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Mortuary Law 3Q

A human being deprived of life and not entirely disintegrated. Dead body
Skeleton and cremains are considered to be dead bodies. T or F False.
A study of those branches of law which relate to matters concerned with the disposition of a dead human body. Mortuary Law
Where do we get Mortuary Law from? Statutes, contract law, administration, ordinances.
The irreversible sessation of total brain function. According to the usual and customary standards of medical practice. Death
Stethescope, opthalmoscope, dye injections, EKG's, and EEG's are considered what? Expert tests of death
Pulse, ligature, ammonia injections, and listening for the heart beat are considered what? Inexpert tests of death
What is the legal status of a dead body? It is quasi property.
"Sort of" property in a sense. There is a rite to a decent burial. Quasi property.
The body is not property, but the property of the church. Church law. Old English. Ecclesiastical.
Proper action to recover personal property that is being wrongfully withheld. Suit in replebin
Injunction or restraint, to get the body if it is being wrongfully withheld. Suit in equity
A suit in replebin will not work for quasi property. T or F True
The most sanitary form of disposition? Cremation
Interment, cremation, burial at sea, donation to medical science, and green burials are all forms of? Methods of disposition
Grave robbery is a crime. T or F True
Burial at sea came from? Maritime law. Captain had the say and decision. 3 nautical miles from shore and must be in a proper container, at a certain depth, and have a certain weight.
Alkaline hydrolysis goes with what form of disposition? Green burials
Embalming is required by law. T or F False
It can be the funeral home policy for embalming. T or F True
You need to have permission for minimal preparation of remains as well as permission for embalming. T or F True
Possession of the body, condition of the body at the moment of death, actual and constructive possession, and the rite to control the funeral are examples of what? Rites of the party who has the rite of disposition.
When does the funeral home have actual possession? When the body is on the removal cot.
If the body is at the funeral home, the family is said to have what kind of possession? Custructive
The family has the rite to exclude anyone they want from the funeral. T or F True
Embalming is never considered mutilation. T or F False. It is always mutilation.
The FTC requires a written contract. T or F False
Who has the primary liability of disposition? The estate.
Who has secondary liability of disposition? The state/county.
The spouse, next of kin, competent adult children, competent parents, competent adult siblings, aunts, uncles, and cousins is the list for? The general rule of priority.
The person who owned the house where the decedent lived. Householder
This person works for the state and takes charge when a decedent passes and they have no family. Public guardian
A signed death certificate, burial permits from the local registrar need to be obtained before burial. T or F True
What documents do you need for cremation? Family authorization, ME/Coroners permit to cremate, cremation permit from local registrar, and a signed death certificate.
A contract between the funeral home and a living person for providing of funeral services and merchandise at the time of death. Pre-Need Contract
The four types of pre-need contracts? Revocable, irrevocable, guaranteed, nonguaranteed.
The money for a preneed must be put into a trust or insurance policy. T or F True
This person holds the money in a trust. Trustee
Issued under this policy at the time of death, the money goes toward the funeral. Whole-life insurance policy
The assignment has to be signed by the beneficiary in order to transfer the money to the funeral home. T or F True
Interest on a trust funded preneed is taxable. T or F True
Interest on an insurance policy preneed is nontaxable. T or F True
The funeral home rep. goes to the residence and sells a preneed, that individual has 3 business days to cancel that contract. FTC door to door regulation
If someone buys insurance, they have a few days to cancel. The days will vary. Insurance law
Responsible for the protection of the body, as well as any personal items. Custodian
Responsible for the person property of the deceased and their family. Title is not transferred. Bailment
The funeral home is the _________ and the family is the ________ when it comes to bailment. Bailee and bailor
Reasonable ordinary care. Due diligence
Place where dead bodies are prepared pending final disposition. Mortuary
Place here dead bodies are held pending identification. Morgue
Another word for the funeral home's embalming room. Preparation room
Who is responsible for the payment of a funeral bill? The person who signs the contract.
If you are legally married, each spouse is responsible to pay for debts if it is a necessity. This includes funeral payments. Family expense statute
Primary liability lies with the estate. T or F True
Assets exceed total liabilities in which type of estate? Solvent
Liabilities exceed total assets in which type of estate? Insolvent
The funeral bill is number one in priority on the list of creditors. T or F True
This person is appointed in the will. Executor
This person is appointed by the court to dish out the will. Administrator
The removal of a dead body or the remains there of, from the place of repose. Disinterment
The right to dispose also carries the right to disinter. T or F False
What are the valid reasons to disinter? Public and private interests
Theory that allows the government to take over private property and use it for public use. Imminant domain
A place where dead bodies are prepared pending disposition. Funeral home
A funeral home is not a nuisance per se, but can become one if they are not properly run. T or F True
A funeral home can be zoned residentially. T or F False, unless it was grand fathered in. It has to be commercial/business zoned.
This act provides those with disabilities the ability to use and enjoy our facilities. Americans with Disabilities Act of 1990
How many employees are needed for the ADA to apply? 15 or more.
Bonified occupational qualification means? The person with a disability must have the appropriate schooling and licensing.
Nature and cost of the modification, number of employees, impact on the operation, and number and type of locations you have are all forms of? Undue hardships
A place where dead bodies are buried in a space that has been reserved for that purpose. Cemetery
Cemetery owned by a governmental body. Public cemetery
Cemetery owned by a private individual. Private cemetery
The government can take over private property. T or F True
There are more _______ cemeteries than there are _________ cemeteries. Private/public
The right to the use of property. (Such as buying a lot in a cemetery.) Easement
The most sanitary method of disposition. Cremation
How many days should you hold onto cremated remains before legally disposing of them? 90 days
OSHA was enacted in? 1970
Formaldehyde exposure standard, hazard communication standard, and the blood borne pathogen standard are all parts of? OSHA
Must not exceed the permissible exposure limit/level of formaldehyde in the workplace. Formaldehyde exposure standard.
8hr monitor that stays in the prep room and cannot exceed .75 ppm. Time weighted average monitor. (TWA)
3 identical monitors that are used only when embalming at 15 minute intervals and cannot exceed 2ppm. Short term exposure limit monitors
In between the level of .5ppm and .75ppm. Action level
Employer must communicate to the employee the hazard of the things they are working with. Hazardous communications standard
The material safety data sheet, labeling, training, and hazard communication program are included in the? Hazardous communications standard
Hep B vaccines, an exposure control plan, protective clothing, training programs, exposure evaluation follow ups, and record keeping are a part of? Blood borne pathogen standard
A written plan that tells how the funeral home plans safe work habits. Exposure control plan
The needle stick safety and prevention act is included in the? Blood borne pathogen standard
This informs employees with the proper disposal of sharps. Needle stick safety and prevention act
The federal trade commission is an administration agency that ultimately wants to protect who? The consumer
The trade regulation rule of 1984 says what? The funeral home must disclose prices and other information regarding goods and services.
The ftc funeral rule of 1994 says what? The funeral home must provide certain documents to consumers.
The general price list must be provided if the funeral home offers both what? Goods and services.
The general price list must include? The funeral home name, address, phone number, and effective date.
How many mandatory items must be on the general price list? 16
When must a GPL be given? When there is a face to face conversation about arrangements.
The casket price list must contain? The funeral home name, casket price list as title, and effective date.
The outer burial container must contain? The funeral home name, outer burial price list as title, and effective date.
An itemized list of all goods and services chosen. Statement of goods and services.
When must the statement of funeral goods and services be distributed? At the end of the conference.
You can't refuse to use a casket that was purchased elsewhere. This is an example of what type of arrangement? Tying arrangement
Price lists must be held for how many years after you last distributed it? 1
A document that legally disposes an individuals property after death. Will
The person who makes the will is the? Testator/testatrix
Qualifications to be a testator? 18 years of age, competent, understanding of the nature and extent of your property, know the consequences of a will, have a reasonable place, and know your heirs.
Dying and not having a will. In testate
Who determines who gets what if you died without a will? Probate statute
A spouse is always guaranteed a certain percentage. T or F True
Can disinherit anyone else by not mentioning them. T or F True
You cannot disinherit your children. T or F False. You would have to firmly state that you are disinheriting them in the will though.
Any disposition of property must vest (title transfer) in a person within 21yrs after the death. Rule against perpetuities.
The signature of the testator, 2-3 witnesses and their signatures, and the testator must inform the witnesses that this is their last will (voluntary) are what? Formalities of a will
A will drawn up by an attorney, signed by the testator, and witnessed. Formal will
A will written by the testator, handwritten. Some states do not consider these to be valid. Holographic wills
A will spoken by a testator, made on the deathbed. Some states do not consider these to be valid. Oral will/dying declaration/nuncupative wills
Nuncupative wills usually can only distribute what type of property? Personal
What will revoke a will? Divorce and the making of a new will.
Altering a part of the will will always revoke it. T or F False
A written amendment to the will, modifying part of it. Codicil
Children born after the will was drawn up, will still get their intestate share. After born children
An item left in a will to an heir and it is no longer in existence or owned by the testator when they die, and are left with nothing. Ademption
An estate does not have sufficient funds to comply with the will, the heirs will get a reduced percentage. Abatement
To probate a will one must? Contest that there was fraud or misrepresentation.
The one named in a will to distribute the estate. Executor
The one named by the court when there is no executor to distribute the estate. Administrator
A gift of real property. Devise
The one receiving real property. Devisee
A gift of personal property. Bequest/Legacy
The one receiving personal property. Legatee
If an heir predeceases the testator the share goes to the heirs children is known as. Per stirpes
If an heir is no longer living, their share returns to the estate and is divided out to the other heirs. This is known as. Per capita
Die without anyone, real property goes to the county. Personal property goes to the state where the person physically resided. Escheat
Created by: CharliLynn330