Funeral Law Midterm Review FSE2080 with Complete Solutions!!

Define preemption - 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 - ANSWER-empowers state legislature to enact laws for protection of general welfare, safety and health. Statutes Compare and contrast an ordinance and statute - ANSWER--Ordinance is local pertaining to matters not already covered by a federal or state law. -Statute is enacted by legislative body (state) Define property theory as it relates to dead bodies - 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. Define the non-property theory as it relates to dead bodies - 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. Define the quasi- property theory as it relates to dead bodies. - 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? - ANSWER-The Quasi Property List the 5 modes (methods) of disposition - ANSWER-1. Burial 2. Entombment 3.Cremation 4.Burial at Sea