Mortuary Law Exam 3 Flashcards
____ are laws passed by a municiple governing body such as a town or city. (Zoning, building, safety, etc.)
Ordinances
A ____ is a fixed place of business used in the care and preparation for the funeral and/or disposition of dead human bodies
Funeral Establishment
____ are issued by local municipalities, grant permission to use a building or facility for a specified use or purpose such as hospitals, churches, etc; and allows exceptions to zonging ordinances for professions such as doctors and dentists.
Special Use Permits
____ are laws passed by a municipality by virtue of the police power which regulates the kind of building, residences, or businesses that may be built and used in different parts (zones) of the municipality
Zoning
____ is residential, or commercial; in some municipalities there maybe either no zoning or a combination of residential/commercial
Municipality Zoning
____ are regulations which control requirements for business and residential building regarding fire and safety, maintenance and operation, occupancy and use, appearance (designs), materials used in construction, parking spaces, plumbing, electrical, restrooms, signs and etc…
Building Codes
____ are provisions in a deed limiting the use of property and prohibiting certain uses (example of these are deed restrictions)
Covenants
____ are contracts dealing with transfer of ownership, seller agrees not to compete for a specific period of time, nor in a specific geographical area both are enforeceble by law if deemed reasonable
Covenants Not To Compete
____ is defined as an invasion of a landowner’s use if property which interferes with the public or another landowner’s use and enjoyment of his/her property
Nuisance
____ are acts, occupations, or structures which are nuisances at all times and under all circumstance; maybe prejudicial to public morals, dangerous to life, or injurious to public rights
Nuisance Per Se
____ are acts, occupations, or structures which are not nuisances per se, but may become ____ by circumstance of the location or manner in which it is operated.
Nuisance In Fact
____ are rules related to embalming procedures and funeral home personnel protection and safety
Occupational Safety & Health Act or “OSHA”
____ are rules concerning the use and control of formaldehyde and chemicals used by embalmers.
Environmental Protection Agency or “EPA”
____ help to provide individuals with full use and enjoyment of public accommodations.
American With Disability Act or “ADA”
Which one of the 4 requirements of the ADA is to establish ramps, widen doors, cut curbs, and put in handicap parking?
1st Requirement
Which one of the 4 requirements os the establish access to restrooms, such as raise toilet seats, mirrors, sinks, and towel dispensers; and to install grab bars?
3rd Requirement
Which one of the 4 requirements is to provide public access to areas where goods and services are provided
2nd Requirement
Which one of the 4 requirements is to make any modifications that are necessary; such as install water fountains, and payphones?
4th Requirement
An area of ground set aside and dedicated for the final disposition of a dead human body is known as a ____.
Cemetery
____ is an inherent power of a government to take private property for public use in the U.S.; this maybe used to obtain land for a public cemetery, and requires just compensation to the property owner.
Eminent Domain
____ is the model law enacted to achieve uniformity in probate proceeding throughout the US, not adopted by all states
Uniform Probate Code or “UPC”
___ is the act or process of proving a will
Probate
____ is the court having jurisdiction over estates
Probate Court
____ is a gift of real estate made by a will
Devise
