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MORTUARY LAW > MORTUARY LAW TEST 1 > Flashcards

MORTUARY LAW TEST 1 Flashcards

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1
Q

LAW

A

RULES OF CIVIL CONDUCT COMMANDING WHAT IS RIGHT,PROHIBITING WHAT IS WRONG

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2
Q

MORTUARY LAW

A

BRANCHES OF LAW RELATES TO MATTERS CONCERNED WITH DISPOSAL OF THE DEAD

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3
Q

PROPERTY THEORY

A

LAWS BECOME MORE SECULAR OR NON RELIGOUS… BUT NOT ECCLESSIASTICAL OR CHURCH BASED

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4
Q

DEAD BODY WAS SEEN AS PROPERTY OF THE FAMILY MEMBER

A

NO LONGER AN ACCEPTED THEORY

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5
Q

MORTUARY OR FUNERAL LAW

A

RULES,PRINCIPLES THAT SOCIETY HAS ESTABLISHED FOR HANDLING ,DISPOSITION OF THE DEAD

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6
Q

MORTUARY LAW IS ALSO

A

FUNERAL SERVICE LAW, 2. MORTUARY JURISPRUDENCE 3.FUNERAL LAW

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7
Q

COMMON LAW

A

NON LEGISLATED PRINCIPLES,RULES OF ACTION PREDICATED UPON USAGE AND CUSTOMS–ROOTED IN ENGLISH AND COLONIAL LAW

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8
Q

DEATH

A

VARY FROM STATE TO STATE –BRAIN DEATH IS NEW LEGAL/MEDICAL DEFINITION

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9
Q

BRAIN DEATH

A

TOTAL IRREVERSIBLE CESSATION OF BRAIN FUNCTION ..AS INDICATED BY FLAT EEG. (READING)

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10
Q

EEG

A

ELECTROCEPHALOGRAM—MEASURES ELECTRICAL ACTIVITY OF THE BRAIN

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11
Q

BRAIN DEAD

A

INDIVIUAL WHO HAS SUSTAINED IRREVERSABLE CESSATION OF ALL FUNCTIONING PARTS OF THE BRAIN..INCLUDING THE BRAIN STEM

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12
Q

BODY PARTS

A

DEFINED BY UNIFORM ANATOMICAL GIFT ACT. UAGA————ORGANS,TISSUES,EYES,BONES,ARTERIES,BLOOD,FLUIDS,ANY OTHER PART OF A HUMAN BODY FOR TRANSPLANTATION

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13
Q

BODY PARTS

A

AFTER REMOVAL OF THE BODY PART WITHOUT UNNECESSARY MUTILATION—-CUSTODY OR REMAINDER OF THE BODY RESTS WITH THE PERSON WHO OTHERWISE HAS THE RIGHT TO CONTROL FINAL DISPOSITION.

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14
Q

,PROPERTY RIGHTS IN A DEAD HUMAN BODY

A
  1. NO PROPERTY THEORY,2.PROPERTY THEORY’3.QUASI PROPERTY THEORY
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15
Q

NO PROPERTY ECCLESIASTICAL THEORY

A
  1. BASED ON EARLY ENGLISH LAW..2.DEAD HUMAN BODY WITH EXCLUSIVE CONTROL OF THE CHURCH 3. NO PERSON HAD PROPERTY RIGHTS IN A DEAD BODY 4. DEAD BODY IS PROPERTY OF NO ONE.5. NO (PRPOPERTY) IN A DEAD HUMAN BODY
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16
Q

CURRENT THEORY (QUASI PROPERTY)

A

RIGHTS ARE NEXT OF KINS AND OR THE SPOUSE…AS IF THE BODY WERE PROPERTY FOR PURPOSE OF FINAL DISPOSITION ONLY

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17
Q

PROPERTY

A

CONCEPTUALIZED AS A BUNDLE OF RIGHT BUNDLE OF RIGHTS WHICH HAVE BEEN ASSOCIATED WITH PROPERTY INCLUDES THE RIGHT TO POSESS, TO USE, TO EXCLUDE,N TO PROFIT AND TO DISPOSE

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18
Q

QUASI PROPERTY THEORY

A

DEAD BODY IS QUASI PROPERTY OF SURVIVING FAMILY MEMBERS WITH THESE BUNDLE OF RIGHTS

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19
Q

What ARE THESE BUNDLE OF RIGHTS

A

1.RIGHT TO TAKE BODY FOR PURPOSE OF FINAL DISPOSITION 2. ALLOW BODY PARTS TO BE USED WITHIN CONFINES OF THE LAW 3. EXCLUDE OTHERS FROM POSSESSION OF THE BODY. 4. DISPOSE OF THE BODY

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20
Q

COMMON LAW

A

NON LEGISLATED PRINCIPLES ,RULES OF ACTION PREDICATED UPON USAGE ,CUSTOMS..

  1. ROOTED IN ENGLISH COLONIAL LAW
  2. BASED ON HUMAN EXPERIENCE AND THE GOOD FOR ALL MBRS. OF SOCIETY. 4.CUSTOMS WHICH HAVE BECOME RECOGNIZED BY THE COURTS AS BINDING ON THE COMMUNITY
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21
Q

CONSTITUTIONAL LAW

A

DOCUMENT CONTAINING PRINCIPLES OF GOVERNMENT.2.DETAILS POWERS AND DUTIES OF THE GOVERNMENT.3.GUARANTEES RIGHTS OF THE PEOPLE.4. CONSTITUTES THE PRINCIPLES OF THE LAW OF THE LAND.5.EMDOYS BOTH FED. AND STATE CONSTITUTIONS.

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22
Q

STATUTORY LAW –STATUTES

A

LAW ENACTED BY A LEGISLATIVE BODY –EXAMPLE FED. GOV. STATE GOV.’STATE LEGISLATION

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23
Q

METHOD OF FINAL DISPOSITION

A
  1. BURIAL 2. ENTOMBMENT 3.CREMATION 4. BURIAL AT SEA 5. ANATOMICAL DONATION
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24
Q

EXAMPLES OF POLICE POWER

A

LICENSE REQUIREMENTS 2.HEALTH STANDARDS 6. BUSINESSOPERATIONS

25
Q

BURIAL

A

MOST COMMON 1. LAWFUL IN PROPERTY DEDCATED AS A PUBLIC,PRIVATE CEMETARY
2. OR PRIVATE PROPERTY IN SOME RURAL AREAS. 3. LAND DEDICATED AS A FAMILY CEMETARY

26
Q

ENTOMBMENT

A

PLACEMENT OF CASKETED REMAINS IN MAUSOLEUM 2. CRYPT - BUILDING DEDICATED FOR THIS PURPOSE 3. INDIVIDUAL OR FAMILY STRUCTURES

27
Q

POLICE POWER

A

INHERENT POWER OF EVERY GOVERNMENT TO MAKE REASONABLE LAWS TO PROTECT SAFETY

28
Q

CREMATION

A
  1. LEGAL IF CREMATORY IS PROPERLY LICENSED 2. COMPLIANCE WITH STATE ,LOCAL LAWS 3. DUE DILLIGENCE ( 3RD PARTY CREMATORIES)
29
Q

CREMATION.

A

NOT A METHOD OF DISPOSITION 2. BUT A STEP IN A MODE OF FINAL DISPOSITION.

30
Q

CANA

A

DOES TRAINING FOR CREMATION CERTIFICATE

31
Q

DISPOSITION OF CREMAINS

A

INURNMENT 2. PLACE CREMAINS IN A NICHE OR A OR A URN 3.PLACE REMAINS IN A NICHE OR A COLUMBARIUM 4. DISPOSITION OF CREMAINS–BURIED IN A CEMETARY

32
Q

SCATTERING –CEMETARY ….. SCATTERING GARDEN. 3. CEMETARY

A

OPEN SEA 2. 3 NUATICAL MILES 6080 REPORTED TO ENVIRONMENTAL –EPA

33
Q

DEATH AND BURIAL AT SEA

A

PROVIDED UNDER MARITME LAW 2. PROTECTS HEALTH AND SAFETY OF CREW AND PASSENGERS

34
Q

BURIAL AT SEA

A

BURIAL ABOARD A SHIP AT SEA 2. 3 NAUTICAL MILES FROM SHORELINE

35
Q

BURIAL AT SEA

A
  1. BODY MUST BE WEIGHTED 2. PLACED IN A SPECIAL SHROUD OR WEIGHTED CASKET 3. WITH HOLES –20 DRILLED IN CASKET SHELL 4. CASKET BANDED (5) TO PREVENT OPENING
36
Q

BURIAL AT SEA

A

REMAINS MUST SINK RAPIDLY AND PERMANENTLY TO OCEAN FLOOR. 2. NOTIFY EPA

37
Q

ANATOMICAL DONATION –(CADAVER)

A

DEAD HUMAN BODY SOLELY FOR SCIENTIFIC STUDY AND DISSECTION

38
Q

NEXT OF KIN

A

CHILDREN OF PROPER AGE OR LEGAL AGE..(18 OR OLDER) 1. PARENTS 2. SIBLINGS 3. THE OLDEST BROTHER OR SISTER……MORE DISTANT KIN..4. AUNT, UNCLES, COUSINS

39
Q

MOST FUNERAL HOMES

A

WILL BE OK WITH THE SIGNATURE OF ONE SIBLING FOR CREAMATION.

40
Q

NEXT OF KIN

A

IS BASED ON GENERAL RULE OF PRIORITY 2. STATUTE OF DECEDENT AND DISTRIBUTION..2. WELL RECOGNIZED ORDER
3.NOT AN IRON CLAD RULE IN ALL STATES

41
Q

PRIMARY DUTY OF FINAL POSITION

A
  1. WILL REST WITH THE SPOUSE OR NEXT OF KIN….2. THE DUTY OF BURIAL , RESTS WITH THE SPOUSE,NEXT OF KIN.
42
Q

2NDRY DUTY OF FINAL DISPOSITION

A
  1. FALLS UPON PUBLIC AUTHORITIES 2.STATE AND OTHER GOVERNMENTAL AUTHORITY
43
Q
  1. RIGHT TO CONTROL FINAL DISPOSITION 2. RIGHT
A
  1. EQUALS PRIVILEDGE….3. PRIMARY RIGHT OF FINAL DISPOSITION4. 2NDRY RIGHT OF FINAL DISPOSITION….5. POSSES and CONTROL OF THE BODY ATTACHES AT THE MOMENT OF DEATH –SEE PAGE 10
44
Q

PRIMARY RIGHT OF FINAL DISPOSITION

A
  1. WISHES OF DECEDENT 2. SURVIVING SPOUSE 3. NEXT OF KIN 4. PERSONAL REPRESENTATIVE 5. GUARDIAN 6. VOLUNTEER 7. FUNERAL DIRECTOR.
45
Q

PRIMARY RIGHT OF FINAL DISPOSITION

A
  1. WISHES OF DECEDANT 2. PRE-NEED 3. WILL 4. OTHER DOCUMENT OR DECLARATION..WRITTEN OR ORALLY.
46
Q

1.- MAKING FINANCIAL FUNERAL ARRANGEMENTS IN ADVANCE WITH NO PAYMENT

A
  1. PREPLANNED
47
Q

PREFUNDED

A
  1. MAKING FUNERAL ARRANGEMENTS IN ADVANCE …WITH PAYMENT
48
Q
  1. WILL
A

INSTRUMENT EXECUTED WITH REQUIRED FORMALITY BY A PERSON MAKING DISPOSITION OF THEIR PROPERTY TO TAKE EFFECT UPON THEIR DEATH

49
Q
  1. OTHER DOCUMENTS OF DECLARATION
A
  1. WRITTEN INSTRUMENTS 2. ORAL INSTRUCTIONS
50
Q
  1. IMPORTANT FACTORS
A
  1. DECEDEANTS MENTAL CAPACITY 2. PROXIMITY OF EXPRESSION OF PREFERENCE TO TIME OF DEATH 3. IF THE PREFERENCE WAS EXPRESSED IN CLOSE PROXIMITY NEAR TO DEATH,COURTS WILL GIVE GREATER WEIGHT THAN IF THE PREFERENCE IS MADE YEARS PRIOR TO DEATH. PP. 19
51
Q
  1. PRIMARY RIGHT OF FINAL DISPOSITION
A
  1. SURVIVING SPOUSE..WIDOW..WIDOWER
52
Q
  1. NEXT OF KIN—2. KIN
A
  1. PARENTS 2. CHILDREN
53
Q

DEGREE OF KINDRED

A

RELATIONSHIP TO DECEDENT THEIR RELATIVES..EACH GENERATION IS ONE DEGREE, COUNTING TO A COMMON ANCESTOR……2. BASED ON GENERL RULE OF PRIORITY OR STATUTE OF DECENDET AND DISTRIBUTION

54
Q

EFFECTS OF FINAL DISPOSITION

A
  1. THE DECEDANT CAN REQUEST A SPECIFIC TYPE OF DISPOSITION IN A WLL 2. NAME AN EXECUTOR EXECUTRIX \OTHER THAN THE PERSON WITH THE PARAMOUNT RIGHT OF DISPOSITION..4. GIVING THE EXECUTOR/ EXECUTRIX PARAMOUNT RIGHT OF FINAL DISPOSITION
55
Q

ACT AS A (TRUSTEE)

A

ONE WHO HOLDS A POSITION OF TRUST TO A BENEFICIARY 2.FUNERAL ARRANGEMENTS,PERSON WHO HAS THE RIGHT TO CONTROL THE FUNERAL

56
Q

TRUSTEE

A

CONSIDERS THE WISHES ,DESIRES OF OTHER SURVIVIORS 2. BUT IS NOT LEGALLY OBLGATED TO DO SO..3. SURVIVORS DISPUTE 4. EFFECT OF DIVORCE,SEPARATION.,ESTRANGEMENTS 5. ALL MORE COMMON

57
Q

FUNERAL DIRECTORS SHOULD

A
  1. REMAIN NEUTRAL NO MATTER WHAT THE SITUATION 3. CONDUCT ARRANGMENT CONFERENCE IN A PROFESSIONAL ,DIGNIFIED MANNER.4. UTILIZE EFFECTIVE COMMUNICATION SKILLS
58
Q

ESTATE—-INSOLVENT ESTATE

A

UNABLE TO PAY DEBTS OF DECEDENT OR PAY BILLS OF THE ESTATE

59
Q

STATUS IN LIFE (COURTS) —

A

CONSIDERS WHEN DETERMINING REASONABLENESS OF CHARGES—1. STATION IN LIFE 2. LIFESTYLE 3. STANDARD OF LIVING 4. SOCIAL 5. ECONOMIC 6. RELIGIOUS

MORTUARY LAW (6 decks)

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