Funeral law and ethics midterm study guide
No
Can a dead body be bought or sold?
When the body is to be shipped by public carrier across state lines
In which of these cases is there a law that says the body MUST be embalmed:
Constructive
Kelly Pardue's body has been taken from the accident scene to Yehling mortuary. The Pardue family has gone home for the evening. What custody does the Pardue family have over Kelly's body?
The Captian May have the body cast overboard at his discretion
Maritime law or the laws of the high seas emphasizes the authority over his/her vessel once at sea. In earlier times (100 or more years ago) . Should a passenger or crewmember on board the vessel happen to die while on board, and the body is deemed to be a nuisance by the Captian-
Disposal
Mortuary law consists of these laws that peculiarly relate to the____________of the dead.
Bad smells
Odoriferous and malodorous are terms describing:
Donating all or part of human remains for research or transportation.
The anatomical gift act deals with:
Jurisprudence
The court of__________ is one that has the authority to issue injections and other mandatory directions which parties must follow.
The receiving institution of the body or body part
The donee is:
"Informed consent" refers to
The family making a decision based on receiving proper and thorough information
Actual
The family of Howard Edwards releases his body to Patton mortuary. What custody does Patton mortuary have after making the removal or transfer of remains?
mutilation
The family's right to take custody of the body involves the custody of the body "intact", which means in the same condition it was in at the time of death. Unauthorized embalming would definitely change the condition and appearance of the body, thereby constituting what?
Three
The scattering of cremated remains need to be at least _______nautical miles from the shoreline.
Are Not
Trespassers ____________owed a high degree of care by the landowner or homeowner.
Napoleon Bonaparte
What person and lawgiver was considered to be the judge of Christendom?
How easily assets can be turned to cash
"Liquidity" refers to:
E.E.G
A flat brain wave can be demonstrated by a/an:
Common law
A funeral director derives his or her legal and contractural requirements from the contract, state statutes and ___________?
Guilty
A funeral director is ________for allowing a minister to slip on artificial grass and becomes injured. (Funeral director did not caution the minister to be careful)
Guilty of a breach of confidentiality
A funeral director knows the age of a decedent and, contrary to the wishes of the family, tells a friend of his outside the funeral home. That funeral director is:
If the funeral director holds out the car and driver to be his own, if the driver causes an accident, the funeral director can be held liable
A funeral director that rents a limousine and a driver from a livery service to transport families should be aware of what?
Statutes And the contract
A funeral director's rights and duties generally come from two sources, namely:
The manufacturers of the merchandise stand behind and guarantee their products
A funeral home would prefer that—
Is not
A volunteer driver is an operator of a motor vehicle that __________under the direct control of the funeral director.
Kentman CAN take possession of The body-but the body is not considered replevin.
Alexander Funeral Home first takes custody of Thomas Duncan. The family decides to call Kentman Mortuary instead of Alexander. Alexander won't release the body until the family pays for the removal and the embalming charge. Kentman calls an attorney and states that they have a right to take custody of Mr. Duncan because he has become an object of replevin. Which of the following statements are true?
Authorizing agent
Another name for the family of a decedent which will be cremated:
No
Can a dead body be owned?
Yes
Can the wishes of a decedent in their last will testament be held against the wishes of the survivors?
Possession
Courts understand that a surviving spouse or next of kin have the right to __________________ for the purpose of disposition
Earth burial
Currently across the United States, the common method of final disposition is?
Cadavers
Dead human remains that have donated for anatomical research are frequently called:
Criminal and Private
Disinterment may be ordered in two cases, which are:
No
Do the bones of a skeleton constitute a "dead body"?
Reinterment in another place
Exhumation or disinterment for private purposes generally consists of disinterment and:
They generally dislike disinterment and feel that disinterment should be allowed only in cases of absolute necessity.
How does the law or courts feel about disinterment?
Not necessary
How necessary is it for a plaintiff to show physical injury to recover for mental anguish?
Unenforceable
If a statute Violates a constitutional principle, it is struck down as ____________?
The property theory
If one believes that a decedent can be an object of replevin, then one believes in___________________.
Actual
If the person having the right and duty of disposal has constructive custody, then that person can have___________custody whenever the wish.
Tortial
In State of N.C. vs. McLean (1897) we find that disinterments performed without permission from the next of kin constitute _____________disinterments.
Left the gravesite before he should have
In Wilson vs Ferguson (Texas, 1988) the funeral director:
During the funeral service, a volunteer pallbearer closes a limousine door on a family member
In which of the following scenarios is the funeral director innocent:
When a local, county, state Or other governmental agency orders a funeral service
Liability of the state refers to:
Canons
Many church laws are called__________.
Interstate transportation
Most states' laws require embalming if the body is going to be involved in-
Although slight and necessary, is
Mutilation, _______________involved in embalming A body.
Non-guaranteed
Only the amount paid on the contract with accruals will be paid at the time of death if the contract is:
Mental anguish
Punitive damages and ___________awards are the most common damages that are sought against negligent funeral directors.
Disinterment means
Removal of ashes or cremated remains from the repository; removal of casketed emails from a mausoleum or tomb; removal of a casket and its contents from the earth.
States' legislature
Statutes originate from-
Hold the body until a higher legal authority settles the case
Tammy Howard states that she is the wife of Donald Howard. Nancy Yelton states that she is married to Donald Howard and wants to use another funeral home. What should the funeral director do in This circumstance?
Federal laws
The Federal Trade Commission laws, the laws of the Americans with Disabilities Ac, and the laws of the Occupational Safety and Health Administrations are all considered:
Have the embalmer stop embalming, try to "clean up" as best as possible in a short amount of time, drape other decedents in the room, drape the body they wish to see, and bring them in.
The McMillian family comes in for arrangements and demands to see their daughter, who your funeral home has, but is in the process of being embalmed. The family is adamant that they will not wait-they want to see their daughter NOW. What is the most legal, possible outcome?
The oldest testiment
The Talmudic law is largely based on:
Arizona vs. Florida
The U.S. states that your text mentions as usual relocation points for the elderly include-
State constitution
The _______________is the primary law of each state.
Contract
The agreement between a funeral director and another competent party where the funeral director agrees to furnish desired services and merchandise and the family agrees to pay you for the services and merchandise is called what document?
Hammurabi
The beginnings of law are largely credited to:
Having to decide a like case all over again
The concept of Stare Decisis helps one to refrain from-
Primary charge against the estate
The funeral bill is considered to be what?
Breach of contract
The funeral director agrees to place certain flowers in the casket, but doesn't do so. This violation results in a family member having a heart attack. The funeral director is primarily guilty of a/an-
Itemize their prices
The majority of the goods and services selected are "spelled out" in the funeral contract. This is mainly because the FTC requires funeral homes too:
Credit transaction
The opposite of a cash transaction would be a/an:
At will
The person having the right and duty of disposal can always take possession of their loved one's remains ________________.
Social
The right to attend a funeral service or funeral ceremonies is a ___________right.
A positive identification of the dead
To avoid any possibility of cremating the wrong body, it is crucial that the funeral director and the immediate family (authorizing agent) make ______________.
Yes
To be considered a "dead body", does the object have to recognizable as a dead human body?
Mutilation
Unauthorized embalming is considered____________.
Hammurabi
What individual wanted more simple laws, but felt that the law should favor those of higher social class? He was also credited with establishing the first malpractice laws.
Environmental protection agency
What is the primary public agency that one should make report when scattering human cremated remains?
Quassi-property theory
What legal status of a dead human body do we recognize today?
Actual
What type of custody does Reading Crematory have over the remains of Ginger Denver, who is at their facility and about to be cremated?
Public disinterment
What type of disinterment is ordered when a new city street is planned to go through an existing cemetery?
Common law
What type of law helps "fill in the gaps" of our legal system?
Common law
What type of law is nicknames the "unwritten law", but ironically more has been written about this Type then any other type?
Roman law
What type of law was based on the ideas of the Greek Philosophers, especially Socrates?
Agency
What type of relationship must be proven before a funeral director can be held responsible for A negligent Automobile driver?
The cemetery should have honored the agreement with the mother
What was the "moral of the story" of Ross vs. Forrest lawn in 1984?
$100,000
What was the monetary award when a funeral director did not bury a cowboy hat with the deceased as requested by the wife of the deceased?
What it is?
When (if) you ever encounter something that you "think" is a dead body, your first question should be:
At the moment of death
When does possession and control of a body actually begin?
Prudent and careful
When you agree and contract to embalm a body, you agree to use the skill and the care of a reasonably______________,person, skilled in the art of embalming.
Always in the columbarium
Where would one find a "niche"?
Number of survivors
Which of the following is not one of the criteria that courts examine to determine the "reasonableness of a funeral bill"?
not yet totally disintegrated
Which of these criteria demonstrate the characteristics of "dead body" as defined by your text?
Grief facilitator
Which of these terms are acceptable when speaking of a funeral home's aftercare program?
Superior law
Which of these would NOT be considered a source of mortuary law?
Individual states
Who (or what) is considered to be the principal regulators of the funeral profession?
Wife, Mary, age 74
Who had the primary right and duty of disposal of Larry Minter, age 75?
Exhumation
________________is the term used often for a public disinterment.
Constructive
Jackson funeral services does not have a crematory, so they have transferred Ellon miller's body to Brimston crematory For cremation. The Jackson staff left the body with the crematory and returned to the funeral home. What custody does the Miller family retain? (the family is at their residence)
Her daughter, Laura, age 19
Joan williams has died. Who has the paramount right and duty of disposal of her body?
The payment of the funeral bill
Joint and several liability primarily pertains to:
No
Is "burial insurance" the same product as "funeral insurance"?
No
Is a dead body considered "property" in the ordinary sense of the word?
Yes
Is a family allowed to change funeral homes—even after they have contracted with one funeral home for the services of the decedent?
yes
Is it possible that dead remains be cast overboard on an ocean going vessel if the captain deems it necessary for the protection of health?
No
Is it up to the funeral director to make a legal decision as to who has the right and duty of disposition?
Spouse
It is a well-recognized rule that ____________________has the first right and duty of disposal of a decedent.
Cremation
It should be remembered that technically-____________isnt a method of disposition, but actually one step in the disposition process.
