Funeral Law 2 Actual Exam Questions
& Answers Graded A+
Funeral Service (Mortuary Law) - CORRECT ANSWER-It is derived largely from the
anglo-american common law
- that distinct branch of the law that deals with the rules of conduct/action governing the
FD in his/her legal relations
Funeral Service Mortuary Law
(from glossary) - CORRECT ANSWER-that branch of law which relates to matters
concerned with the disposal of the dead and regulation of funeral directors/embalmers &
funeral establishments
Sources of Funeral Service Law - CORRECT ANSWER-1. Constitutional
2. Legislative
3. Administrative
4. Contract law
5. Case law
6. Common Law
Define Funeral Service Laws - CORRECT ANSWER-historically are the expression or
rules/principals of action & conduct which society by experience has found necessary &
beneficial in expediting the task of disposing of the dead
Constitutional (FS Law) - CORRECT ANSWER-U.S. Constitution is supreme law of the
land
a. The Federal Constitution/US Supreme Court
,b. State Constitution: State Supreme Court
(professional regulators at the state level)
Legislative (FS Law) - CORRECT ANSWER-a. Federal statutes enacted by organized
legislative bodies
b. State statutes - if conflicts, Fed law rules
c. Municipal ordinances, City ordinances, etc.
d. Exercise polic power
Exercise policy power
(Legislative/FS law) - CORRECT ANSWER-is the inherent power of every sovereignty
to pass reasonable laws to protect the safety, health, morals of general citizens
3 types of Legislative items in FS Law - CORRECT ANSWER-1. Licensure
2. Health standards
3. Business Operations
Administrative (FS Law) - CORRECT ANSWER-a. Federal rules/regulations
b. State rules/regulations
c. Administrative agencies-rule making power
Examples of Administrative agencies - CORRECT ANSWER-1. FTC (Federal Trade
Commission)
2. State boards
3. Health deparatment
Contract law (FS Law)
, - as in Bus Law book - CORRECT ANSWER-rules of conduct for the performance of
business transactions
Case law (FS Law) - CORRECT ANSWER-a. Federal
b. State
c. Stare decision - stand by decision
d. Precedent
Precedent - CORRECT ANSWER-decision of the court which is thereafter followed as
an example in subsequent cases
Common Law (FS Law) - CORRECT ANSWER-source of much of our law today
- non legislated principles/rules of action predicated upon usages & customs
- a system of jurisprudence ased on judicial precedents rather that statutory law
Definitions of death vary from state to state; examples are - CORRECT ANSWER-a.
Clinical death - absence of all vital signs
b. brain death - total & irrerversable (indicated by flat EEG reading)
Criteria for The Dead Human Body (corpse) - CORRECT ANSWER-a. Human
(identified or unidentified)
b. deprived of live
c. not entirely disintegrated
- dust of a long dead body is not a body
- bones of skeleton is not classified as a body
& Answers Graded A+
Funeral Service (Mortuary Law) - CORRECT ANSWER-It is derived largely from the
anglo-american common law
- that distinct branch of the law that deals with the rules of conduct/action governing the
FD in his/her legal relations
Funeral Service Mortuary Law
(from glossary) - CORRECT ANSWER-that branch of law which relates to matters
concerned with the disposal of the dead and regulation of funeral directors/embalmers &
funeral establishments
Sources of Funeral Service Law - CORRECT ANSWER-1. Constitutional
2. Legislative
3. Administrative
4. Contract law
5. Case law
6. Common Law
Define Funeral Service Laws - CORRECT ANSWER-historically are the expression or
rules/principals of action & conduct which society by experience has found necessary &
beneficial in expediting the task of disposing of the dead
Constitutional (FS Law) - CORRECT ANSWER-U.S. Constitution is supreme law of the
land
a. The Federal Constitution/US Supreme Court
,b. State Constitution: State Supreme Court
(professional regulators at the state level)
Legislative (FS Law) - CORRECT ANSWER-a. Federal statutes enacted by organized
legislative bodies
b. State statutes - if conflicts, Fed law rules
c. Municipal ordinances, City ordinances, etc.
d. Exercise polic power
Exercise policy power
(Legislative/FS law) - CORRECT ANSWER-is the inherent power of every sovereignty
to pass reasonable laws to protect the safety, health, morals of general citizens
3 types of Legislative items in FS Law - CORRECT ANSWER-1. Licensure
2. Health standards
3. Business Operations
Administrative (FS Law) - CORRECT ANSWER-a. Federal rules/regulations
b. State rules/regulations
c. Administrative agencies-rule making power
Examples of Administrative agencies - CORRECT ANSWER-1. FTC (Federal Trade
Commission)
2. State boards
3. Health deparatment
Contract law (FS Law)
, - as in Bus Law book - CORRECT ANSWER-rules of conduct for the performance of
business transactions
Case law (FS Law) - CORRECT ANSWER-a. Federal
b. State
c. Stare decision - stand by decision
d. Precedent
Precedent - CORRECT ANSWER-decision of the court which is thereafter followed as
an example in subsequent cases
Common Law (FS Law) - CORRECT ANSWER-source of much of our law today
- non legislated principles/rules of action predicated upon usages & customs
- a system of jurisprudence ased on judicial precedents rather that statutory law
Definitions of death vary from state to state; examples are - CORRECT ANSWER-a.
Clinical death - absence of all vital signs
b. brain death - total & irrerversable (indicated by flat EEG reading)
Criteria for The Dead Human Body (corpse) - CORRECT ANSWER-a. Human
(identified or unidentified)
b. deprived of live
c. not entirely disintegrated
- dust of a long dead body is not a body
- bones of skeleton is not classified as a body
