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Mortuary Law 3Q
| Question | Answer |
|---|---|
| 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
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