MCC MORTUARY SCIENCE LAW EXAM 1 WITH BEST SOLUTIONS

MCC MORTUARY SCIENCE LAW EXAM 1 WITH BEST SOLUTIONS Mortuary Law and Mortuary Jurisprudence - ANSWER Funeral Service Law is also known as? Mortuary Law, Funeral Service law, or Mortuary jurisprudence - ANSWER That body of law which relates to matters concerned with the disposition of the dead and the regulation of funeralization Law - ANSWER A rule of action prescribed by an authority able to enforce its will? Statute - ANSWER A law enacted by a federal or state legislative body Constitution - ANSWER The basic law adopted by the federal or state legislatures governing the nature, function and setting limits on a group of people. Police Power - ANSWER The inherent power of every government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens. Licensure, Business Operations, and Health Standards - ANSWER The exercise of police power might include? Administrative Agency - ANSWER A governmental body created by legislation empowered to regulate an industry and issue rules and regulations Administrative law - ANSWER That body of law created by Federal and State administrative agencies to implement their powers and duties in the form of rules, regulations, orders, and decisions. OSHA, FTC, and State board - ANSWER Which of the following is an example of an Administrative Agency Rules and Regulations - ANSWER Administrative law comes to us in the form of? Ordinance - ANSWER A law passed by a local municipal governing body Zoning laws, Building Codes, and Safety Laws (speed limits, school zones, etc.) - ANSWER Which of the following would be an example of an ordinance? Case Law - ANSWER Decisions at law which establish precedent and principle? Common Law - ANSWER Non Legislated principles and rules of action predicated upon usage and custom Common Law - ANSWER Unwritten Law also known as? Corpse - ANSWER Dead human body at law? Dead human body-corpse - ANSWER The body of a dead human being, deprived of life, but not yet entirely disintegrated (varies among the several states) Death - ANSWER The total and irreversible cessation of all metabolic activity Death - ANSWER The cessation of life Death - ANSWER A permanent cessation of all vital functions and signs Ecclesiastical law - ANSWER Historically, the no property theory was held by because in England at that time the body was considered to be the property of the church. Quasi-Property Theory - ANSWER The currently accepted view of the property and property rights in a dead human body in the United States is the? Quasi-Property Theory - ANSWER Rights associated with the dead body are as if it were property for the purpose of disposition only Injunction - ANSWER The two elements necessary for property All of these - ANSWER Which of the following are means of final disposition: 1-interment, 2-burial at sea, 3-entombment, 4-cremation, 5-donation. Final disposition - ANSWER The conclusive act of service with respect to the dead human body Uniform Anatomical Gift Act - ANSWER A law permitting a person of legal age and sound mind to give all or any part of his body to take effect upon his death or gives the right to another Injunction - ANSWER A court order forbidding a person from doing a certain act Replevin - ANSWER Action to recover through the court an item or its value that has been wrongfully detained or altered form its original condition Body part - ANSWER In the Uniform Anatomical Gift Act- an organ, tissue, eye, body, artery, blood, other fluids and other portions of a human body for transplantation. All of these - ANSWER Which of the following play a part in the requirements for decent burial/final disposition: 1-community standards, 2-wishes of decedent, 3-wishes of survivors, 4-public interest, 5-statutes. All of these - ANSWER Which of the following are those that receive the primary duty of decent burial: 1-house holder, 2-surviving spouse, 3-next of kin, 4-public authorities. Duty - ANSWER Obligatory tasks, conduct, service, or function that arise from one's position in life. 2, 4, 6, 5, 3, 1 - ANSWER Primary right of final disposition (put in the proper order) 1-Volunteer 2-Decedent's Wishes 3-Decedent's Guardian 4-Personal representative 6-Next of kin Pre-arrangements, Will or other documents, or other declarations by the decedant - ANSWER The decedent's wishes may be discovered from? A divorced spouse is not a surviving spouse and has no say in disposition - ANSWER Effect of divorce on the right of the surviving spouse? Still the surviving spouse - ANSWER Surviving spouse (separation or estrangement) 2, 1, 3 - ANSWER Next of kin (degree of kindred)- 1-Parents 2-Adult children 3-Brother and sisters Guardian - ANSWER A judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age or legal disability: State, County, or Local Government - ANSWER The secondary right of disposition usually lies with the? Actual Custody - ANSWER The physical possession of the dead human body Constructive Custody - ANSWER Where a party has a right to acquire actual custody/possession of the dead body although another party has actual physical possession All of these - ANSWER Which of the following are rights of the party having priority for disposition of the body: 1-custody of body, 2-ability to convey custody, 3-superintend the funeral, 4-do that which is necessary to effect final disposition, 5-act as trustee for survivors, 6- settle survivor disputes. Funeral Director - ANSWER A person properly licensed, engaged in, or conducting, or holding him or herself out of being engaged in preparing, other than by embalming, for the burial or disposition of dead human bodies and or , maintaining or operating a funeral establishment for the preparation and disposition, or for the care of dead human bodies. Trustee - ANSWER One who holds title to property or another position of trust to a beneficiary; in funeral arrangements, the person who has the right to control funeral does so on behalf of all survivors All of these - ANSWER Which of the following may have liability for funeral expenses: 1-Parties to the funeral contract 2-Decedent's estate 3-Common law 4-Volunteer 5-Public authority Express, Implied, Quasi - ANSWER Contracts may be? Express contract - ANSWER Contract in which the agreement is specifically stated Implied Contract - ANSWER Contract form from the actions of the parties Quasi Contract - ANSWER A fictional contract created or implied by a court for a person who is unable to contract for himself (i.e. medical, care, death): Quasi Contract - ANSWER An obligation which law creates in the absence of agreement, is invoked by courts where there is unjust enrichment. The function is to raise obligation in law here in fact the parties made no promises. All of these - ANSWER Limitations on the decedent's estate for funeral expenses: 1-size of estate 2-status in life of the deceased 3-reasonableness of charges 4-funeral director's knowledge of decedent's financial condition 5-local or ethnic customs All of these - ANSWER In filing claims against an estate: which of the following have generally been allowable cost items of a funeral: 1-embalming, 2-professional services, 3-facilities, 4-casket, 5-clothing, 6-transportation, 7-cemetery/cremation costs, 8-headstone/monument, 9-flowers, 10-newspaper notices, 11-outer burial container