Mortuary Law Exam 2 Flashcards
(73 cards)
1
Q
Condition of being actually or potentially subject to an obligation; condition of being responsible for an expense.
A
Definition of “Black Law?”
2
Q
Funeral Contract Decedent's Estate Common Law Volunteer Public Authorities
A
Types of Liabilities for Funeral Expenses:
3
Q
Agreement between two or more competent persons which is enforceable by law.
A
Contract
4
Q
Offer
Acceptance
Consideration
A
Elements of a contract:
5
Q
Expression of willingness to enter into a contractual agreement.
A
Offer
6
Q
Agreement to an offer resulting in a contract.
A
Acceptance
7
Q
What the promisor demands and receives as the price for a promise.
A
Consideration
8
Q
Offeror
Offeree
A
Parties of a contract:
9
Q
Party who initiates or makes an offer.
A
Offeror
10
Q
Person to whom an offer is made.
A
Offeree
11
Q
Express
Implied
Quasi
A
Types of contracts:
12
Q
Parties express their intentions at time of agreement; can be oral, written, at need or prefunded.
A
Express Contract
13
Q
Oral or Written
At Need
Pre-Funded
A
Types of Express Contracts:
14
Q
Contract terms are implied by acts or conduct of the parties.
A
Implied Contract
15
Q
A First Call is an Implied Contract becomes an express contract.
A
An example of an Implied Contract:
16
Q
Fictional contract applied by a court for a person unable to contract for him/herself.
A
Quasi Contract
17
Q
Property of a deceased person.
A
Estate:
18
Q
Real Property
Personal Property
A
Estate consists of:
19
Q
land or anything attached to it.
A
Real Property:
20
Q
tangible or intangible property; includes: personal belongings, furniture, auto, jewelry, money, stocks, bonds, and insurance policies.
A
Personal Property:
21
Q
Condition of leaving a will at time death.
A
Testate:
22
Q
the state or condition of dying without having made a will.
A
Intestate
22
Q
Solvent estate:
A
Assets exceed the liabilities (more cash than expenses)
23
Q
Size and solvency of the estate. Status in life Reasonableness of the charges Funeral directors knowledge of the decedent's financial condition Local and ethnic customs
A
Limitations of the estate:
25
liabilities exceed the assets (less cash than expenses).
| Estate is unable to pay debts.
Insolvent estate:
26
Decedent's Estate
The funeral bill is a charge against the ________________.
27
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Station in life
Lifestyle
Standard of living
Social
Economic
Religious
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What is the criteria for courts consideration when determining reasonableness of funeral charges:
28
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Size and solvency of the estate
Right of creditors to collect payment
Station in life of deceased
Decedent's religious faith
Decedent's fraternal membership
Local and contemporary customs
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Reasonableness of the charges is based on the following:
29
1. Decedent's financial condition
2. Solvency or insolvency of estate
3. Related reasonableness of charges.
Funeral Director's Knowledge should include:
30
1. What types of funeral arrangements are customary for the area?
2. Traditional vs. non-traditional
3. Related to station in life.
Local and Ethical Customs are:
31
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Embalming
Professional services
Use of facities
Casket
Outer burial container
Clothing
Clergy
Transportation
Cemetery or cremation
Headstone or monument
Flowers
Newspaper notice
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What are some allowable cost items of a funeral recognized by courts:
32
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Customs
Religion
Fraternal requirements
Legal requirements
Cemetery requirements
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What may affect the cost of a funeral?
33
The funeral bill
Which bill is typically the first claim to be paid against an estate?
34
Spouse for spouse
Parents for minor/dependent children
Parents are not liable for the expenses of adult child
According to Common Law who is responsible for paying the funeral bill of these types of relatives:
35
Volunteer
| Public Authorities
Who else pays for the decedents funeral bill:
36
Individual(s) who volunteer to pay the funeral bill.
Volunteer(s)
37
State or County government who pay the funeral bill.
Public Authorities
38
A wrongful act committed by one person against another person and/or their property.
What is a Tort?
39
Invasion of rights
Obstruction of funeral arrangements
Mutilation
Wrongful witholding
Torts include:
40
1. Not to interfere with the right of burial.
| 2. To exercise reasonable care in keeping the funeral home premises in safe condition.
What are the 2 duties recognized by law that impact the funeral director?
41
1. Unauthorized embalming
2. Unauthorized photos of deceased.
3. Burial in absence of the next of kin
4. Right to privacy
5. Failure to comply with wishes.
Examples of Invasion of Rights:
42
Except in certain cases, embalming is not required by law, embalming may be necessary, however if you select certain funeral arrangements, such as a viewing. If you do not want embalming, you usually have the right to choose an arrangement which does not require you to pay for embalming, such as direct cremation or immediate burial.
FTC Funeral Rule States what about embalming?
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If you tried to reach next of kin for 3 or more hours, you have no refrigeration, and no reason to deem it would be unwanted.
When is embalming required in Texas?
44
Obtain express written authorization.
Before embalming you must first do what?
45
1. Hospital or other institution wrongfully holding or refusing to release remains. (beyond the necessary to complete autopsy, paperwork, etc.)
2. Public officials not releasing a body within a reasonable period of time. (when body is held for forensic and/or legal purposes)
3. By the funeral director, especially due to non-payment of the funeral bill.
What are some examples of obstruction of funeral arrangements:
46
Altering of an object or dead human body from its original condition.
Define Mutilation
47
True
Based on definition, embalming is a form of mutilation.
| True or False
48
postmortem exam of organs to determine cause of death (gross anatomy/inspection).
What is an autopsy?
49
Postmortem exam of tissue to determine cause of death.
What is dissection?
50
1. Contractural
2. To determine the cause of death
3. Payment of insurance benefits (life/health/accidental death)
4. Right of public official or health officer.
Exceptions of Types of Unauthorized Autopsy's:
51
Coroner
Medical Examiner (ME)
Justice of the Peace (JP)
Who are the public officials that have the duty to investigate the cause of death or question of accident, suicide or homicide. Without a physician in attendance?
52
A body is not property
Lien attachments and replevin do NOT apply to dead human body.
Can not refuse to release a body on demand.
What is wrongful withholding or The Property Theory?
53
a claim or charge against property of payment of some debt.
What is a lien?
54
An action to recover possession of personal property.
What is a replevin?
55
Failure to exercise ordinary care. Lack of due care. Exercised by a wrongdoer who has not acted as a reasonable person would.
What is negligence?
56
Failure to do something which a reasonable prudent person would do under ordinary circumstances.
Omission
57
Doing something which a reasonable and prudent person would not do under ordinary circumstances.
Commission
58
Negligent Embalming
Negligent Funeral Directing
Negligent Lab
Types of negligent acts:
59
Statements and funeral contracts.
Duties and obligations originate from 2 sources, what are they?
60
No
Are volunteer drivers under direct control of the funeral director?
61
Agent drivers
| Funeral home employees
The Funeral Director is liable for:
62
automotive equipment for the hire
What is the Livery or Rolling Stock?
63
Place of business used in the care and prep and final disposition of dead human bodies.
Define the Funeral Establishment
64
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Specific Premises:
Funeral home
Church
Cemetery
Other facilities where funeral rites are held
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Premises Liability include:
65
Not invited
| Very little degree of care
Trespasser
66
Invitee
| Sales Reps
Social Guest
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Those attending visitation or funeral service
Invitee
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Mental suffering resulting from grief wounded pride, service disappointment, indignation, shame, public humilitation, despair, etx.
What is Mental Anguish?
69
physical injury and physical impact
Mental anguish historically required__________ and __________to be recognized by courts to award damages.
70
committed with the intention or purpose of causing harm.
Intentional Act
71
Committed with complete disregard for proper conduct.
Outrageous Act
72
Committed with complete disregard for acting as a prudent person would under ordinary circumstances.
Gross negligent act
73
Licensed Funeral Director
Only a ____________is qualified to provide professional services to the family.
