MORTUARY LAW TEST 1 Flashcards
LAW
RULES OF CIVIL CONDUCT COMMANDING WHAT IS RIGHT,PROHIBITING WHAT IS WRONG
MORTUARY LAW
BRANCHES OF LAW RELATES TO MATTERS CONCERNED WITH DISPOSAL OF THE DEAD
PROPERTY THEORY
LAWS BECOME MORE SECULAR OR NON RELIGOUS… BUT NOT ECCLESSIASTICAL OR CHURCH BASED
DEAD BODY WAS SEEN AS PROPERTY OF THE FAMILY MEMBER
NO LONGER AN ACCEPTED THEORY
MORTUARY OR FUNERAL LAW
RULES,PRINCIPLES THAT SOCIETY HAS ESTABLISHED FOR HANDLING ,DISPOSITION OF THE DEAD
MORTUARY LAW IS ALSO
FUNERAL SERVICE LAW, 2. MORTUARY JURISPRUDENCE 3.FUNERAL LAW
COMMON LAW
NON LEGISLATED PRINCIPLES,RULES OF ACTION PREDICATED UPON USAGE AND CUSTOMS–ROOTED IN ENGLISH AND COLONIAL LAW
DEATH
VARY FROM STATE TO STATE –BRAIN DEATH IS NEW LEGAL/MEDICAL DEFINITION
BRAIN DEATH
TOTAL IRREVERSIBLE CESSATION OF BRAIN FUNCTION ..AS INDICATED BY FLAT EEG. (READING)
EEG
ELECTROCEPHALOGRAM—MEASURES ELECTRICAL ACTIVITY OF THE BRAIN
BRAIN DEAD
INDIVIUAL WHO HAS SUSTAINED IRREVERSABLE CESSATION OF ALL FUNCTIONING PARTS OF THE BRAIN..INCLUDING THE BRAIN STEM
BODY PARTS
DEFINED BY UNIFORM ANATOMICAL GIFT ACT. UAGA————ORGANS,TISSUES,EYES,BONES,ARTERIES,BLOOD,FLUIDS,ANY OTHER PART OF A HUMAN BODY FOR TRANSPLANTATION
BODY PARTS
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.
,PROPERTY RIGHTS IN A DEAD HUMAN BODY
- NO PROPERTY THEORY,2.PROPERTY THEORY’3.QUASI PROPERTY THEORY
NO PROPERTY ECCLESIASTICAL THEORY
- 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
CURRENT THEORY (QUASI PROPERTY)
RIGHTS ARE NEXT OF KINS AND OR THE SPOUSE…AS IF THE BODY WERE PROPERTY FOR PURPOSE OF FINAL DISPOSITION ONLY
PROPERTY
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
QUASI PROPERTY THEORY
DEAD BODY IS QUASI PROPERTY OF SURVIVING FAMILY MEMBERS WITH THESE BUNDLE OF RIGHTS
What ARE THESE BUNDLE OF RIGHTS
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
COMMON LAW
NON LEGISLATED PRINCIPLES ,RULES OF ACTION PREDICATED UPON USAGE ,CUSTOMS..
- ROOTED IN ENGLISH COLONIAL LAW
- 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
CONSTITUTIONAL LAW
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.
STATUTORY LAW –STATUTES
LAW ENACTED BY A LEGISLATIVE BODY –EXAMPLE FED. GOV. STATE GOV.’STATE LEGISLATION
METHOD OF FINAL DISPOSITION
- BURIAL 2. ENTOMBMENT 3.CREMATION 4. BURIAL AT SEA 5. ANATOMICAL DONATION
EXAMPLES OF POLICE POWER
LICENSE REQUIREMENTS 2.HEALTH STANDARDS 6. BUSINESSOPERATIONS
BURIAL
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
ENTOMBMENT
PLACEMENT OF CASKETED REMAINS IN MAUSOLEUM 2. CRYPT - BUILDING DEDICATED FOR THIS PURPOSE 3. INDIVIDUAL OR FAMILY STRUCTURES
POLICE POWER
INHERENT POWER OF EVERY GOVERNMENT TO MAKE REASONABLE LAWS TO PROTECT SAFETY
CREMATION
- LEGAL IF CREMATORY IS PROPERLY LICENSED 2. COMPLIANCE WITH STATE ,LOCAL LAWS 3. DUE DILLIGENCE ( 3RD PARTY CREMATORIES)
CREMATION.
NOT A METHOD OF DISPOSITION 2. BUT A STEP IN A MODE OF FINAL DISPOSITION.
CANA
DOES TRAINING FOR CREMATION CERTIFICATE
DISPOSITION OF CREMAINS
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
SCATTERING –CEMETARY ….. SCATTERING GARDEN. 3. CEMETARY
OPEN SEA 2. 3 NUATICAL MILES 6080 REPORTED TO ENVIRONMENTAL –EPA
DEATH AND BURIAL AT SEA
PROVIDED UNDER MARITME LAW 2. PROTECTS HEALTH AND SAFETY OF CREW AND PASSENGERS
BURIAL AT SEA
BURIAL ABOARD A SHIP AT SEA 2. 3 NAUTICAL MILES FROM SHORELINE
BURIAL AT SEA
- 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
BURIAL AT SEA
REMAINS MUST SINK RAPIDLY AND PERMANENTLY TO OCEAN FLOOR. 2. NOTIFY EPA
ANATOMICAL DONATION –(CADAVER)
DEAD HUMAN BODY SOLELY FOR SCIENTIFIC STUDY AND DISSECTION
NEXT OF KIN
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
MOST FUNERAL HOMES
WILL BE OK WITH THE SIGNATURE OF ONE SIBLING FOR CREAMATION.
NEXT OF KIN
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
PRIMARY DUTY OF FINAL POSITION
- WILL REST WITH THE SPOUSE OR NEXT OF KIN….2. THE DUTY OF BURIAL , RESTS WITH THE SPOUSE,NEXT OF KIN.
2NDRY DUTY OF FINAL DISPOSITION
- FALLS UPON PUBLIC AUTHORITIES 2.STATE AND OTHER GOVERNMENTAL AUTHORITY
- RIGHT TO CONTROL FINAL DISPOSITION 2. RIGHT
- 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
PRIMARY RIGHT OF FINAL DISPOSITION
- WISHES OF DECEDENT 2. SURVIVING SPOUSE 3. NEXT OF KIN 4. PERSONAL REPRESENTATIVE 5. GUARDIAN 6. VOLUNTEER 7. FUNERAL DIRECTOR.
PRIMARY RIGHT OF FINAL DISPOSITION
- WISHES OF DECEDANT 2. PRE-NEED 3. WILL 4. OTHER DOCUMENT OR DECLARATION..WRITTEN OR ORALLY.
1.- MAKING FINANCIAL FUNERAL ARRANGEMENTS IN ADVANCE WITH NO PAYMENT
- PREPLANNED
PREFUNDED
- MAKING FUNERAL ARRANGEMENTS IN ADVANCE …WITH PAYMENT
- WILL
INSTRUMENT EXECUTED WITH REQUIRED FORMALITY BY A PERSON MAKING DISPOSITION OF THEIR PROPERTY TO TAKE EFFECT UPON THEIR DEATH
- OTHER DOCUMENTS OF DECLARATION
- WRITTEN INSTRUMENTS 2. ORAL INSTRUCTIONS
- IMPORTANT FACTORS
- 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
- PRIMARY RIGHT OF FINAL DISPOSITION
- SURVIVING SPOUSE..WIDOW..WIDOWER
- NEXT OF KIN—2. KIN
- PARENTS 2. CHILDREN
DEGREE OF KINDRED
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
EFFECTS OF FINAL DISPOSITION
- 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
ACT AS A (TRUSTEE)
ONE WHO HOLDS A POSITION OF TRUST TO A BENEFICIARY 2.FUNERAL ARRANGEMENTS,PERSON WHO HAS THE RIGHT TO CONTROL THE FUNERAL
TRUSTEE
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
FUNERAL DIRECTORS SHOULD
- REMAIN NEUTRAL NO MATTER WHAT THE SITUATION 3. CONDUCT ARRANGMENT CONFERENCE IN A PROFESSIONAL ,DIGNIFIED MANNER.4. UTILIZE EFFECTIVE COMMUNICATION SKILLS
ESTATE—-INSOLVENT ESTATE
UNABLE TO PAY DEBTS OF DECEDENT OR PAY BILLS OF THE ESTATE
STATUS IN LIFE (COURTS) —
CONSIDERS WHEN DETERMINING REASONABLENESS OF CHARGES—1. STATION IN LIFE 2. LIFESTYLE 3. STANDARD OF LIVING 4. SOCIAL 5. ECONOMIC 6. RELIGIOUS
