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PIMS - funeral service law > week 1 > Flashcards

week 1 Flashcards

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1
Q

those rules of conduct commanding what is right and prohibiting what is wrong.
-comes from government

A

law

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2
Q

where does the law come from? (6)

A
  1. constitution
  2. statutes
  3. case law
  4. ordinances
  5. rules and regulations
  6. police power
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3
Q

the fundament law that establishes the government; limits what government can and cannot do and states the underlying principles to which the government will conform

A

constitution

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4
Q

a law enacted by a legislative body

A

statutes

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5
Q

appellate court decisions based on custom and usage and prior decisions

A

case law

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6
Q

a law passed by a local municipal governing body (zoning, building, safety, etc)

A

ordinances

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7
Q

laws created by an administrative agency within its jurisdiction

A

rules and regulations

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8
Q

the inherent power of a government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens

A

police power

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9
Q

how do appellate courts make case law?

A
  1. stare decisis
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10
Q

a policy of courts to stand by a decision and apply it to future cases where the facts are substantially the same

A

stare decisis

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11
Q

What are some “branches” of law? (3)

A
  1. administrative law
  2. contract
  3. funeral service law (law, jurisprudence)
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12
Q

the rules and regs created by federal and state admin agencies (osha, etc, state boards)

A

admin law

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13
Q

a governmental body created by legislation empowered to make and enforce rules and regs

A

admin agency

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14
Q

a legally enforceable agreement

A

contract

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15
Q

the branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors, embalmers, and funeral establishments

A

funeral service law

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16
Q

death and the dead body (5)

A
  1. death
  2. brain death
  3. corpse
  4. cadaver
  5. quasi property
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17
Q

the cessation of life; the permanent cessations of all vital functions and signs

A

death

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18
Q

total and irreversible cessation of brain functions as indicated by a flat EEG reading

A

brain death

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19
Q

the body of a dead human being, deprived of life, but not yet entirely disintegrated

A

corpse

20
Q

a dead human body intended solely for scientific study and dissection

A

cadaver

21
Q

the accepted theory of the legal status of a dead human body; rights associated with the body are as if it were property for the purpose of disposition only

A

quasi property

22
Q

possession of the dead body (4)

A
  1. funeral director
  2. custodian
  3. actual custody
  4. constructive custody
23
Q

status associated with funeral director and funeral establishment who becomes legal protector of the dead human body from the time of removal until final disposition

A

custodian

24
Q

the physical possession of the dead human body or other property

A

actual custody

25
Q

the situation whereby one party has a right to acquire actual custody and possession of the dead body, although another party has actual physical possession

A

constructive custody

26
Q

who has the right of final disposition of the dead body (5)

A
  1. kin
  2. degree of kindred
  3. estrangement
  4. will
  5. guardianship
27
Q

ones relatives collectively; referring to blood relationship

A

Kin

28
Q

relationship of decedent to blood relatives

-table of consanguinity

A

degree of kindred

29
Q

the physical and/or emotional separation for a period of time showing the lack of affection, trust, and regard

A

estrangement

30
Q

an instrument executed with required formality, by persons making disposition of their property to take effect upon their death

A

will

31
Q

person appointed by the court administer the affairs of another person who is incompetent by virtue of age or legal disability

A

guardianship

32
Q

kinds of funeral arrangements (2)

A
  1. pre-planned funeral arrangement

2. pretended funeral arrangements

33
Q

funeral arrangments made in advance of need that do not include provisions for funding or prepayment

A

pre-planned funeral arrangements

34
Q

funeral arrangements made in advance of need that include provisions for funding or prepayment

A

Preneed funeral arrangements

35
Q

obligations/debts of decedent (5)

A
  1. liability
  2. priority
  3. preferred claim
  4. secured claim
  5. unsecured claim
36
Q

responsibility for actions and/or other debts; the quality or state of being legally obligated or accountable

A

liability

37
Q

the order in which claims will be paid when there are insufficient assets to pay all of the claims, or the order in which certain classes of people have the right to make decisions concerning the disposition of the dead body

A

priority

38
Q
  1. a claim which is accorded a priority, advantage or privilege
  2. a debt which is supported by a pledge, mortgage, or lien on assets belonging to the debtor
  3. unsecured claim
A
  1. preferred claim
  2. secured claim
  3. unsecured claim
39
Q

miscellaneous obligations

A
  1. quasi contracts

- quasi means “similar too”

40
Q

traditional “signs” ; no respiration, no breathing, no pulse or circulation of blood

A

clinical death

41
Q

total and irreversible of cessation of brain function and activity as indicated by a flat eeg reading

A

modern view ; brain death

42
Q

requirements of dead human body (3)

A
  1. corpse or dead HUMAN body
  2. deprived of life
  3. not entirely disintegrated
    - skeletons and remains that are simply “dust” are not considered a dead human body
43
Q

property rights in dead human bodies (2)

A
  1. historical background
    - no property; ecclesiastical
    - property theory
  2. modern-current view
    - quasi property
    - not ownership
    - responsibility decent and proper final disposition
    - includes care, disposal, transportation, burial cremation or embalming and any associated measures
44
Q

final disposition developed based on (4)

A
  1. standards of care established by the funeral service profession
  2. community standards and values, morals, ethics, rites, and customs
  3. accounting for the wishes of the decedent, survivors and public interests
  4. statutes and ordinances
45
Q

decent and proper; or not? (

A

PIMS - funeral service law (7 decks)

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