Professional Review: Law Pt. 2 (review notes)

who requires the SFGSS to be produced at the end of an arrangement meeting?

FTC

who has the right to custody?

authorizing agent

what might be required of a contract by Medicaid/SSI in order for it to not qualify as an asset?

be irrevocable

total irreversible cessation of brain functions as indicated by flat EEG reading

brain death

appellate courts decisions based on custom, usage, and prior decisions best defines what type of law?

case law

funeral comes as zoned as:

commercial

what damages are usually provided for negligence cases?

compensatory damages

in order to disinter for public purposes, what is needed?

court order or permit

the person with rights has right to:

custody control funeral control disposition

the cessation of life; permanent cessations of all vital functions and signs

death

who is the primary obligor to pay funeral expenses?

decedents estate

OSHA is administered through:

department of labor

public purposes for disinterment include:

evidence reasons (ME) protection of public health provide public streets

funeral contracts are:

express contracts

warranties that are made verbally or in writing

express warranties

what type fo custody does the family have if the body is at the funeral home? and what type of custody does the funeral director have?

family has constructive custody funeral director has actual custody

how would brain death be indicated?

flat EEG reading

what is true of providing accommodations?

funeral homes do not need to do so if the accommodation presents an undue hardship

funeral homes located in residential areas are probably ___________ in

grandfathered

ADA only applies to firms who:

have 15+ employees employee must have qualified disability

what are the two categories of warranties?

implied and express

warranties that automatically arise when a sale is made

implied warranties

what warranties can be disclaimed?

implied warranties

a benefit of insurance vs trust

insurance is not taxed and provide upfront income through collecting a commission

what act governs express and implied warranties?

magnuson-moss warranty act

funeral directors are classified as:

merchants

_____________ is a branch of tort law that is the basis for most of the lawsuits that occur in funeral service

negligence

would bones be considered a dead body?

no

law passed by local municipal governing bodies

ordinances

statutes usually require a _________ for disinterment

permit

what is true of the UAGA?

person must be of legal age and of sound mind nok can authorize the gift self-authorization triumphs can be designated in persons will

the power to make laws

police power

disinterring someone to move them to another cemetery or to re-inter in another plot within the same cemetery is for:

private purposes

the theory where human remains are treated as property for the disposition only

quasi property theory

what would qualify as a legal dead human body?

remains of a human being that is not entirely decomposed

the right to custody means:

someone has possession and control of the body

the right of disposition is determined by:

state law

what is disinterment controlled by?

state laws

laws that are enacted by legislative bodies are called:

statutes

who has the highest priority when it comes to custody?

surviving spouse

according to common law, who has the responsibility for wife and dependent children funeral expenses?

the husband

who must the cremation be authorized by?

the person with priority right to disposition

T/F right of disposition is not absolute and can be revoked

true

what is the act that protects consumers against unfair credit billing and credit card practices?

truth in lending act

when investigating third party crematories, what should be investigated/ be done?

unannounced inspections once a year request for records annual permits and licenses maintenance logs interview of crematory management

what are the two implied warranties?

warranty for merchantability warranty for fitness for a particular purpose

what is needed to be qualified as a creditor?

you must of extended credit more than 25 times in the last year

what are componenets that are required on the cremation authorization form?

1. notice to consumer that cremation is a irreversible and final process 2. acknowledgement that there has been a positive ID of the deceased 3. affirmation that the person holding priority rights has the authority to do so 4. affirmation that the remains do not contain hazardous materials 5. confirmation that there is no person property in the container that need to be removed prior to cremation 6. name of person authorized to receive cremated remains 7. description of any urn or container for safe guarding the cremated remains 8. signature of authorizing agent

what is the priority list from highest to lowest?

1. surviving spouse 2. next of kin: - adult children - surviving parents - surviving adult siblings 3. guardian 4. volunteer

when disputing the right for disposition, what will the court base their determination on?

1. wishes of the decedent 2. special relationship between decedent and the one of the others disputing 3. waiver

in order for a funeral home to be subject to the truth in lending act, they must:

1. be a creditor 2. extend consumer credit

what is the order of funeral expense liability?

1. decedents estate 2. spouse 3. parents (if minor) 4. any person who signs the contract

what are the 4 elements of negligence that must be proven?

1. defendant had a duty 2. defendant breached that duty 3. breached duty is cause of plaintiffs injury 4. plaintiff suffered damages

who oversees the hiring, retention, and discharge of employees as it relates to the funeral home being a place of accommodations?

ADA

the burial funds exclusion is:

$1500

rules and regulations are created by:

administrative agencies within its jurisdiction

law that deals with rules and regulations created by federal and state administrative agencies (includes OSHA, FTC, state boards)

administrative law