

What is the criteria for courts consideration when determining reasonableness of funeral charges:

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28
Q 
Size and solvency of the estate
Right of creditors to collect payment
Station in life of deceased
Decedent's religious faith
Decedent's fraternal membership
Local and contemporary customs
A

Reasonableness of the charges is based on the following:

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29
Q
  1. Decedent’s financial condition
  2. Solvency or insolvency of estate
  3. Related reasonableness of charges.
A

Funeral Director’s Knowledge should include:

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30
Q
  1. What types of funeral arrangements are customary for the area?
  2. Traditional vs. non-traditional
  3. Related to station in life.
A

Local and Ethical Customs are:

31
Q 
Embalming
Professional services
Use of facities
Casket
Outer burial container
Clothing
Clergy
Transportation
Cemetery or cremation
Headstone or monument
Flowers
Newspaper notice
A

What are some allowable cost items of a funeral recognized by courts:

32
Q 
Customs
Religion
Fraternal requirements
Legal requirements
Cemetery requirements
A

What may affect the cost of a funeral?

33
Q

The funeral bill

A

Which bill is typically the first claim to be paid against an estate?

34
Q

Spouse for spouse
Parents for minor/dependent children
Parents are not liable for the expenses of adult child

A

According to Common Law who is responsible for paying the funeral bill of these types of relatives:

35
Q

Volunteer

Public Authorities

A

Who else pays for the decedents funeral bill:

36
Q

Individual(s) who volunteer to pay the funeral bill.

A

Volunteer(s)

37
Q

State or County government who pay the funeral bill.

A

Public Authorities

38
Q

A wrongful act committed by one person against another person and/or their property.

A

What is a Tort?

39
Q

Invasion of rights
Obstruction of funeral arrangements
Mutilation
Wrongful witholding

A

Torts include:

40
Q
  1. Not to interfere with the right of burial.

2. To exercise reasonable care in keeping the funeral home premises in safe condition.

A

What are the 2 duties recognized by law that impact the funeral director?

41
Q
  1. Unauthorized embalming
  2. Unauthorized photos of deceased.
  3. Burial in absence of the next of kin
  4. Right to privacy
  5. Failure to comply with wishes.
A

Examples of Invasion of Rights:

42
Q

Except in certain cases, embalming is not required by law, embalming may be necessary, however if you select certain funeral arrangements, such as a viewing. If you do not want embalming, you usually have the right to choose an arrangement which does not require you to pay for embalming, such as direct cremation or immediate burial.

A

FTC Funeral Rule States what about embalming?

43
Q

If you tried to reach next of kin for 3 or more hours, you have no refrigeration, and no reason to deem it would be unwanted.

A

When is embalming required in Texas?

44
Q

Obtain express written authorization.

A

Before embalming you must first do what?

45
Q
  1. Hospital or other institution wrongfully holding or refusing to release remains. (beyond the necessary to complete autopsy, paperwork, etc.)
  2. Public officials not releasing a body within a reasonable period of time. (when body is held for forensic and/or legal purposes)
  3. By the funeral director, especially due to non-payment of the funeral bill.
A

What are some examples of obstruction of funeral arrangements:

46
Q

Altering of an object or dead human body from its original condition.

A

Define Mutilation

47
Q

True

A

Based on definition, embalming is a form of mutilation.

True or False

48
Q

postmortem exam of organs to determine cause of death (gross anatomy/inspection).

A

What is an autopsy?

49
Q

Postmortem exam of tissue to determine cause of death.

A

What is dissection?

50
Q
  1. Contractural
  2. To determine the cause of death
  3. Payment of insurance benefits (life/health/accidental death)
  4. Right of public official or health officer.
A

Exceptions of Types of Unauthorized Autopsy’s:

51
Q

Coroner
Medical Examiner (ME)
Justice of the Peace (JP)

A

Who are the public officials that have the duty to investigate the cause of death or question of accident, suicide or homicide. Without a physician in attendance?

52
Q

A body is not property
Lien attachments and replevin do NOT apply to dead human body.
Can not refuse to release a body on demand.

A

What is wrongful withholding or The Property Theory?

53
Q

a claim or charge against property of payment of some debt.

A

What is a lien?

54
Q

An action to recover possession of personal property.

A

What is a replevin?

55
Q

Failure to exercise ordinary care. Lack of due care. Exercised by a wrongdoer who has not acted as a reasonable person would.

A

What is negligence?

56
Q

Failure to do something which a reasonable prudent person would do under ordinary circumstances.

A

Omission

57
Q

Doing something which a reasonable and prudent person would not do under ordinary circumstances.

A

Commission

58
Q

Negligent Embalming
Negligent Funeral Directing
Negligent Lab

A

Types of negligent acts:

59
Q

Statements and funeral contracts.

A

Duties and obligations originate from 2 sources, what are they?

60
Q

No

A

Are volunteer drivers under direct control of the funeral director?

61
Q

Agent drivers

Funeral home employees

A

The Funeral Director is liable for:

62
Q

automotive equipment for the hire

A

What is the Livery or Rolling Stock?

63
Q

Place of business used in the care and prep and final disposition of dead human bodies.

A

Define the Funeral Establishment

64
Q 
Specific Premises:
Funeral home
Church 
Cemetery
Other facilities where funeral rites are held
A

Premises Liability include:

65
Q

Not invited

Very little degree of care

A

Trespasser

66
Q

Invitee

Sales Reps

A

Social Guest

67
Q

Those attending visitation or funeral service

A

Invitee

68
Q

Mental suffering resulting from grief wounded pride, service disappointment, indignation, shame, public humilitation, despair, etx.

A

What is Mental Anguish?

69
Q

physical injury and physical impact

A

Mental anguish historically required__________ and __________to be recognized by courts to award damages.

70
Q

committed with the intention or purpose of causing harm.

A

Intentional Act

71
Q

Committed with complete disregard for proper conduct.

A

Outrageous Act

72
Q

Committed with complete disregard for acting as a prudent person would under ordinary circumstances.

A

Gross negligent act

73
Q

Licensed Funeral Director

A

Only a ____________is qualified to provide professional services to the family.

Mortuary Law (1 decks)

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