Test 1 Flashcards
Quasi contracts are implied contracts not imposed by law. (T/F)
False
Under which theory was the dead human body exclusively within the control of the church?
Property theory
The body of a human being is considered quasi property. (T/F)
True
Which of the following has the paramount right to arrange for disposition?
- Son
- Spouse
- Executor
- Church
Spouse
Which document is necessary to obtain a permit for cremation?
Completed death certificate
Exhumation is synonymous with the term:
Disinterment
The surviving spouse has paramount right and duty of disposal. (T/F)
True
Unauthorized embalming may be viewed by the courts as which type of violation:
Mutilation
Automotive equipment made available for hire is referred to as:
Livery
This type of law tries to get out of problems after they arise:
Remedial
A breach of duty of the care one individual has toward others is called:
Tort
When the duty of care that a motorist owes other motorists and pedestrians is breached and results in injury or damage to another, what has been committed?
Tort
A father is liable for expenses of his:
Minor dependents
Who would have the right to authorize cremation for David, age 10? His parents are divorced and the mother has custody and is the legal guardian.
The mother
A contract to commit a crime is a void contract. (T/F)
True
The exhumation of a dead human body is accomplished by court order through the:
- Coroner
* Presiding judge
Real property is land and anything attached to it. (T/F)
True
Anatomical gifts may be made by:
- The individual
- A surviving spouse
- The next of kin
A judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age or legal disability:
Guardian
Which are sources of mortuary law?
- Constitution
- Statutes
- Case law
- Common law
The most common type of disposition in the United States is:
Burial
The primary right and duty of disposal belongs to the next of kin, or, if surviving, the spouse. (T/F)
True
Customs which have to be recognized by the courts as law describes:
Common law
If the primary right and duty of disposal is in question, the funeral director should:
Hold the body until the proper authorities release the remains and / or authorize the final disposition
The branch of law that relates to matters concerned with the disposition of the dead:
Mortuary law
Literally it means, “Let the decision stand”:
Stare decises
When the physical possession of a dead body lies with a funeral director but a certain other funeral director has control of the ultimate disposition, the first director mentioned has:
Actual custody
“I promise to pay” would appear on which type of contract:
Express
The funeral director may be held liable for which driver if he holds such vehicle out as his own and are under his control?
- Volunteer driver
- Livery driver
- Employee
- Agent
All of the above
Which of the following is an act of final disposition of cremated human remains?
- Scattering
- Placing them in a niche in a columbarium
- Inurnment
- Burial
All of the above
An appointed governmental body charged with implementing particular legislation:
Administrative agency
The correct term for a dead body that has been donated to medical science is:
Cadaver
Defined as organs, tissues, eyes, bones, arteries, blood, or other fluids and any other portion of the human body for transplantation:
Body part
The embalming of a body is required by law in all cases. (T/F)
False
Which of the following does not meet the conditions or criteria of a dead body?
- The bones of a skeleton
- Must be human
- Is not entirely disintegrated
- Must be without life
- None of the above
The bones of a skeleton
Which of the following survivors would have the right to authorize cremation for Mary, age 60?
- Mary’s grandchildren
- Mary’s mother
- Mary’s sister
- Mary’s adult children
Mary’s adult children
A law enacted by a state or federal legislative body:
Statute
A dead human body, legally, means the body of a human being, deprived of life, but not yet entirely disintegrated. (T/F)
True
A wholly dismembered body is not considered a body by law. (T/F)
True
A funeral director has no liability for which drivers in the funeral procession:
A volunteer driving his own vehicle and not under the direction of the funeral director.
The physical possession of the dead human body:
Actual custody
The term “dead body” is synonymous for the term “corpse” (T/F)
True
If the body is at the hospital or mortuary, the custody of the next of kin is said to be:
Constructive
Which of the following would be the nearest next-of-kin to a woman whose husband is deceased?
- Granddaughter
- Mother
- Aunt
- Niece by marriage
- Brother
Mother
The legal status of a body in our current society is explained by:
Quasi property
A law permitting a person to give all or a part of his / her body to take effect upon death:
Uniform Anatomical Gift Act
An action to recover possession of personal property:
Replevin
Which is the best way to dispose of unclaimed cremated remains?
Store the remains indefinitely if necessary
The laws of city councils are called:
Ordinances
