Mortuary Law Test 1

Effect of divorce on the right of the surviving spouse:

A divorced spouse is not a surviving spouse and has no say in disposition.

The physical possession of the dead human body:

Actual custody

That body of law created by Federal and State administrative agencies to implement their powers and duties in the form of rules, regulations, orders and decisions:

Administrative Law

A governmental body created by legislation empowered to regulate an industry and issue rules and regulations:

Administrative agency

In filing claims against an estate: which of the following have generally been allowable cost items of a funeral: 1-embalming; 2-professional services; 3-facilities; 4-casket; 5-clothing; 6-transportation; 7-cemetery/cremation costs; 8-headstone/monument; 9-flowers; 10-newspaper notices; 11-outer burial containers.

All of the above

Items that may be deemed necessary for a funeral can be based on: 1-custom; 2-religion; 3-fraternal requirements; 4-legal requirements; 5-cemetery requirements.

All of these

Which of the following are means of final disposition: 1-Interment; 2-Burial at sea; 3-entombment; 4-cremation; 5-donation

All of these

Which of the following are rights of the party having priority for disposition of the body: 1-custody of body; 2-ability to convey custody; 3-superintend the funeral; 4-do that which is necessary to effect final disposition; 5-act as trustee for survivors; 6-settle survivor disputes.

All of these

Which of the following are those that receive the primary duty of decent burial: 1-householder; 2-surviving spouse; 3-next of kin; 4-public authorities.

All of these

Which of the following might place restrictions on mortuary sites: 1-ordinances; 2-building codes; 3-restrictive covenants; 4-covenants not to compete; 5-nuisance laws

All of these

Which of the following play a part in the requirements for decent burial/final disposition: 1-community standards; 2-wishes of decedent; 3-wishes of survivors; 4-public interest; 5-statutes.

All of these

Which of the following may have liability for funeral expenses: 1-parties to the funeral contract 2-decedent's estate 3-common law (spouse, parents, dependent children) 4-volunteer 5-public authority

All of these.

In he Uniform Anatomical Gift Act-an organ, tissue, eye, bone, artery, blood, other fluids and other portions of a human body for transplantation.

Body Part

A situation in which one of the parties to a contract fails or otherwise refuses o perform the obligations established in that contract:

Breach of contract

The body of a dead human being, deprived of life, but not yet entirely disintegrated (varies among the several states):

Dead human body - corpse

Permanent cessation of all vital functions and signs:

Death

The cessation of life:

Death

The total and irreversible cessation of all metabolic activity:

Death

Historically, the no property theory was held by __________ because in England at that time the body was considered to be the property of the church.

Ecclesiastical Law

The inherent power of a government to take private property for public use. Just compensation to the property owners is required:

Eminent Domain

Contract in which the agreement is specifically stated:

Express contract

Which of the following might pass regulations specifications for funeral homes?

Federal government, state governments, county governments, and city government.

The conclusive act of service with respect to the dead human body:

Final disposition

A person properly licensed, engaged in, or conducting, or holding him/herself out as being engaged in: 1-Preparing, other than by embalming, for the burial of disposition of dead human bodies; and/or 2-maintaining or operating a funeral establishment for the preparation and disposition, or for the care of dead human bodies.

Funeral director

At which of the following places does the funeral director need to exercise the highest level of care and have the most responsibility:

Funeral home

The failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another:

Gross Negligent

A judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age or legal disability:

Guardian

An act with complete disregard for proper conduct which transcends he bounds of common decency:

Outrageous Act

Which of the following are topics addressed by building codes:

Parking, plumbing, electric, signs, and building set backs.

Contract which involves such personal knowledge, skills or confidence that it can only be performed by the person with whom it is made:

Personal Service Contract

A contract whereby both parties should recognize that any breach will usually cause anguish:

Personal service contract

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

Police power

The decedent's wishes may be discovered from:

Pre-arrangements, will or other documents, and other declarations by the decedent.

That facility in a funeral home especially designed and equipped for embalming and otherwise preparing dead human bodies:

Preparation room

The size of the estate and hence the availability of money may also determine the:

Priority of claims

A covenant not to compete is often designed to:

Protect goodwill purchases and owners client base.

Cemeteries are often classified as:

Public, private, and national

A fictional contract created or implied by a court for a person who is unable to contract for himself:

Quasi Contract

An obligation which law creates in the absence of agreement, is invoked by courts where there is unjust enrichment. The function is to raise obligation in law where in fact the parties made no promises:

Quasi-contract

The currently accepted view of the property and property rights in a dead human body in the US is the:

Quasi-property theory

Action to recover through the court an item or its value that has been wrongfully detained or altered from its original condition:

Replevin

A deed restriction which specifically indicates that a certain parcel of property can not be used for a certain purpose is referred to as a/an:

Restrictive Covenant

Provision in a deed limiting the use of property and prohibiting certain uses:

Restrictive covenant

Limitations on the decedent's estate for funeral expenses:

Size of estate, status in life of deceased, reasonableness of charges, funeral director's knowledge of decedent's financial condition, and local/ethnic customs.

Might be allowed o override restrictions on mortuary sites as limited by municipal ordinance:

Special Use Permits

The secondary right of disposition usually lies with the:

State, County, and Local government.

A law enacted by a federal or state legislative body:

Statute

Surviving spouse (separation or estrangement):

Still the surviving spouse

Adequate preparation room and equipment rules usually include:

Sufficient size, secluded form public, walls/ceiling/floors are nonporous and easy to clean, properly ventilated, sewer and disposal facilities, hot/cold running water, operating able and sufficient instruments and chemicals, and meet sanitary codes of municipality and state.

The funeral director may find him or herself open to tort liability in relation to:

The funeral procession, the funeral home and its premises, error and omissions especially in relation to final disposition, and negligent conduct on part of employees and agents.

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

Trustee

What might be considered a tort within the funeral industry:

Unauthorized embalming, unauthorized photos, burial in absence of next of kin, breach of privacy or confidentiality, failure to comply with wishes of party having the right and duty of disposal, hospital or other institution withholding body, or misidentifying body, and cemetery open wrong grave or wrong body is cremated.

What is considered mutilation?

Unauthorized embalming, unauthorized trimming or removal of facial hair, unauthorized removal of tissues/organs, performing procedures other than hat which is required for normal embalming, and unauthorized autopsy.

A law permitting a person of a legal age and sound mind to give all or any part of his body to take effect upon his/her death or gives the right to another:

Uniform Anatomical Gift Act

Those drivers not under the control of the funeral director:

Volunteer drivers

Ordinances that might place restrictions on mortuary sites:

Zoning

Which of the following would be an example of an ordinance:

Zoning laws, Building codes, and Safety Laws.

The location of a cemetery is generally under he control of:

Zoning ordinances, eminent domain, and police power.

Obligatory tasks, conduct, service, or function that arise from one's position in life:

duty

Contracts may be:

express, implied, or quasi

Although the standards vary among the various states, most have laws impacting funeral homes in regard to:

health codes, fire/safety regulations, fixed location, adequate licensed personnel, access to rolling stock, adequate facilities for conducting funerals, display room with adequate number and selection of caskets, and adequately equipped preparation room.

Embalming with out permission is considered he tort of:

mutilation

Omission to do something which a reasonable prudent person would do under ordinary circumstances or the doing of something which is a reasonable and prudent would not do:

negligence

A law passed by a local municipal governing body:

ordinance

Implies receiving the body in same condition as at the time of death:

right of possession

Volunteer drivers are always liable for their own:

torts

To be permissible restraint of trade, a covenant not to compete, must have reasonable terms with respect to:

Length of time on restriction, scope of activity, and geographical area covered.

The exercise of police power might include:

Licensure, health standards, and business operations.

The funeral director is liable if he holds out such cars and drivers as his own:

Livery

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

Mental anguish

That body of law which relates to matters concerned with the disposition of the dead and the regulation of funeralization:

Mortuary Jurisprudence

Funeral Service Law is also known as:

Mortuary Law/Funeral Service Law

Failure to exercise ordinary care or The lack of due care (exercised by a wrongdoer who has not acted as a reasonable person would)::

Negligence

Which of these is considered wrongful withholding of a dead human body? liens, attachments, or replevin.

None of these apply to a dead human body.

Cemeteries are generally regarded as:

Not a nuisance per se

A landowners use of property which interferes with public or another landowner's use of his property:

Nuisance

Act, occupations or structures which are not nuisances per se, but may become nuisances by reason of the location or manner in which it is operated:

Nuisance In fact

Act, occupations or structures which are nuisance at all times and under all circumstances. May be prejudicial to public morals, dangerous to life, or injurious to public rights:

Nuisance per se

Some municipalities may place restrictions on the funeral procession including:

Number of cars allowed, marking of cars, escort service and not allowed.

Primary right of final disposition (put in the proper order): 1-volunteer 2-decendents wishes 3-decendents guardian 4-surviving spouse 5-personal representative 6-next of kin

2, 4, 6, 5, 3, 1

Next of kin (degree of kindred): 1-parents 2-adult children 3-brother and sisters

2-1-3

Premises liability in relationship to the funeral establishment: Level of care depends upon status of visitor-put these in order from highest to lowest level of care required: 1-trespasser 2-social guest 3-business guest

3, 2, 1

Laws, ordinances and government regulations setting fourth requirements for construction, maintenance, operation, occupancy, use or appearance of buildings:

Building Code

Decisions at law which establish precedent and principle:

Case Law

Non-legislated principles and rules of action predicated upon usage and custom:

Common Law

Spouse, parent or child liability for funeral expense is a concept born out of:

Common Law

Unwritten Law:

Common Law

The basic law adopted by the federal or state legislatures governing the nature, functions and setting limits on a group of people:

Constitution

Where a party has a right to acquire actual custody/possession of the dead body although another party has actual physical possession:

Constructive Custody

Exceptions for autopsy without permission:

Contractual accidental vs non-accidental death, right of some public health officers, and right of public official.

Dead human body at law:

Corpse

May be considered a permissible restraint of trade:

Covenant not to compete

Which of the following is an example of an Administrative Agency:

OSHA, State Board, and FTC

Contract formed by the action of the parties:

Implied contract

A court order forbidding a person from doing a certain act:

Injunction

Refusal to surrender upon demand can result in a/an:

Injunction

The two elements necessary for property:

Injunction and Replevin

A covenant not to compete may be permissible restraint of trade if:

It is part of a valid contract for employment/sale of business, or the terms or reasonable.

A rule of action prescribed by an authority able to enforce its will:

Law

A wrongful act against another person causing injury to that person or their property:

Tort