STATE MORTUARY LAW EXAM 2024-2025 ACTUAL EXAM
250 QUESTIONS AND CORRECT DETAILED ANSWERS
MORTUARY LAW/FUNERAL SERVICE LAW - ✔✔ANSWER✔✔>>That branch of
law which relates to matters concerned with the disposition of the dead.
SOURCES OF MORTUARY LAW:
CONSTITUTION
STATUTES
COMMON LAW
CASE LAW
RULE OF PRIORITY - RIGHT TO CONTROL DISPOSITION -
✔✔ANSWER✔✔>>Surviving Spouse
Next-of-kin (The designation of the next of kin follows the blood line with the
children being the nearest in degree, followed by parents, and then brothers
and sisters of the decedent. )
Factors affecting the general rule of priority:
Wishes of the decedent
Special relationships
Waiver
Statutory exceptions
Personal Representative-executor or
administrator
Decedent's guardian-
A judicial appointment of a person to
administer the affairs of another person who is
incompetent by virtue of age or legal disability.
Volunteer
State or government agency
TORT - ACTIONABLE - ✔✔ANSWER✔✔>>(most common is negligence)
You have a duty
Duty is breached
,Harm resulted from the breach
Breach was proximate cause of harm
LIENS - ✔✔ANSWER✔✔>>a claim or charge against property for payment
of some debt andreplevin (an action to recover
possession of personal property wrongfully taken or detained), DO NOT apply to
a dead human body.
Refusal to surrender upon command.
DRIVERS - VOLUNTEER, AGENT, LIVERY - ✔✔ANSWER✔✔>>Volunteer
drivers(of people attending a
funeral)
Not an agent of funeral director, but can they
be?
Funeral director has no control, but are they
under his direction?
Funeral director usually has no liability, however, under certain conditions,
liability does exist.
Agent Drivers
Funeral director has control
Funeral director has liability
Livery drivers-funeral director liable if he
holds out such cars and drivers as his own.
Volunteer drivers-under certain conditions,
funeral director may be liable if he holds out
such cars and drivers as his own.
Anyone who disrupts a funeral or procession
is guilty of a crime.
TORTS - AS A RESULT OF ERROR IN DISPOSITION - ✔✔ANSWER✔✔>>Loss of
body
Wrongful cremation
Wrong grave
Wrong crypt
Water in grave
,MENTAL ANQUISH - ✔✔ANSWER✔✔>>Intentional Act- Permits recovery of
damages when the defendant's conduct is "intentional, wrongful, outrageous,
reckless and malicious and done with the intention of causing
distress."
Outrageous Act- An act with complete
disregard for proper conduct.
Gross Negligent Act- Defendant's wrongful conduct is so malicious or reckless
that it appears intentionally calculated;reckless disregard for human life or
property.
Personal Service Contract- Involves
such personal knowledge, skills or
confidence that it can only be performed by the person with whom it is made;
both parties should recognize that any breach will usually cause mental anguish.
The contract is not concerned with trade and commerce but life and death and
matters of mental concern.
DAMAGES - ✔✔ANSWER✔✔>>A legal action is necessary (requires a jury and
seeks monetary damages).
LAW - ✔✔ANSWER✔✔>>A rule of action prescribed by an authority able to
enforce its will.
STATUTES - ✔✔ANSWER✔✔>>A particular law enacted by a legislative body
(state law).
ORDINANCE - ✔✔ANSWER✔✔>>A law passed by a municipal governing body
pertaining to matters not already covered by federal or state law. (Ordinances
are made by a city or county. i.e. zoning, building, safety)
FTC - FEDERAL TRADE COMMISSION - ✔✔ANSWER✔✔>>The FTC's Funeral
Rule was placed into effect in 1984 and revised in 1994.
Primary purposes of funeral rule:
◦ a.) gives consumers right to select funeral goods and services they wish to
purchase
◦ b.) provides access to detailed, itemized price information prior to purchase
decisions
◦ c.) prevents misrepresentations and unfair,
deceptive trade practices in sale of goods and
services
, The Funeral Rule requires funeral directors
to distribute a series of price lists and
documents to consumers during various
stages of funeral arrangements.
Any entity that offers to sell or that does
sell funeral goods andfuneral services is
subject to FTC rules.
NOTE: If an entity sells only caskets and
vaults, it is not subject to the Rule.
FTC requires that at least sixteen goods and
services must be separately itemized on the
GPL.
Funeral homes are required to list only those
goods and services if they offer them for sale.
Otherwise, they may be deleted.
Likewise, if additional goods and services are
offered, they must be separately itemized. All
goods and services should be listed on the
GPL as a matter of practice.
FEDERAL LAW - ✔✔ANSWER✔✔>>The federal government has emerged as a
major source of regulation for the funeral director. FTC- OSHA-ADA
OSHA - OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION -
✔✔ANSWER✔✔>>Occupational Safety & Health
Administration
Enacted in 1970 by Congress.
Created a branch within the Dept. of Labor.
Implements safety and health programs to employees.
Institutes recording and recordkeeping
systems to track job-related injuries, illness.
Establishes training programs.
Develops and enforces mandatory job
standards.
250 QUESTIONS AND CORRECT DETAILED ANSWERS
MORTUARY LAW/FUNERAL SERVICE LAW - ✔✔ANSWER✔✔>>That branch of
law which relates to matters concerned with the disposition of the dead.
SOURCES OF MORTUARY LAW:
CONSTITUTION
STATUTES
COMMON LAW
CASE LAW
RULE OF PRIORITY - RIGHT TO CONTROL DISPOSITION -
✔✔ANSWER✔✔>>Surviving Spouse
Next-of-kin (The designation of the next of kin follows the blood line with the
children being the nearest in degree, followed by parents, and then brothers
and sisters of the decedent. )
Factors affecting the general rule of priority:
Wishes of the decedent
Special relationships
Waiver
Statutory exceptions
Personal Representative-executor or
administrator
Decedent's guardian-
A judicial appointment of a person to
administer the affairs of another person who is
incompetent by virtue of age or legal disability.
Volunteer
State or government agency
TORT - ACTIONABLE - ✔✔ANSWER✔✔>>(most common is negligence)
You have a duty
Duty is breached
,Harm resulted from the breach
Breach was proximate cause of harm
LIENS - ✔✔ANSWER✔✔>>a claim or charge against property for payment
of some debt andreplevin (an action to recover
possession of personal property wrongfully taken or detained), DO NOT apply to
a dead human body.
Refusal to surrender upon command.
DRIVERS - VOLUNTEER, AGENT, LIVERY - ✔✔ANSWER✔✔>>Volunteer
drivers(of people attending a
funeral)
Not an agent of funeral director, but can they
be?
Funeral director has no control, but are they
under his direction?
Funeral director usually has no liability, however, under certain conditions,
liability does exist.
Agent Drivers
Funeral director has control
Funeral director has liability
Livery drivers-funeral director liable if he
holds out such cars and drivers as his own.
Volunteer drivers-under certain conditions,
funeral director may be liable if he holds out
such cars and drivers as his own.
Anyone who disrupts a funeral or procession
is guilty of a crime.
TORTS - AS A RESULT OF ERROR IN DISPOSITION - ✔✔ANSWER✔✔>>Loss of
body
Wrongful cremation
Wrong grave
Wrong crypt
Water in grave
,MENTAL ANQUISH - ✔✔ANSWER✔✔>>Intentional Act- Permits recovery of
damages when the defendant's conduct is "intentional, wrongful, outrageous,
reckless and malicious and done with the intention of causing
distress."
Outrageous Act- An act with complete
disregard for proper conduct.
Gross Negligent Act- Defendant's wrongful conduct is so malicious or reckless
that it appears intentionally calculated;reckless disregard for human life or
property.
Personal Service Contract- Involves
such personal knowledge, skills or
confidence that it can only be performed by the person with whom it is made;
both parties should recognize that any breach will usually cause mental anguish.
The contract is not concerned with trade and commerce but life and death and
matters of mental concern.
DAMAGES - ✔✔ANSWER✔✔>>A legal action is necessary (requires a jury and
seeks monetary damages).
LAW - ✔✔ANSWER✔✔>>A rule of action prescribed by an authority able to
enforce its will.
STATUTES - ✔✔ANSWER✔✔>>A particular law enacted by a legislative body
(state law).
ORDINANCE - ✔✔ANSWER✔✔>>A law passed by a municipal governing body
pertaining to matters not already covered by federal or state law. (Ordinances
are made by a city or county. i.e. zoning, building, safety)
FTC - FEDERAL TRADE COMMISSION - ✔✔ANSWER✔✔>>The FTC's Funeral
Rule was placed into effect in 1984 and revised in 1994.
Primary purposes of funeral rule:
◦ a.) gives consumers right to select funeral goods and services they wish to
purchase
◦ b.) provides access to detailed, itemized price information prior to purchase
decisions
◦ c.) prevents misrepresentations and unfair,
deceptive trade practices in sale of goods and
services
, The Funeral Rule requires funeral directors
to distribute a series of price lists and
documents to consumers during various
stages of funeral arrangements.
Any entity that offers to sell or that does
sell funeral goods andfuneral services is
subject to FTC rules.
NOTE: If an entity sells only caskets and
vaults, it is not subject to the Rule.
FTC requires that at least sixteen goods and
services must be separately itemized on the
GPL.
Funeral homes are required to list only those
goods and services if they offer them for sale.
Otherwise, they may be deleted.
Likewise, if additional goods and services are
offered, they must be separately itemized. All
goods and services should be listed on the
GPL as a matter of practice.
FEDERAL LAW - ✔✔ANSWER✔✔>>The federal government has emerged as a
major source of regulation for the funeral director. FTC- OSHA-ADA
OSHA - OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION -
✔✔ANSWER✔✔>>Occupational Safety & Health
Administration
Enacted in 1970 by Congress.
Created a branch within the Dept. of Labor.
Implements safety and health programs to employees.
Institutes recording and recordkeeping
systems to track job-related injuries, illness.
Establishes training programs.
Develops and enforces mandatory job
standards.
