MORTUARY LAW TEST 2

Question 1

COMMON LAW

Answer 1

DETERMINES WHO HAS LIABILITY TO PAY FUNERAL BILL–SPOUSE–PARENTS–DEPENDANT KIDS—PARENTS NOT LIABLE FOR KIDS MINOR BILLS— PAGE 39

Question 2

VOLUNTEER

Answer 2

INDIVIDUAL WHO VOLUNTEER TO PAY FUNERAL BILLS

Question 3

WHO PAYS–

Answer 3

STATE OR COUNTY GOV. WHO PAY THE FUNERAL BILL

Question 4

TORT ARE

Answer 4

INDIVIDUAL LAWS—WRONGFUL ACT COMMITTED BY ONE PERSON AGAINST ANOTHER PERSON AND OR THEIR PROPERTY

Question 5

TORTS ALSO ARE

Answer 5

INVASION OF RIGHTS–OBSTRUCTION OF FUNERAL ARRANGEMENTS–MUTILATION—WRONGFUL WITHHOLDING

Question 6

WRONGFUL WITHHOLDING

Answer 6

OBSTRUCTION OF FUNERAL ARRANGEMENTS

Question 7

2 DUTIES GIVEN BY LAW THAT IMPACT FUNERAL DIRECTOR

Answer 7

1. NOT TO INTERFERE WITH RIGHT OF BURIAL 2. CARE IN KEEPING THE FUNERAL HOME PRENISE IN A REASONABLY SAFE CONDITION

Question 8

INVASION OF RIGHTS INCLUDE–»»»»>

Answer 8

UNAUTHORIZED EMBALMING–VARIES FROM STATE TO STATE— TEXAS DOES NOT REQUIRE EMBALMING

Question 9

> > > > > > > UNAUTHORIZED PHOTOS OF DECEASED

Answer 9

BURIAL IN ABSENCE OF NEXT OF KIN– RIGHT TO PRIVACY ..CONFIDENTIALITY–FAILURE TO COMPLY WITH WISHES OF FAMILY

Question 10

LOUISIANA REQUIRES»»>

Answer 10

HAVE TO BE EMBALMED IF COMING THEIR FROM ANOTHER STATE

Question 11

WITHIN 3 DAYS HAVE TO GET

Answer 11

PERMISSION TO EMBALM

Question 12

FTC–FUNERAL RULES SAYS

Answer 12

EMBALMNG IS NOT REQUIRED BY LAW EXCEPT IN CERTIAN CASES–2.EMBALMING MAY BE NECCESSARY,HOWEVER IF U SELECT A CERTAIN FUNERAL,,,ARRANGEMENTS SUCH AS A FUNERAL WITH VIEWING

Question 13

FTC RULE– SAYS ALSO

Answer 13

IF U DONT WANT EMBALMING U HAVE THE RIGHT TO CHOOSE AN ARRANGEMENT WHICH DOES NOT REQUIRE U TO PAY FOR EMBALMING,LIKE DIRECT CREMATION OR IMMEDIATE BURIAL

Question 14

EMBALMING»

Answer 14

ALWAYS REQUIRES WRITTTEN PERMISSION TO EMBALM-OVER THE PHONE HAVE THE FAMILY SIGN–DOCUMANT WITHIN 3 HOURS WITHOUT PERMISSION…AS LONG AS U DONT HAVE REFRIGERATION–MUST BE THE INDIVIUAL AUTHORIZED—-

Question 15

INVASION OF RIGHTS

Answer 15

> > > > > NOUNAUTHORIZED PHOTOS OF THE DECEASED&raquo_space;»>

Question 16

INVASION OF RIGHTS»»>

Answer 16

FAILURE TO COMPLY WITH WISHES OF THE PARTY RIGHT TO CONTROL THE FUNERAL ( KNOW WHO IS IN CHARGE)

Question 17

OBSTRUCTION OF FUNERAL ARRANGEMENTS

Answer 17

1. HOSPITAL OR INSTITUTION 2.WRONGFULULLY HOLDING REFUSING TO RELEASE REMAINS OF DECEASED BEYOND THE TIME NECCESARY TO COMPLETE AN AUTOPSY OR PAPERWORK… 3..PUBLIC OFFICIALS4. NOT RELEASING ABODY IN A REASONABLE PERIOD OF TIME WHEN THE BODY IS HELD FOR FORENSIC OR LRGAL PURPOSES 5.REGARDING QUESTIONABLE DEATHS OR CERTAIN MODES OF DEATH ) SUCH AS MURDER OR SUICIDE..6. BY THE FUNERAL DIRECTOR—FAILURE TO PROCEDD WITH SELECTED FUNERAL ARRANGEMENTS—-ESPECIALLY DUE TO NONN PAYMENT OF THE FUNERAL BILL

Question 18

MUTILATION

Answer 18

ALTERING OF AN OBJECT OR DEAD HUMAN BODY FROM ITS ORIGINAL CONDITION——BASED ON EMBALMING IS A FORM OF MUTILATION—–DUE TO THE FACT THAT IT ALTERS THE DEAD HUMAN BODY FROM ITS ORIGINAL CONDITION

Question 19

UNAUTHORIZED EMBALMING

Answer 19

ALWAYS OBTAIN EXPRESS WRITTEN AUTHORIZATION TO EMBALM THE BODY

Question 20

IF U DONT HAVE REFRIGERATION

Answer 20

DOCUMANT THAT U HAVE TRIED AND CONTINUED TO GET IN TOUCH WITH THE FAMILY FOR 3 HOURS

Question 21

MUTILATION

Answer 21

RIGHT OF POROCESSING IMPLIES RECIEVING THE BODY IN THE SAME CONDITION AS AT THE TIME OF DEATH—UNTIL PERMISSION TO EMBALM IS GIVEN

Question 22

MUTILATION

Answer 22

UNATHORIZED RMOVAL OF USTACHE,BEARD–INCLUDES MALE OR FEMALES— ALWAYS GET WRITTEN PERMISSION

Question 23

MUTILATION

Answer 23

NO REMOVAL OF TISSUE,ORGANS OR MEDICAL DEVICES—–INCLUDES INVASIVE REAATORATIVE ART PROCEDURES—-BEYOND NORMAL RESTORAITVE ART PROCESSES–(COSMETIZING ,MINOR TISSUE BUILDING )

Question 24

MUTILATION

Answer 24

PERFORMING PROCEDURES OTHER THAN THOSE REQUIRED FOR NORMAL EMBALMING

Question 25

EXCEPTIONS TO UNAUTHORIZED AUTOPSY–

Answer 25

1. RIGHT OF PUBLIC OFFICIAL OR HEALTH OFFICERS–2. CORONER 3. MEDICAL EXAMINER 4. JUSTICE OF THE PEACE

Question 26

OTHER TORTS..»»

Answer 26

1.RELATED TO CONTRACTURAL OBLIGATIONS—BETWEEN FUNERAL DIRECTOR AND FAMILY–3. FUNERAL CONTRACT IMPOSES EXPRESSED ,IMPLIED DUTIES ON FUNERAL DIRECTOR–MAY INVOLVE NEGLIGENCE–

Question 27

NEGLIGENCE ….»»»»»>

Answer 27

FAILURE TO EXCERCISE ORDINARY CARE–LACK OF DUE CARE—-ACT OF OMMISSION—-ACT OF COMMISSION—NOT DOING WHAT A REASONABLE PERSON WOULD DO……

Question 28

OMMISSION»»»>

Answer 28

FAILURE TO DOING SOMETHING WHICH A REASONABLE PRUDENT PERSON WOULD DO UNDER ORDINARY CIRCUMSTANCES–»»>

Question 29

COMMISSION..»»>

Answer 29

DOING SOMETHING–WHICH A REASONABLE PRUDENT PERSON WOULD NOT DO UNDER ORDINARY CIRCUMSTANCES

Question 30

TYPES OF NEGLIGENT ACTS …»»>

Answer 30

1. NEGLIGENT EMBALMING 2 .INADEQUATE DISINFECTION-PRESERVATION ,RESTORATION–..3. EARLY DECOMPOSITION 4. ESPECIALLY WHEN SHIPPING REMAINS—

Question 31

> > ..NEGLIGENT FUNERAL DIRECTING

Answer 31

1. NOT MAINTAINING BODY IN SUITABLE CONDITION PENDING FINAL DISPOSITION LIKE NOT EMBALMING OR REFRIGERATING—- 2. NOT HONORING FAMILY REQUEST 3. IMPROPERLY SUPERVISING CEMETARY BURIAL