Mortuary Law: Quiz 1, 2 & 3

Is not property in a real sense

A dead human body

A Funeral Home

A fixed place for the conducting of funerals and/or for the care and preparation of the dead prior to disposition is the legal definition of a

Executor

A personal representative of the decedent appointed in the will to carry out the provisions of the will is called the

Decomposition

A positive sign of death is

True

A skeleton is not considered a body by law.

Constructive Custody

Although a dead body is in one mortuary, the mortuary which has control of the final disposition is said to have

Anatomical Gift Act

An act that generally provides that any individual of sound mind and legal age may donate all or part of his body upon death is the

Funeral contract

An agreement between a funeral director and another competent party of legal age, whereby the consumer purchases and the funeral director agrees to furnish merchandise and services is a

Nuisance

An unreasonable, unusual, or unnatural use of one's property so that it disturbs the peaceful, quiet and undisturbed use and enjoyment of nearby property is a definition of a

Personal Property

Any tangible or intangible property such as personal effects, furniture, automobiles, jewelry, money, stocks, bonds, insurance proceeds payable to the estate, and the like is

The Estate

As a rule, who or what is primarily responsible to pay the reasonable and necessary expenses of disposing of the body?

Surviving spouse

Considering the deceased is survived by each of the following, the primary right and duty of disposal belongs to the: a. eldest daughter b. surviving spouse c. brother d. uncle

Consists of the rules and principles that society established for handling and disposition of the dead

Funeral Law

False

Funeral directors don't really need to know what government agencies make funds available for indigent funerals and how to make claims for those funds.

True

Funeral directors may be liable for failure to honor requests made by the family.

Tort

If a funeral director does not comply with duties and obligations that arise by operation of law as well as those that arise out of the funeral contract, and damages result, he or she has committed a

A breach of contract

If a funeral director fails to comply with the survivor's requests for confidentiality regarding the death or for privacy during the funeral arrangements, they can be held liable for

The funeral director is liable for the damages that follow as a result of the breach

If a funeral director promises to undertake certain obligations per a funeral contract entered into between the funeral director and the family either in writing or verbally, and does not follow through,

Negligent embalming

If an embalming falls short of the standard of care, the funeral director will be liable for the damages resulting in

True

In cases where there is a question of size or solvency of the estate, it is prudent for the funeral director to have a relative or third party become liable on the contract tin the event the estate is unable to pay the funeral expenses.

False

In every state, there is an iron-clad rule as to who has the paramount right of disposition.

Quasi-property

In legal terminology, a dead human body is considered

It must be embalmed

In order to legally be considered a dead body or a corpse, three conditions must be met. Which of the following is NOT one of those conditions?

Real Property

Land and anything attached to it is the definition of

True

Mortuary law is found expressed in the form of statutes, ordinances, and case law.

Tort

Mutilation of the body is considered a

Adult son

Of the following, who has the primary right to control final disposition of the body?

True

One of the principal disadvantages of looking to the estate for payment of the funeral bill is the delay in collection.

Actual custody

The FD that has physical possession of a dead human body is said to have

a husband and father are primarily liable to pay the funeral expenses of the wife and dependent children

The common law rule regarding the liability for funeral expenses of a dependent is

Negligent Funeral Directing

The failure of the funeral director to perform the many duties involved in directing the funeral service is called

True

The individual undertaking disposition has the power to exercise control over all matters relating to the funeral.

Statue and funeral contract

The lawful rights of the funeral director undertaking a funeral are derived from two sources:

Corpse

The term synonymous to a dead body is

custodian

When a FD has a dead human body in his care, he is properly termed a

Mother's maiden name

Which of the following is NOT a disclaimer on a funeral contract?

Hospital disposal

Which of the following is NOT a method of disposition of an adult human body?

Embalming permit

Which of the following is NOT a permit that a funeral director, in nearly all jurisdictions, is required to obtain?

The Attorney's Fee

Which of the following is NOT used by the courts to determine the reasonableness of a funeral bill?

Furniture

Which of the following would be classified as movable personal property?