final exam Flashcards
(105 cards)
1
Q
civil conduct commanding what is right and prohibiting what is wrong is the definition of ___
A
law
2
Q
non legislated principles and rules of action predicted upon usage and customs defines ___
A
common law
3
Q
name 2 administrative agencies that pass regulations related to funeral service
A
OSHA and FTC
4
Q
reliance on the authority of established laws would define ___
A
stare decisis
5
Q
4 sources of mortuary law
A
case law, common law, constitutional law, administrative law
6
Q
this is a body of a human being, deprived of life, not not yet entirely disintegrated ___
A
corpse
7
Q
what is not a condition to be “legally” a dead body
A
have a will at death
8
Q
which organ primarily defines death
A
brain
9
Q
whats one reason for the necessity of disposition
A
public health
10
Q
who has the primary right of disposition
A
next of kin
11
Q
who has the primary duty of disposition
A
funeral director
12
Q
who (what body of people) would typically pass an ordinance
A
county level and below (ex. township)
13
Q
what is police power and how does it relate to funeral service
A
- the power of a government to govern the people by making laws for the better/well being of them
- regulates/put standards in place for safety
14
Q
2 constitutions we follow
A
- state (IL)
- federal
15
Q
if a governor were to create a new law they set a ___ because this haw had never been created before
A
precedent
16
Q
what is the current property theory for a dead human body
A
quasi property theory
17
Q
the dead human body is property for ___ purposes only
A
disposition
18
Q
why is cremation not considered a form of final disposition
A
the cremating of the body itself isn’t the final disposition its whats done with them afterward like how they’re scattered
19
Q
“I want the best for mom” is what type of contract
A
implied
20
Q
duties of the funeral director arise from 2 sources
A
- statutes
- contracts
21
Q
if someone doesn’t want to take responsibility for funeral arrangements they should sign a ___ saying they would like to relinquish their right to do so
A
waiver
22
Q
who makes laws related to funerals
A
legislature
23
Q
what is a statute and who creates them
A
laws made on the state or federal
24
Q
what is one permit, under statutory law, that a funeral director is required to file
A
burial permit
25
if you left the funeral home unattended and unlocked and a pervert molested a dead body at your establishment, you would be guilty of what
failure to safeguard the body
26
you are breaking the contract for ___ if you fail to keep the confidentiality of the arrangements
privacy
27
what contractual obligation should you insure against, similar to malpractice
aftercare counseling
28
this is a violation of duties with resulting damages ___
tort
29
if you wrongfully withhold a body (a tort offense), what are you doing
holding the body for collateral
30
if you switch a body, inter the wrong body, or misplace a body, you are committing what tort
loss of body
31
this is considered slight and necessary mutilation related to funeral service
embalming
32
when, as a funeral director, would you be liable for an unauthorized autopsy
if you assist in the actual autopsy
33
why is there a high degree of care for funeral homes in regards to injury to invitees
the people in attendance are usually in a higher emotional state
34
for mental anguish, there has been a shift from physical injury to ___ to constitute an infliction of mental anguish
physical impact
35
if you wrongfully, outrageous, reckless, and maliciously inflict mental distress, you would probably be guilty of what
intentional infliction
36
what are punitive damages awarded for
punishment
37
who or what is considered the primary obligor
the estate
38
when is the state responsible for someones funeral expenses
when no. one takes responsibility for the arrangements/no one is willing to pay
39
when you as a funeral director drop a body off at a crematory, you have ___ possession after you leave and the crematory has ___ possession
constructive then actual
40
what is the significance of the healthcare power of attorney, compared to other power of attorneys
their rights go on after death and take priority over next of kin
41
what is the difference between negligent and intentional infliction of mental distress
- negligent is something accidental/didn't mean for it to happen like if the casket breaks and the deceased falls out
- intentional infliction through is on purpose and usually so outrageous like if a funeral director is just awful to the family knowingly
42
any oral contract should be changed to ___ when eventually meeting with the family
written contract
43
under the general rule of priority who is the person responsible for disposition of a deceased person
next of kin - usually the spouse
44
why would a funeral director ultimately be responsible if a body is not disposed of in a timely manner
by state law its a funeral directors duty to dispose of the body in a timely manner
45
what is a quasi contract and an example
- when someone isn't there to make the wishes expressly known for the creation of a contract
- when an ambulance takes you in an emergency situation
46
5 types of disposition
- interment
- entombment
- water burial
- natural organic reduction
- cremation
47
how far out must you bury at sea or scatter remains
3 nautical miles
48
who regulates anatomical donation of bodies and body parts
anatomical gift associations (UAGA)
49
if someone said when they were 20 they wanted to be cremated, but at 60 to be composted, which would be considered to hold the most weight for disposition and why
the decision at 60 to be composted would be chosen because it was closer to death, and so it holds more weight
50
if there is an argument within a family about disposition, what should you do
let it go to court
51
if no one else will take responsibility for a dead body's disposition what happens
left to the state t decide how disposition happens
52
when duties to the family and the state are broken, the funeral home can face penalties form ___ (criminal) and from the ___ (civil)
state and family
53
what would you do to protect yourself legally if a casket breaks on the way to the cemetery
tell the family, maybe offer to pay or exchange for it
54
what common carrier will ship cremated remains
USPS
55
what makes a will valid in IL
- intent
- knowledge of your assets
- singed by testator, witnessed
- of legal age
56
how long is the probate process and who has control over the process
- 6 months or more
- probate court and the executor/administrator control the process
57
2 things that do not have to be sent through the probate process that can be paid immediately
life insurance policies and annuities
58
what is an executor vs an administrator
- they carry out the probate process
- executor is when there is a will
- administrator is when there is not a will
59
when does a durable power of attorney become effective
when the principal becomes incapacitated and continues on even if the person recovers or not
60
what is meant by informed consent as it relates to cremation
the procedure of cremation is written in detail in the contract so the family is informed when signing documentation for cremation they're agreeing to
61
what is meant by irreparable nature of cremation
is is irreversible/ cannot be undone
62
what is meant by authorizing agent in relation to cremation
the person that approves/signs documentation, usually the spouse/next of kin
63
2 reasons cremation is increasing in the US
- rise in approval for it
- increase in general education of the people
64
what is the value of identification for the funeral home and the family of a cremation body
- for the funeral home it is to prevent cremating the wrong body
- for the family it is to start the grieving process/bring closure
65
why is the statement "some commingling is possible" written into the authorization form for cremation
because its very likely not every single particle of the previous person cremated was removed so a small % might be mixed in with others
66
why are pacemakers and defibrillators removed before cremation
they will blow up in the crematory and cause it potential damage
67
name one wrong doing related to cremation
commingling remains - like cremating more than 1 person
68
how would you investigate a 3rd part crematory you were thinking of using
ask for all their records, have a meeting with the owners of it, and do an unannounced investigation of the facility
69
if you die without a will it is considered
intestate
70
what type of will does not have to be witnessed
holographic
71
explain cremation as if you would to a family
the reduction of the body down to simpler elements by heat
72
what 2 things constitute an estate
real estate and personal property
73
what are two types of non traditional will
- nuncupative = oral will witnessed and later written down
- holographic = written will, signed, doesn't have to be witnessed
74
who would actually write a will
testator
75
who interprets case law
judges in court
76
if you die with no assets to your estate it is considered
insolvent
77
under the per capita method of inheritance distribution, if there were 3 children and $100,000 in the estate, how much would each get
an equal amount so ... $33,333.33~
78
what do you do with cremated remains that aren't picked up
hold onto them for the set amount of time (60 days) then they can be scattered or just kept just incase
79
who would be responsible if a body was lost at a crematory
the crematory and the funeral home - they both had possession of the body technically (actual and constructive)
80
disinterment can be requested for what 2 general reasons
public and private reasons
81
what reason would a governmental body disinter
if new infrastructure were being put in like a road
82
an invasion of a landowners interest in the reasonable use and enjoyment of their land defines
nuisance
83
what is the key factor in determining if something is a nuisance in fact
location
84
location of a funeral home is dictated by who or what
zoning - at the count level etc
85
a funeral home is not considered a nuisance __ ___
per se
86
a funeral can become a nuisance ___ ___ in certain circumstances
in fact
87
why is there a higher standard for an insurance company wanting to disinter someone as compared to a homicide investigation
because there is money involved
88
of the 2 types of nuisances how would you classify a crack house vs a slaughter house
- crack house = per se
- slaughter house = in fact
89
what do you do with cremated remains that won't fit in the urn
place them into another to give to the family - they should be aware of this possibility
90
if you say you wanted the most expensive casket and vault, what type of contract would that be
express
91
what is the first bill that gets paid our of an estate
the funeral bill is paid first
92
what is the unique case where the funeral bill doesn't get paid first
if the deceased has a loan at a bank where they also keep savings/assets
93
what is a codicil to a will
type of amendment where someone/something is added to it
94
what is a living will
making known what your medical wishes are while capable
95
what is escheat
when someone dies and has no heirs to give their assets so the government takes it
96
what are the 2 types of taxes that are paid when someone dies
death tax and income tax
97
why would someone have a general power of attorney
to do something general - like giving someone the power to buy real estate for you
98
when does a springing power of attorney take effect
when a triggering event takes place like when the principal reaches a certain age or a calendar date comes up
99
who and what determines where a funeral home can be built
county board
100
who would you make your healthcare power of attorney
someone you could trust to carry out your wishes - like a spouse or unbiased family member
101
what type of court would see a probate case
probate court
102
to avoid the probate process, you should put all your assets in what
a trust
103
whats an example of imminent domain at work for disinterment
if the government wanted to buy the land and put some buildings on it etc
104
why is disinterment not a matter of right
because its generally frowned upon to dig people up from their final resting place
105
what is the difference between internment and interment
- interment is burying someone in the ground
- internment is being put in a prison camp
