Mort Law: The Final

State boards make what type of regulations?

Administrative

What is it called when a funeral director does not fulfill their end of the contract?

Breach of Contract

There is one US state that does not have licensing requirements. What state is that?

Colorado

What are some important things that should be on the tag of the deceased?

Decedent's name, date of death, name of your facility

If a family requests a private service, and someone calls wanting to know service times, what can the funeral director do?

Do not give out the details

If the decedent leaves a will that authorizes the payment of funeral expenses, that provision is _______ against the estate

Enforceable

True or False: Cremated remains are considered dead human bodies

False

True or False: Right of custody is absolute

False

True or False: The No Property theory is a valid theory today

False

True or False: The funeral director can tell people how someone died

False

True or False: The person paying for the funeral is always the same person giving authorization to carry out services

False

What is the best way to prevent an injury to pallbearers?

Funeral director should provide explicit instructions on how to carry and walk with the casket

In the 1950 case Thomas v Anderson, what constituted "death" in the eyes of the law?

Heart stops and respiration ends

When meeting a family, you are going to have situations where the person paying for the funeral does not have the paramount right of disposition. As the funeral director, which of the following questions would NOT be asked to have a clear understanding before taking payment?

How much money will be put down today?

What does the FTC require about the statement of goods and services?

Itemization

What kind of contracts are most common in funeral service?

Joint and Several

Because you stated material facts about merchandise that you should have professional knowledge of, what does this make the funeral director?

Merchant

What is the number one breach of contract in funeral service?

Negligent Embalming

If there is a PPE shortage, what federal agency might this concern?

OSHA

What is the first statutory duty that funeral directors must adhere to?

Obtaining permits

What is another name for inherent authority?

Police power

What is constructive custody?

Possession with a third party such as a hospital or morgue

Why can a state not make a law that is contrary to federal law?

Preemption. They can make ones that enhance federal law.

Funeral bills are considered what kind of claim when using the estate to pay the funeral bill?

Preferred Claim

What are some Federal Stature laws regarding funeral service?

Privacy laws, ADA, Wage and Hour regulations, and tax codes

Dead human bodies are considered what kind of property today in the eyes of the law?

Quasi-Property

Precedent is based on similar case decisions. This is known as:

Stare Decisis

What are the 4 primary sources of mortuary law?

State laws and regulations, Case Law, Common Law, and Federal Law

What is the primary obligor to pay the funeral bill?

The estate of the deceased

Funeral homes are considered private carriers. Why?

Transport for a specific purpose and in a safe and non-negligent manner

True or False: A funeral director NEVER has constructive custody

True

True or False: A funeral director cannot authorize autopsies

True

True or False: All cadavers are corpses but not all corpses are cadavers.

True

True or False: Dead body is synonymous with "corpse"

True

True or False: Decomposed bodies are not considered dead human bodies

True

True or False: Funeral home payment policies should be on both the GPL and the Statements of goods and services.

True

True or False: Funeral homes have to exercise care for invitees, but not trespassers

True

True or False: Mortuary law is not a designated type of law, but a collection of laws.

True

True or False: Paramount right of custody also includes the paramount right of disposition

True

True or False: Simple negligence can lead to mental anguish or distress

True

What is a common carrier?

a carrier that cannot discriminate in what they ship

What is a tort?

a civil crime or wrongdoing

What is a cadaver?

a dead human body donated for medical study

Right of custody for a dead body is a limited right. What does this mean?

a right given for a specific purpose

If you present a casket and give facts about that casket, what have you just offered?

a warranty

If the deceased dies intestate or if the will does not provide a provision pf payment for funeral expenses, the funeral bill charged to the estates will be limited by what?

based on what probate court finds is a reasonable amount

Which of the following is NOT a type of bailment?

benefit for god himself

What kinds of things can permits include in funeral service?

burial, transit, provisional, and/or cremation

Why is embalming without permission considered mutilation?

chemical treatment altering the body's natural composition s well as performing an invasive procedure to obtain the desired result

Which of the following is NOT something mortuary law is primarily concerned with?

controlling how funeral directors can and cannot do their jobs

What are punitive damages?

damages awarded by a court to a plaintiff not to compensate the plaintiff for the damages suffered, but to punish the defendant

If a family requests a private service, what can the funeral director do to ensure that it is kept private?

do not publish the dates or times for the service in the obituary

What are the methods of lawful disposition?

earth burial (interment), entombment, cremation, burial at sea, anatomical donation, and removal from state

What is Inherent Authority?

empowering the state legislatures to enact laws for the general welfare, health, and safety of their own communities, and set standards for licensure.

The right to control the funeral is what kind of right?

exclusive right

Which of the following is NOT a way that state legislatures have impacted funeral service?

forcing all funeral directors to be licensed in the US

Why is it important to not advertise "Grief Therapy" instead of grief counseling?

funeral directors are not licensed therapists and if something happens the funeral home can be held liable

All of the following are police powers of the government that require orderly disposition?

government safety

Right of custody of a dead body can be revoked in what situations?

if not being used properly or not being used in a timely manner

What is intentional infliction of mental distress?

intentional, wrongful, outrageous, reckless, and malicious and done with the intention of casing the plaintiff emotional distress

Why is probate court considered a special court?

it deals with something very specific such as making decisions on dead bodies, wills, etc

What is significant about the statement of goods and services?

it is a contract between the funeral home and the family. It gives the funeral director permission to carry out the wishes of the family

What is real property?

land or anything attached to it.

What is empirical law?

laws that change as society changes

What does common law consist of?

maxims, principles, and judicial decisions that have been passed on for hundreds of years

Who are invitees?

people who come to the funeral home for a purpose such as visitation or funeral, preneed arrangements, etc.

In a civil case, what determines a judgement?

preponderance of evidence

In a criminal case, what constitutes a judgement?

proof beyond a reasonable doubt

What is an agent?

someone acting on another's behalf

Custodial custody occurs when the funeral director does what?

taking actual custody of the body

What is personal property?

tangible/intangible property

All of the following are one of the three requirements for someone to be considered a dead body except:

the body is buried

What is the legal definition of a "dead body"?

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

Boards of funeral directors are appointed by who?

the governor

What is the property theory?

the human body was the property of the next of kin. Similar to how your car is your property.

What is actual custody?

the physical possession of the dead human body

What is an estate?

the real and personal property owned by the deceased at the time of death.

If spouses are divorced, what happens on the general priority list?

the spouses no longer have the right of disposition. This right simply moves down to the next person on the list.

What is a bailment?

the transfer of personal property without the transfer of rights with the property

What if in your state you have someone that has passed away and they are separated from their spouse?

their spouse is still legally married. this means the spouse still controls the right of disposition, unless they have an authorizing agent.

Two people on the state boards are considered "lay people." What does this mean?

they are of the public

Once the funeral director has Custodial Custody, what does this mean for the funeral director?

they become the "protector" of the body.

The person that has the right to control the funeral has the power to control all matters of the funeral. What does this mean?

they may choose the funeral home, type of service, funeral merchandise purchased, and final disposition

All of the following are statutory duties of health regulations in funeral service except:

using a provisional

What type of bailment do you have with a dead human body?

you do not have bailment over a person

How many people are on the state board of funeral directors/embalmers

5

What does merchantability and fitness for a particular purpose mean?

A product is fit for the ordinary and particular purpose for which it is intended

What can a funeral director be charged with if they take a photo or video of the body without family permission?

Abuse of a Corpse

Why can funeral directors not hold bodies?

It interferes with the right of burial and is considered ransom

What is the biggest disadvantage to relying on an estate to pay the funeral bill?

Time

What if you have a body that is not recommended to be viewed but the family insists on viewing the body?

Always explain thoroughly why embalming may not be successful. If they still insist, the family must sign a waiver that relieves the funeral home of damages in the event they suffer some sort of emotional trauma

What date was the FTC funeral rule enacted?

April 30, 1984

What is a good way to understand your client's finances for the funeral?

Ask if there is a budget to work within

What is the No property theory?

In early English law, bodies were considered property of the church, therefore not property of anyone

Most probate courts will identify a priority list of things that need to be paid in a case of ________.

Insolvency

In the 1979 case Lovats v District Court, what constituted "death" in the eyes of the eyes of the law?

Irreversible cessation of the brain including the brain stem

At the end of funeral arrangements, what does the family sign?

The statement of goods and services

Why are embalming reports important?

This is the record and proof of procedures you performed during the embalming process

What would constitute an agent of a funeral home?

an employee or a livery service

What is an insolvent estate?

an estate in a condition that does not have enough money to pay the debts of the deceased or the debts of the estate