week 1

Question 1

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

Answer 1

law

Question 2

where does the law come from? (6)

Answer 2

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

Question 3

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

Answer 3

constitution

Question 4

a law enacted by a legislative body

Answer 4

statutes

Question 5

appellate court decisions based on custom and usage and prior decisions

Answer 5

case law

Question 6

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

Answer 6

ordinances

Question 7

laws created by an administrative agency within its jurisdiction

Answer 7

rules and regulations

Question 8

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

Answer 8

police power

Question 9

how do appellate courts make case law?

Answer 9

1. stare decisis

Question 10

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

Answer 10

stare decisis

Question 11

What are some “branches” of law? (3)

Answer 11

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

Question 12

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

Answer 12

admin law

Question 13

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

Answer 13

admin agency

Question 14

a legally enforceable agreement

Answer 14

contract

Question 15

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

Answer 15

funeral service law

Question 16

death and the dead body (5)

Answer 16

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

Question 17

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

Answer 17

death

Question 18

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

Answer 18

brain death

Question 19

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

Answer 19

corpse

Question 20

a dead human body intended solely for scientific study and dissection

Answer 20

cadaver

Question 21

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

Answer 21

quasi property

Question 22

possession of the dead body (4)

Answer 22

1. funeral director
2. custodian
3. actual custody
4. constructive custody

Question 23

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

Answer 23

custodian

Question 24

the physical possession of the dead human body or other property

Answer 24

actual custody

Question 25

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

Answer 25

constructive custody

Question 26

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

Answer 26

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

Question 27

ones relatives collectively; referring to blood relationship

Answer 27

Kin

Question 28

relationship of decedent to blood relatives | -table of consanguinity

Answer 28

degree of kindred

Question 29

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

Answer 29

estrangement

Question 30

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

Answer 30

will

Question 31

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

Answer 31

guardianship

Question 32

kinds of funeral arrangements (2)

Answer 32

1. pre-planned funeral arrangement | 2. pretended funeral arrangements

Question 33

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

Answer 33

pre-planned funeral arrangements

Question 34

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

Answer 34

Preneed funeral arrangements

Question 35

obligations/debts of decedent (5)

Answer 35

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

Question 36

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

Answer 36

liability

Question 37

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

Answer 37

priority

Question 38

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

Answer 38

1. preferred claim 2. secured claim 3. unsecured claim

Question 39

miscellaneous obligations

Answer 39

1. quasi contracts | - quasi means "similar too"

Question 40

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

Answer 40

clinical death

Question 41

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

Answer 41

modern view ; brain death

Question 42

requirements of dead human body (3)

Answer 42

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

Question 43

property rights in dead human bodies (2)

Answer 43

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

Question 44

final disposition developed based on (4)

Answer 44

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

Question 45

decent and proper; or not? (