Funeral Law & Ethics Midterm Study Exam Questions with 100% Correct Answers

What laws are still considered to be some of the most clear and efficient in the world? Correct Answer Napoleonic Code. What type of law is nicknamed the "unwritten law", but ironically more has been written about this type than any other type? Correct Answer Common law. State Boards of funeral service usually have funeral directors and what other group on their Boards? Correct Answer Members of the public. What empowers a state's legislature to enact laws for the protection of the general public's health, safety, and welfare? Correct Answer Police power. Which of these entities would be most likely to give funeral directors "rules and regulations"? (Remember the definition for "rules and regulations") Correct Answer The Federal Trade Commission. What type of law was based on the ideas of the Greek philosophers, especially Socrates? Correct Answer Roman law. The concept of Stare Decisis helps one to refrain from- Correct Answer Having to decide a like case all over again. What U.S. state still uses some Code Napoleon in its legal system? Correct Answer Louisiana. Where would one find a 'niche'? Correct Answer Always in a columbarium. Mortuary law is also known as mortuary __________. Correct Answer Jurisprudence. What person and lawgiver was considered to be the judge of Christendom? Correct Answer The Pope. It should be remembered that- technically- ________ isn't a method of disposition, but actually one step in the disposition process. Correct Answer Cremation. Which of these would NOT be considered as a source of mortuary law? Correct Answer Superior Law. Mortuary law consists of those laws that peculiarly relate to the _____ of the dead. Correct Answer Disposal. If one believes that a decedent can be an object of replevin, then one believes in _______________. Correct Answer The Property Theory. The uniform anatomical gift act allows for- Correct Answer The donation of a body or body parts. The court of _____ is one that has the authority to issue injuctions and other mandatory directions which parties must follow. Correct Answer Equity. Is it possible that dead human remains be cast overboard of an ocean-going vessel if the captain deems it necessary for the protection of health? Correct Answer Yes. Can a dead body be bought or sold? Correct Answer No. Alexander Funeral Home first takes custody or Thomas Duncan. The family decides to call Kentman Mortuary instead of Alexander. Alexander won't release the body until the family pays for the removal and the embalming charge. Kentman calls an attorney and states that they have a right to take custody of Mr. Duncan because he has become an object of replevin. Which of the following statements is TRUE? Correct Answer Kentman CAN take possession by the body- but the body is not considered replevin. What individual wanted more simple laws, but felt that the law should favor those of higher social class? He was also credited with establishing the first malpractice laws. Correct Answer Hammurabi. Maritime law or the Laws of the High Seas emphasizes the authority of a captain over his/her vessel once at sea. In earlier times (100 or more years ago) Should a passenger or crewmember on board the vessel happen to die while on board, and the body is deemed to be a nuisance by the captain- Correct Answer The captain may have the body cast overboard at his discretion. Do the bones of a skeleton constitute a "dead body"? Correct Answer No. The __________ is the primary law of each state. Correct Answer state constitution. If a statute violates a constitutional principle, it is struck down as _______________. Correct Answer Unconstitutional. "Every dead human being is entitled to a decedent burial." This statement has its origins in: Correct Answer Common Law. What legal status of a dead human body do we recognize today? Correct Answer Quasi-Property Theory. The Talmudic Law is largely based on: Correct Answer The Old testament.