FUNERAL LAW MIDTERM REVIEW
FSE2080 EXAM | QUESTIONS &
ANSWERS (VERIFIED) | LATEST
UPDATE | GRADED A+
PR
List 3 Federal agencies which have enacted administrative rules and regulations that
pertain to funeral services
Correct Answer: OSHA, FTC and EPA
O
Occupational Safety and Health Regulations
FD
Federal Trade Commission
Environmental Protection Agency
O
Zoning laws fall under which source of funeral service law?
Correct Answer: State and Local laws
C
Define preemption
Correct Answer: Dispute exist between federal and state laws. Federal law would be
followed as the more stringent.
Define police powers as it refers to statutory law
1
,Correct Answer: empowers state legislature to enact laws for protection of general
welfare, safety and health. Statutes
Compare and contrast an ordinance and statute
Correct Answer: -Ordinance is local pertaining to matters not already covered by a
federal or state law.
-Statute is enacted by legislative body (state)
PR
Define property theory as it relates to dead bodies
Correct Answer: The dead body is property of the next of kin. The next of kin could
sell body if desired. This has never been held as a valid property law.
O
FD
Define the non-property theory as it relates to dead bodies
Correct Answer: Considered a spiritual matter, therefore the church had the right to
take possession of the body. This was done in Europe hundreds of years ago.
O
Define the quasi- property theory as it relates to dead bodies.
C
Correct Answer: The body is not personal property. Rights go the next of kin in
regards of having authority of direct disposition.
Which property theory (property, non-property, quasi) is currently the only accepted
theory relative to treatment of dead bodies?
Correct Answer: The Quasi Property
2
,List the 5 modes (methods) of disposition
Correct Answer: 1. Burial
2. Entombment
3.Cremation
4.Burial at Sea
5.Anatomical Donation
PR
According to the Environmental Protection Agency, what is the required water depth to
bury a body at sea?
Correct Answer: 600 feet. However, in certain areas, the requirement is 1800 feet
O
FD
Give an example of an implied oral contract that is binding relative to funeral services
Correct Answer: When a family has left instructions at a nursing home to call a
specific funeral home.
O
Define consanguinity
C
Correct Answer: Blood relation of a person. Determines the next of kiin
Be able to list the order of persons who have the right of disposition. This includes
knowing the rights of the spouses, divorced spouses, separated spouses, children,
adopted children, step children, siblings and parents
3
, Correct Answer: Surviving spouse (unless spouse has been arrested for committing
a crime against the deceased, which could be related to the death)
Adult children
Parents
Adult siblings
Adult grandchild
Grandparents
Other relatives
PR
Be prepared to determine who has the right of disposition if a dispute arises. Know the
difference between a dispute between 2 persons within the same right of disposition,
O
such as sisters of the deceased and a dispute between 2 persons of different rights of
FD
disposition such as a parent and daughter
Correct Answer: If not within the same right, the wishes of the highest right of
disposition needs to be followed.
O
If in the same right, wait until an agreement is reached or a court order.
C
Define stare decisis
Correct Answer: Previous similar legal decisions will be followed.
According to the EPA, how many nautical miles offshore must a ship be in order to bury
a body at sea?
Correct Answer: 3 nautical miles
4
FSE2080 EXAM | QUESTIONS &
ANSWERS (VERIFIED) | LATEST
UPDATE | GRADED A+
PR
List 3 Federal agencies which have enacted administrative rules and regulations that
pertain to funeral services
Correct Answer: OSHA, FTC and EPA
O
Occupational Safety and Health Regulations
FD
Federal Trade Commission
Environmental Protection Agency
O
Zoning laws fall under which source of funeral service law?
Correct Answer: State and Local laws
C
Define preemption
Correct Answer: Dispute exist between federal and state laws. Federal law would be
followed as the more stringent.
Define police powers as it refers to statutory law
1
,Correct Answer: empowers state legislature to enact laws for protection of general
welfare, safety and health. Statutes
Compare and contrast an ordinance and statute
Correct Answer: -Ordinance is local pertaining to matters not already covered by a
federal or state law.
-Statute is enacted by legislative body (state)
PR
Define property theory as it relates to dead bodies
Correct Answer: The dead body is property of the next of kin. The next of kin could
sell body if desired. This has never been held as a valid property law.
O
FD
Define the non-property theory as it relates to dead bodies
Correct Answer: Considered a spiritual matter, therefore the church had the right to
take possession of the body. This was done in Europe hundreds of years ago.
O
Define the quasi- property theory as it relates to dead bodies.
C
Correct Answer: The body is not personal property. Rights go the next of kin in
regards of having authority of direct disposition.
Which property theory (property, non-property, quasi) is currently the only accepted
theory relative to treatment of dead bodies?
Correct Answer: The Quasi Property
2
,List the 5 modes (methods) of disposition
Correct Answer: 1. Burial
2. Entombment
3.Cremation
4.Burial at Sea
5.Anatomical Donation
PR
According to the Environmental Protection Agency, what is the required water depth to
bury a body at sea?
Correct Answer: 600 feet. However, in certain areas, the requirement is 1800 feet
O
FD
Give an example of an implied oral contract that is binding relative to funeral services
Correct Answer: When a family has left instructions at a nursing home to call a
specific funeral home.
O
Define consanguinity
C
Correct Answer: Blood relation of a person. Determines the next of kiin
Be able to list the order of persons who have the right of disposition. This includes
knowing the rights of the spouses, divorced spouses, separated spouses, children,
adopted children, step children, siblings and parents
3
, Correct Answer: Surviving spouse (unless spouse has been arrested for committing
a crime against the deceased, which could be related to the death)
Adult children
Parents
Adult siblings
Adult grandchild
Grandparents
Other relatives
PR
Be prepared to determine who has the right of disposition if a dispute arises. Know the
difference between a dispute between 2 persons within the same right of disposition,
O
such as sisters of the deceased and a dispute between 2 persons of different rights of
FD
disposition such as a parent and daughter
Correct Answer: If not within the same right, the wishes of the highest right of
disposition needs to be followed.
O
If in the same right, wait until an agreement is reached or a court order.
C
Define stare decisis
Correct Answer: Previous similar legal decisions will be followed.
According to the EPA, how many nautical miles offshore must a ship be in order to bury
a body at sea?
Correct Answer: 3 nautical miles
4
