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Law Q3
| Question | Answer |
|---|---|
| 2 most important sources of law | state statues & contract law |
| the body of a human being deprived of life and not entirely disintegrated | dead body |
| the study of those branches of law that pertain to the disposition of dead human bodies | mortuary law |
| irreversible cessation of total brain function according to the usual & customary standards of the medical profession | death |
| expert tests for death | 1. stethoscope 2. opthalmoscope 3. dye injection test 4. elecrocardiogram/electroencephelogram/EKE/EEG |
| inexpert tests for death | 1. pulse test 2. ligature test 3. ammonia injection test 4. heart sound test |
| a body is ____ property | quasi |
| a suit to recover personal property which has been wrongfully withheld from you | suit in replevin |
| suit filed for holding a dead body | suit in equity |
| possession of the body where they are now | actual possession |
| possession of the body when they are elsewhere | constructive possession |
| Order of Right of Disposition | 1. spouse 2. adult children 3. competent parents 4. competent adult siblings |
| A spouse is or is not next of kin? | is not |
| the person the deceased was living with who comes forward to make arrangements and pays the funeral bill | householder |
| secondary right of disposition lies with... | the state |
| a contract between funeral home & a living person or their agent for the providing of a funeral at the time of their death | pre-need contract |
| benefits go to beneficiary of the policy | whole life insurance |
| beneficiary signs over the proceeds to the funeral home | whole life insurance |
| the funeral home ___ be a beneficiary of a whole life insurance policy | cannot |
| policy that is taxable | trust funded |
| interest on an insurance policy ____ taxable | is not |
| interest on a trust funded policy ____ taxable | is |
| option in policy to revoke it | revocable |
| a _____ contract cannot qualify for public aid | revocable |
| option in policy to make it irrevocable | irrevocable |
| a _____ contract can qualify for public aid | irrevocable |
| contract in which the price is locked in | guaranteed |
| contract in which the price is not locked in | non-guaranteed |
| If you enter into a pre-need contract at someone's home, they have ___ business days to cancel | 3 |
| funeral home in possession of body | custodian |
| person who possess personal property of the deceased | bailee |
| place where dead bodies are prepared pending disposition | mortuary |
| place where dead bodies are help pending identification | morgue |
| primary liability for payment of a funeral bill lies with ___________ | the deceased's estate |
| 3 sources of payment for funeral bill | 1. estate 2. spouse 3. person who signed contract |
| the removal of a dead body or the remains thereof from its place of repose | disinterment |
| a place where dead bodies are prepared pending disposition | funeral home (aka mortuary) |
| Funeral homes are governed by ___ ordinances | zoning |
| # of employees (ADA) | 15 |
| You cannot refuse to embalm if a person died from a communicable disease under ____ | ADA |
| Which jurisdiction does OSHA fall under? | Dept of Labor |
| the purpose of OSHA | to protect the nation's employees |
| exceptions to OSHA | 1. self-employed persons 2. persons with no employees |
| OSHA is authorized to... | conduct workplace inspections |
| OSHA requirements for funeral homes | 1. formaldehyde exposure standard 2. hazard communication standard 3. bloodborne pathogen standard |
| time weighted average | less than .75 ppm/8 hours |
| short term exposure limit | less than 2.0 ppm/15 minutes |
| action level | .5 ppm |
| If the TWA is less than ___ ppm, no action is needed | .5 |
| If the TWA is ___ ppm - ____ ppm, remedial action required | .5 - .75 |
| safety data sheets | hazard communication standard |
| An employer must provide Hep B vaccinations to employee's at the funeral home's expense under which OSHA standard? | bloodborne pathogen |
| amendement to the bloodborne pathogen standard | needle stick safety & prevention act |
| requires protection policy for sharps | needle stick safety & prevention act |
| GPL requirements | name of FH, address, phone #, fax #, title, effective date |
| the only non-declinable charge on the GPL | basic services fee |
| # of mandatory items on GPL | 16 |
| # of mandatory disclosures on GPL | 6 |
| GPL mandatory disclosures | 1. consumer has a choice 2. service fee is non-declinable 3. right to decline embalming/not required by law 4. casket price list 5. outer burial container price list 6. alternate container |
| contain certain caskets & OBCs together at a discounted price | package funerals |
| The GPL must be distributed immediately upon discussing... | 1. prices 2. goods 3. services 4. disposition |
| The GPL must be given to the consumer... | for their retention |
| requirements of casket price list | 1. name of FH 2. title 3. effective date 4. every casket offered |
| requirements of OBC price list | 1. name of FH 2. title 3. effective date 4. disclosure that OBCs are not required by law |
| The Statement of Funeral Goods & Services Selected must be... | itemized |
| The SFGSS is given to the consumer when? | at conclusion of arrangements conference |
| act concerning warranties | Magnuson-Moss Warranty Act |
| seller requires the buyer to buy a certain item from seller as a condition for the seller to provide the service **not allowed** | tying arrangement |
| a document that legally disposes of a person's property at the time of their death | will |
| the person that draws up a will | testator |
| a person cannot disinherit... | their spouse |
| died without a will | intestate |
| to disinherit children... | 1. expressly disinherit them 2. leave them a nominal sum |
| cannot forever hold title to your property after death | rule against perpetuities |
| title to property must vest in a person within ____ years | 21 |
| a will written entirely in handwriting of testator | holographic will |
| oral will declared by testator to be their will in the presence of witnesses | nun-cupative |
| "soldier's will" or "sailor's will" | nun-cupative |
| a writing that modifies a will | codicil |
| _____ will revoke a will | divorce |
| afterborns receive the share... | they would have gotten if you died intestate |
| if an estate does not have sufficient funds to pay all its debts, to comply with terms of will, then heirs who were to take under will, will only get a proportional share of intended gift | abatement |
| if a specific item given under a will is destroyed, no longer in existence, or not owned by testator at the time of death, then person who was supposed to receive item gets nothing | ademption |
| administers will and estates | probate court |
| a gift of real property | devise |
| person receiving real property | devisee |
| a gift of personal property | bequest/legacy |
| person receiving personal property | legatee |
| person named in will by testator to administer estate | executor |
| person appointed by court to administer estate, when no executor is named | administrator |
| heir under will dies before testator & their share goes to deceased's decedents (vertically) | per stirpes |
| per head, each person, if a taker under will predeceases testator, then their share goes to the surviving members of same class (laterally) | per capita |
Created by:
leahmurphy
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