Funeral Law and Ethics All Modules Exam Questions with 100% Correct Answers

1.Why should mortuary or funeral students be familiar with mortuary law? Correct Answer TO PROVIDE SUFFICIENT KNOWLEDGE OF THE SUBSTANCE AND OPERATION OF FUNERAL LAW SO THAT THEY CAN FULFILL THEIR DUTIES AND OBLIGATIONS IN A PROFESSIONAL AND ETHICAL MANNER. IDENTIFY LEGAL RELATIONSHIPS, RIGHTS AND DUTIES AND LIABILITIES BETWEEN THE FUNERAL DIRECTOR, DEAD BODY, AND THE CONSUMER.TO RECOGNIZE AND UNDERSTAND LEGAL ISSUES INORDER TO AVOID UNNECCESARY LIABILITY, AND TO SATISFY THE ACADEMIC REQUIREMENTS FOR LICENSURE. 2. Define 'mortuary law': Correct Answer THE RULES AND PRINCIPLES THAT SOCIETY HAS ESTABLISHED FOR THE HANDLING AND DISPOSITION OF THE DEAD. 3. What is the source of 'mortuary law'? Correct Answer STATE LAWS AND REGULATIONS CASE LAW COMMON LAW FEDERAL LAW 4. Explain the nature of 'police power'? Correct Answer POLICE POWER IS DESIGNED TO PROTECT THE GENERAL WELFARE, HEALTH, AND SAFETY OF AN AREA'S CITIZENS. 5. How does 'police power' relate to funeral service and funeral law? Correct Answer THE POLICE POWER OF ANY STATE OR MUNICIPALITY ALLOWS IT TO SET STANDARDS AND REQUIRES LICENSES OF INDIVIDUALS THAT WISH TO PRACTICE A CERTAIN PROFESSION OR TRADE. IT ALLOWS LEGISLATION TO RESTRICT INDIVIDUALS IN THE EXERCISE OF CERTAIN ACTIVITIES SO AS TO PROMOTE THE COMMON GOOD. 6. What is the function of a 'court of equity'? Correct Answer A COURT OF EQUITY HAS THE AUTHORITY TO SETTLE CONTROVERSIES CONCERNING DEAD BODIES. IT ALSO HAS THE AUTHORITY TO ISSUE INJUNCTIONS AND OTHER MANDATORY DIRECTIONS WHICH PARTIES MUST FOLLOW. IF SURVIVORS HAD A DISPUTE REGARDING A DECEDENT'S FINAL DISPOSITION, THEY WOULD APPLY TO A COURT OF EQUITY TO ADJUDICATE THE DISPUTE AND ORDER THE PROPER RESOLUTION. 7. What is the doctrine of 'stare decisis'? Correct Answer ONCE A PARTICULAR ISSUE IS RESOLVED BY A COURT, A PRINCIPLE IS ESTABLISHED WHICH WILL CONTROL FUTURE DECISIONS BY THAT COURT OR LOWER COURTS. IT MEANS "LET THE PAST DECISION STAND". 8. What is meant by the expression 'common law'? Correct Answer IT IS A GREAT BODY OF LAW ERRONEOUSLY CALLED "UNWRITTEN LAW". (PROBABLY HAS MORE IN WRITING ABOUT IT THAN ANY OTHER LAW TYPE...) COMMON LAW CONSISTS OF MAXIMS, PRINCPLES, AND JUDICIAL DECISIONS THAT HAVE BEEN PASSED DOWN FROM HUNDREDS OF YEARS OF JURISPRUDENCE. IT 'FILLS IN THE GAPS' OF OUR LEGAL SYSTEM. 9. What are the various historical branches of law that have contributed to modern-day funeral law? Correct Answer JEWISH LAW, TALMUDIC LAW, LAWS OF THE TALMUD. ADMIRALTY, OR LAWS OF THE SEA, OR MARITIME LAW. ROMAN LAW. CODE NAPOLEON, OR NAPOLEONIC CODE. CHURCH LAW, OR CANON LAW. ANGLO-AMERICAN COMMON LAW. 10. Who was the ruler of Mesopotamia that is credited with being one of the earliest law givers? Correct Answer UR-NAMMU 11. The Laws of the Talmud refers to this type of law: Correct Answer JEWISH LAW OR TALMUDIC LAW 12. What historical laws are still considered to be some of the most clear and efficient laws known in history? Correct Answer CODE NAPOLEON OR NAPOLEONIC CODE 1. To be considered a "dead body", three conditions must be met. What are they? Correct Answer THE BODY OF A DEAD HUMAN BODY, WITHOUT LIFE, AND NOT YET ENTIRELY DISINTEGRATED. 2. What crucial part of the human body is relied upon to determine modern day death? Correct Answer THE BRAIN! 3. Is a skeleton or a decomposing body considered to be a dead body? Correct Answer NO. 4. In early English law, who had control of the dead? Correct Answer THE CHURCH. (CATHOLIC CHURCH IS SOME AREAS, THE CHURCH OF ENGLAND IN OTHER AREAS) 5. In speaking of the legal status of the dead human body, what theory do we practice or recognize today? Correct Answer QUASI-PROPERTY THEORY.