Lesson 1 and 2 for Exam 1 Intro, Dead Human Body, Obligations of Final Disposition; Duty and Right of Disposition, Liability for Funeral Expenses

Question 1

rules of civil conduct commanding what is right and prohibiting what is wrong

Answer 1

law

Question 2

rules and principles society has established for handling and disposition of dead

Answer 2

mortuary law

Question 3

pyramid of law

Answer 3

common, constitutional, statutory, police power, administrative, ordinances, case, stare decisis

Question 4

nonlegislated principles and rules of action predicted upon usage and customs

Answer 4

common law

Question 5

written document containing fundamental principles of goverment detailing the poweres and duties of government

Answer 5

consititutional law

Question 6

particular law enacted by a legislative body

Answer 6

statutory law

Question 7

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

Answer 7

police power

Question 8

body of law created by federal and state administrative agencies to implement their powers and duties in forms of rules, regulations, orders and decisions

Answer 8

administrative law

Question 9

appointed by government body charged with implementing particular legislation and have rule making authority

Answer 9

administrative agency

Question 10

law passed by a municipal governing body

Answer 10

ordinances

Question 11

municipal laws pertaining to zoning, building codes, safety codes

Answer 11

ordinances

Question 12

court decisions that establish precedent principles; determines the “constitutionality” of a statute, rule, or regulation

Answer 12

case law

Question 13

when a issue is resolved by a court; establishes a “precedent/principle’; controls future court decisions; “like cases decided in like manner”

Answer 13

doctrine of stare decisis

Question 14

principle regulators of funeral service profession based on states “police power’; delegated to an administrative agency

Answer 14

state laws and regulations

Question 15

mortuary laws often dictated by court decisions; doctrine of stare decisis

Answer 15

case law and stare decisis

Question 16

applied to matters related to mortuary law: property rights in a dead human body, liability for payment of expenses, general fule of decent with regard to rights and duty of disposition-starts with decedent, spouse, adult children, parents, decedents siblings, NOK

Answer 16

common law

Question 17

federal laws

Answer 17

FTC; OSHA; ADA; federal wage and hour

Question 18

body of human being (identified/unidentified) deprived of life; not yet entirely disintegrated

Answer 18

dead human body

Question 19

state of complete and irreversible cessation of metabolic processes

Answer 19

death

Question 20

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

Answer 20

brain dead

Question 21

defined by uniform anatomical gift act as organs, tissues, eyes, bones, arteries, blood, other fluids, and any other portion of a body for transplantation

Answer 21

body parts

Question 22

based on early english law; dead body within exclusive control of church; no individual had property rights in a dead human body; body was property to no one

Answer 22

no property theory (ecclesiastical theory)

Question 23

body was seen as “property’ of surviving family members; no longer accepted theory

Answer 23

property theory

Question 24

rights associated with the body as it were “property” for hte purpose of final disposition only; rights are the spouse and NOK; current theory

Answer 24

quasi property theory

Question 25

right to take body for purposes of final dispostion; allow body parts to be used within cofines of the law; exclude others from possessionof body; dispose of body

Answer 25

bundle of rights

Question 26

requires proper dispostion of a body; promote and protect public health, public morality for a decent burial

Answer 26

police power

Question 27

mausoleum; crypt; building dedicated for this purpose; individual/family structures

Answer 27

entombment

Question 28

not technically a method of disposition but a step in a mode of final disposition

Answer 28

cremation

Question 29

disposition of cremated remains

Answer 29

inurnment, in niche in columbarium, buried in cemetery, scattering

Question 30

3 nautical miles from shoreline; body weighed, placed in shroud or weighed casket with holes (20) drilled in casket shell; banded (5 times) to prevent from opening; remains must sink rapidly and permanently

Answer 30

burial at sea

Question 31

body intended solely for scientific study and dissection

Answer 31

cadaver

Question 32

laws permitting a person of legal age, soundmind, to donate all or any part of his or her body. takes effect immediately after death; gives rights to another

Answer 32

uniform anatomical gift act UAGA

Question 33

obligation

Answer 33

duty

Question 34

privilege

Answer 34

right

Question 35

rest with the householder, then surviving spouse, NOK

Answer 35

primary duty of final disposition

Question 36

one who owns/controls real estate where death occurs; his/her priority to notifiy proper authorities

Answer 36

householder

Question 37

widow/widower; not a blood relative

Answer 37

spouse

Question 38

ones relatives collectively referring to blood relationship; children of proper age, siblings

Answer 38

kin

Question 39

duty of burial rests with the spouse, NOK, etc.

Answer 39

primary duty of final disposition

Question 40

if no one steps foreward, fall upon public authorities

Answer 40

secondary duty of final disposition

Question 41

general rule of priority- wishes of decedent, surviving spouse, NOK, personal representation, guardian, volunteer, FD

Answer 41

primary right of final disposition

Question 42

arrangements in advance with no payments

Answer 42

preplanned

Question 43

arrangements is advance with payments

Answer 43

prefunded

Question 44

instrument executed with required formality by a person making disposition of his or her property to take effect upon death

Answer 44

will

Question 45

person who represents and settles the estate of deceased person

Answer 45

personal representatives

Question 46

individual appointed by the will to carry out its provisions and settle the estate

Answer 46

executor/executrix

Question 47

individual appointed by the probate court to settle an estate

Answer 47

administrator/administratrix

Question 48

judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age/legal disability prior to death

Answer 48

guardian

Question 49

anyone who agrees to assume the right of final disposition; friend, neighbor, coworker

Answer 49

volunteer

Question 50

between FD and individual with right of disposition

Answer 50

fuenral contract

Question 51

first call

Answer 51

implied contract

Question 52

statement of funeral goods and services selected

Answer 52

express contract

Question 53

govt- state, county, local; depending on jurisdiction when and where death occurred

Answer 53

secondary right of final disposition

Question 54

related to person with right of disposition; grated to the right to take possession and control of body; related to quasi property theory

Answer 54

custody of body

Question 55

physical possession of dead body; occurs only when body is located at home of the individual with the right of disposition

Answer 55

actual custody

Question 56

having authority to control funeral disposition although anotherparty has physical possession

Answer 56

constructive custody

Question 57

one who holds a position of trust to a beneficiary; person who has right to control the funeral does so on behalf of all others

Answer 57

act as a trustee

Question 58

obligation according to law; responsible

Answer 58

liability

Question 59

condition of being actually/potentially subject to an obligation; condition of being responsible for an expense

Answer 59

liability

Question 60

liability for funeral expenses

Answer 60

funeral contract, decedents estate, common law, volunteer, public authorities

Question 61

agreement between 2/more competent persons which is enforceable by law

Answer 61

contract

Question 62

expression of willingness to enter into a contratual agreement

Answer 62

offer

Question 63

what promisor demands and receives as price for promise

Answer 63

consideration

Question 64

agreement to an offer resulting into a contractual agreement

Answer 64

acceptance

Question 65

party who initiates offer

Answer 65

offeror

Question 66

who offer is made

Answer 66

offeree

Question 67

parties express their intentions at time of agreement; oral/written

Answer 67

express contract

Question 68

terms are applied by acts/conduct of parties

Answer 68

implied contract

Question 69

ficntional contract applied by court for person unable to contract for themselves; raises obligation in law weher in fact the party made no promises but imposes liability on injured party

Answer 69

quasi contract

Question 70

property of deceased person consisiting of real property, personal property

Answer 70

estate

Question 71

condition of leaving a will at time of death will may or may not provide funeral expenses

Answer 71

testate

Question 72

dying without having a will

Answer 72

intestate

Question 73

assets exceed liabilities-more cash than expense bill

Answer 73

solvent estate

Question 74

liabilities exceed assets; less cash than expenses

Answer 74

insolvent estate

Question 75

allowable cost items of funeral recognized by courts

Answer 75

filing of claims