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Mortuary Law

QIII Final

the study of those branches of the law which relate to matters growing out of the disposition of a dead human body mortuary law
do more federal laws or state laws regulate mortuary law? state laws
the legislature uses their right of ____ _____ as their authority to enact laws police power
two federal regulators of mortuary law OSHA, FTC
the body of a human deprived of life and not entirely disintegrated dead body
irreversible cessation of brain function death
are bodies property per se? no, quasi property
t/f: under old maritime law, a sea captain could bury at sea true
who has the primary right of disposition? spouse
when the FH places the body on the cot, it is said to have ____ possession actual
the FH with possession of the body is termed the custodian
if a person dies in a health facility or outside the home, the person with the right of disposition can still make decisions, called ____ possession constructive
if no one has the primary right of disposition, who has the secondary right? the state
do you need a written contract for funeral service? no
the rights of the FD arise from what two sources of law? statutory law, common law
a contract between a FH and a person or someone else to provide for services/merchandise before a death occurs preneed contract
a person who owns a home where the deceased has been residing. if there is no next of kin, does this person have a duty to dispose of the deceased? householder, yes.
when a person with personal property gives it over without passage of title bailment
person who bails property bailor
person who receives bailed property bailee
place where dead bodies are prepared for proper disposal mortuary
place where dead bodies are held pending identification morgue
place in a mortuary where the actual prepping takes place prep room
t/f: the FH as custodian of a body must exercise reasonable ordinary care of the body true
for preneed: interest gained on a trust fund is taxable, t/f? true
for preneed: interest gained on an insurance policy is taxable, t/f? false
if you sell in someone's home, the purchaser can cancel at anytime for any reason within _____ days. this rule is called. 3 days, FTC door-to-door regulation rule
is the FH liable for ensuring burial is done in the proper grave? yes
in procession, the FH is considered a ____ carrier for the body private carrier
the FH is liable for mourners in procession, t/f? true
is the FH a semi-public, private, or public place? semi-public
a statement of the monetary value of the services rendered and merchandise sold by the FH for the disposition of a dead body funeral bill
the real and personal property at the death of an individual estate
who is primarily responsible for a funeral bill? the estate
estate: when more assets than liabilities solvent
estate: when more debts than assets insolvent
theory of "preferred claim" says _____ is the first one paid by the estate the funeral director
besides the estate, who is obligated to pay a funeral bill? whoever signed the contract
for an insolvent estate, are grave flowers and large monuments allowable? no
what is the most sanitary method of disposition? cremation
the removal of a dead body or remains from its place of repose after disposition has been completed exhumation/disinterment
t/f: the right of disposition also means the right to disinterment false
this statute says each spouse is obligated to pay for necessities of the other spouse during the course of the marriage, including funeral expenses family expense statute
government takeover of private land is allowable according to eminent domain
disinterment may be done only for which two reasons public or private
livery drivers are considered ____ drivers agent
is the FH liable for negligence of a mourner in procession? no
under common law, who was liable for funerals of wife and children? if this person died, who was liable for payment of their services? husband, estate
a place where dead bodies are prepared pending disposition, also a fixed place for conducting funerals funeral home
t/f: FHs are not nuisances per se true
how is the funeral home location itself regulated? zoning ordinances
if you have ____ employees or more, you must comply with with the Americans with Disabilities Act 15
a place where dead bodies are buried cemetery
license to use cemetery land for interment by individual plot owner's is considered an ______ right easement right
statute which governs express and implied warranties, specifically liabilities for caskets Magnusson-Moss Warranty Act
court which administers wills and estates probate court
a person who draws up a will testator
to be a valid testator, you must be at least ____ years old 18
if you die without a will, you are said to have died intestate
a writing which provides for the legal dispensation of a person's real and personal property will
only person who can not be disinherited in a will the spouse
statute which governs the laws and administrations of estates, enacted by each state probate act
federal example of the probate act uniform probate code
once you die, title to your property must be transferred to an inheritor within ____ years. this theory is called: 21 years, rule against perpetuities
a will written entirely in the long hand of the testator holographic will
oral wills given on death beds are called. this provides for the transfer of what kind of property only? nuncupative will, personal property only
a document drawn up and attached to the will as a modification codicil
law designating who inherits when the deceased dies intestate law of descent and distribution
how much of the estate does the spouse get? 50%
do wills require notarization? no
two terms for children who were born after a will was promulgated posthumous children, afterborns
if the estate cannot provide the full inheritance within a will, parties will then receive a proportionate share. this is called: abatement
if a testator leaves property which no longer exists at death, the inheritor gets nothing. this is called: ademption
when a testator leaves real property, it is called a _____. the recipient of the property is called the: devise, devisee
when a testator leaves personal property it is called a (2 terms). the recipient is called the: bequest/legacy, legatee
someone who administers a will executor
one who inherits from a will heir
when funds are distributed equally per person per capita
when a lineal descendant dies before the testator, his lineal descendant takes on the share per stirpes
when was the FTC funeral rule established 1984
when was the FTC funeral rule revised 1994
how many mandatory disclosures are required by the FTC funeral rule 16
an itemization of all prices of services and merchandise you offer GPL
the four requirements for the GPL heading FH name, address, phone number, and the effective date of the prices
the only non-declinable item on the GPL basic service fee
can you charge extra for embalming a contagious disease? no
t/f: you must disclose that the consumer has the right to decline embalming true
when must you distribute the GPL anytime there is a face-to-face inquiry or conversation regarding your goods and services and their prices
a written itemization of all services and merchandise that you sell to a particular client statement of funeral goods and services selected
when must you hand over the SFGSS to the family? at the conclusion of the arrangement conference
if an FD tells the consumer that they will only offer their services if the consumer purchases a casket from them, it's called a ______ arrangement. is this legal? tying arrangement, no it's illegal
how long must you retain all price lists after they are no longer effective? one year from the date they were last effective
what is the only business exception to OSHA compliance? a sole proprietor with no other employees
general OSHA requirements that apply to all businesses: (3) exit signs, fire extinguishers, marking of outlets
3 specific OSHA FH standards formaldehyde exposure standard, hazard communication standard, bloodborne pathogen standard
twa time weighted average
the time weighted average of formaldehyde monitoring is taken over a ____ hour period, and should read no more than _____ ppm of formaldehyde 8 hours, .75 ppm
stel short term exposure limit
short term exposure limit is taken over how many minutes? cannot exceed how many ppms of formaldehyde? 15 minutes, 2.0ppm
the action level must not exceed how many ppm? .5ppm
Created by: amyziolkowski



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