exam 1 Flashcards
(34 cards)
civil conduct commanding what is right and prohibiting what is wrong is the definition of ___
law
non legislated principles and rules of action predicted upon usage and customs defines ___
common law
what are the 6 sources of mortuary law
- common law
- case law
- constitutional law
- administrative law
- contract law
- legislative
reliance on the authority of established laws (not case law) would define ___. when a judge follows a previously determined case in a current, similar case
stare decisis
2 administrative agencies that would have influence over the funeral profession
FTC and OSHA
describe what police power is and how it relates to funeral service
power of a government to govern the people by making laws for the well being of everyone
what are 2 constitutions we follow
state (IL) and federal
what government body would create an ordinance
county, township, municipality, etc
when the governor of IL signed the new law based on a previous case, he set a ___ because this law had never been created before
precedent
what organ do we now consider to be the legal definition of dead when it no longer is functioning
brain
what is the current property theory for a dead human body
quasi property theory
what are the reasons for necessity of disposition
public health, moral reasons, religious reasons
the dead human body is property for ___ purposes only
disposition
why is cremation not considered a form of final disposition
cremating the body itself is not technically final disposition its whats done with the cremains afterward like how they’re scattered
what 3 things must be met to be called a corpse
- a human body
- completely dead
- not entirely disintegrated
“i want the best for mom” is what type of contract
implied
duties of the funeral directors arise from 2 sources…
statutes and contracts
if the estranged spouse (next of kin) doesn’t want to take responsibility for funeral arrangements and expenses, you as a funeral director should have them sign what to relinquish their rights
waiver
who would make laws related to funerals
legislature
what is a statute and who creates them
laws made by state or federal congress
what should you do if the casket breaks before/during funeral
tell the family, never lie, offer to exchange the casket, pay for it
if someone said at 20 they wanted to be cremated but at 70 they say they want to use natural organic reduction which decision holds more weight
the one closer to death, it holds more death
who regulates anatomical donation
anatomical gift association
What is a quasi contract
when family/anyone isn’t present or wishes aren’t known
- like with an ambulance
