Mortuary Law and Ethics

Which two duties are recognized by law which impacts directly on the funeral director?

1. Duty not to interfere with the right of burial 2. Duty of exercising reasonable care to keep guests safe

In order to legally be considered a dead body or corpse which 3 conditions must be met?

1. Must be without life 2. Must not be entirely disintegrated 3. Must be a human being

The invasion of a landowner's interest in the reasonable use and enjoyment of his land is called

A Nuisance

Probate Court

A court having jurisdiction over estates

Bailment

A delivery of personal property by one person (the bailor) to another (the bailee) who holds the property for a certain purpose under an express or implied-in-fact contract.

Occupational Safety and Health Administration (OSHA)

A governmental agency with the responsibility for regulatory and enforcement of safety and health matter for most employees.

Bailor

A person who delivers personal property to another as a bailment

Bailee

A person who receives personal property from another as a bailment.

Stare Decisis

A policy of courts to stand by a precedent and apply it to all future cases where the facts are substantially the same; to stand by things decided

Tort

A private or civil wrong, other than breach of contract, for which there may be action for damages

Quasi-property means

Almost Property

Federal Trade Commission (FTC)

An agency of federal government created in 1914 to promote free and fair competition by prevention of trade restraints, price fixing, false advertising and other unfair methods of competition.

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

Anatomical Gift Act

Mutilation

Any altering or change made to a dead human body from the time of death, other than by natural causes.

One who delivers personal property to another as a bailment is a

Bailor

Interstate

Between 2 or more states

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

Breach of Contract

When shipping decedents with an entity whose business transports them without refusal from one place to another if the approved fare is paid, the entity is called

Common Carrier

The damages awarded an injured party in contract in which the injured party is entitled to compensation for the exact amount of the loss are called

Compensatory Damages

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

Constructive Custody

The term synonymous with dead body is

Corpse

The reduction of a deceased human to its essential element by intense heat of incineration in a retort chamber is the definition of

Cremation

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

Custodian

Common Law is based on

Customs

Any physical or mental impairment that substantially limits one or more life activities, record of having such an impairment, or being regarded as having such an impairment is known as a

Disability

The removal of a dead body or remains from its place of repose after disposition has been completed is the definition of

Disinterment

Of or pertaining to the Christian Church refers to

Ecclesiastical

Where was common law developed?

England

The decedents spouse denied the privileges to have control of the disposition of the decedent due to the alienation or separation from one another through physical and/or emotional distance. This act of alienation is called

Estrangement

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

Executor

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

Funeral Contract

One who conducts or holds themselves out as being engaged in preparing, other than by embalming for the burial and disposition of decedents is called

Funeral Director

This type of will is entirely handwritten and signed by the testator

Holographic

Malpractice

Improper or negligent professional act by a professional person

Intentional Infliction of Mental Distress requires which of the following types of behavior

Intentional, Wrongful Conduct

The person who theorized that there are 5 stages of grief regarding death and dying

Kubler-Ross

What is the act or continuing conduct of a professional which normally involves a breach of ethical duty and failure to meet the standard of professional ability and care and breaks the law?

Malpractice

Wrongful cremation is often due to

Misidentification of Remains

A place where dead human bodies are kept until identified and/or released for final disposition is a

Morgue

Failure to exercise reasonable care, resulting in damage or injury to another

Negligence

Failure to perform with the ability and care normally exercised by people in the profession is known as

Negligence

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

Negligent Embalming

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

Negligent Funeral Directing

Res Nullius means

No one's property

Common Law

Non-legislated principles and rules of action predicated upon usages of customs

Trustee

One who holds title to property or another position of trust to a beneficiary; in funeral arrangements, the person who has the right to control funeral does so on behalf of all survivors.

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

Personal Property

What is the capacity of the state to regulate behavior and enforce order with a territory for the people's health, safety, and welfare?

Police Power

The establishment of a will and settlement of s decedents estate is termed

Probate

The principles upon which social laws based is called

Public Policy

Land and anything attached to it is the definition of

Real Property

Laws enacted by legislative bodies are called

Statutes

As a general rule, the right of decent disposal belongs to the

Surviving Spouse

Which is the first person to be considered the next of kin to the decedent?

Surviving Spouse

Who is the woman who makes a will valid?

Testatrix

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

The Estate

Who is the person who is in control of the property where a death has occured?

The Householder

Quasi-property theory

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.

Due Diligence

The attention reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation.

Testate

The condition of leaving a will at death

Negligence

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

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,

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

Police Power

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

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

Tort

Mutilation of the body is considered a

Tort

True or False: One of the principal disadvantages of looking to the estate for payment of the funeral bill is delay of collection

True

What is an illegal practice of refusing to release human remains or continue with arrangements because the arrangements are unpaid?

Withholding of remains

Intrastate

Within a state

Americans with Disabilities Act (ADA)

a federal statute prohibiting discrimination against the disabled in employment, public transportation, telecommunications services, and public accommodations and services operated by private entities

Medical Examiner

a forensically trained physician whose duty is to investigate questionable or unattended deaths (has replaced the coroner in some states)

Ordinance

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

Mental Anguish

mental suffering resulting from grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc., usually accompanied by physical injury or by an outrageous intentional or grossly negligent act.

Brain Death

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