FSE1080 - Funeral Law Chapter 2 Study Guide
3 types of property theory regarding a dead body.
1. "no property". 2. full property. 3. quasi-property.
What is the currently used concept of property rights in a dead body the US courts have adopted?
Dead bodies are quasi-property. not property in a commercial sense (such as ownership or use of an object); gives bundle of rights to NOK in relation to the body.
What has necessitated the disposition of the dead by regulated means?
Health/safety concerns and public morality necessitate regulation.
Rights given to survivors:
Right to: 1. take body for purposes of disposition. 2. allow body parts to be used within confines of the law. 3. exclude others from possession of the body. 4. dispose of body.
What Act covers anatomical donation?
Uniform Anatomical Gift Act.
Is cremation considered a valid means of disposition?
Yes - says Fin's notes. Book says cremation is not technically a METHOD of disposition, but ONE STEP in a MEANS OF disposition.
Can the Captain of a vessel at sea legally dispose of a body without notifying the NOK?
Yes; if he believes it is in the best interest of the passengers/crew to do so - even without notification.
Can the state punish someone for not disposing of a dead body properly?
Yes; states have created criminal statutes regarding the disposition of dead bodies by regulated methods.
Can the state punish someone for not disposing of a dead body in a timely fashion?
Yes; there are criminal penalties for failure to bury or incinerate a corpse within a reasonable time after death.
Entombment
above ground placement of a body in a mausoleum crypt.
Alkaline hydrolysis
body is subjected to chemicals, water, and heat which cause to body to decompose rapidly until only skeletal remains are left. "water cremation"; processed/placed in urn.
Dead body.
body of a human being deprived of life but not yet entirely disintegrated; corpse.
Anatomical donation
donation of all or part of a human body to take effect after the donor's death, for the purpose of transplantation, therapy, research or education.
What is the current concept and definition of death according to your book?
irreversible cessation of all functioning of the brain, including the brain stem.
Burial
the action or practice of interring a dead body.
Burial at sea
the disposal of human remains into the ocean, normally from a ship or boat.
Cremation
the use of high-temperature burning, vaporization, and oxidation to reduce dead human bodies to basic chemical compounds; gases & mineral fragments retaining the appearance of dry bone.
What gives the Captain authority?
Maritime Law; embarking on a cruise line implies compliance.
Is the definition of death a concrete definition that is not subject to change?
No, society's definition of death is in flux.
Does a bag containing viscera represent a dead body?
No.
Does a severed arm or leg represent a dead body?
No.
Does a skeleton or cremated remains represent a dead body?
No.
Has there ever been a time when the body was considered full property?
No; it was said "a dead body is the property of no one and there is no property in a dead body".
Commonly used methods of disposition involving the modern FD:
1. In-ground burial / inhumement. 2. Entombment. 3. Cremation. 4. Burial at sea. 5. Donation to science. 6. Alkaline hydrolysis.
Requirements of burial at sea:
1. casket must be weighted/have holes. 2. report disposition to EPA. 3. must be at least 3 nautical miles from shores (open sea).
3 conditions of a dead body.
1. must be a human being. 2. must be devoid of life. 3. not entirely disintegrated.
Originally, in the "no property" rights days, who had the exclusive control of the body?
The church.
