FUNERAL LAW MIDTERM REVIEW
FSE2080 QUESTIONS AND ANSWERS
WITH COMPLETE SOLUTIONS 100%
CORRECT RATED A+
Q: Name three federal agencies that have implemented regulations affecting
the funeral service industry.
A: ✔✔
1. OSHA – Occupational Safety and Health Administration
2. FTC – Federal Trade Commission
3. EPA – Environmental Protection Agency
Q: Under which level of law do zoning regulations fall in relation to funeral
services?
A: ✔✔ Zoning laws are governed by state and local legal authorities.
Q: What is the definition of preemption in legal terms?
A: ✔✔ When a conflict arises between state and federal law, federal law takes
precedence, especially if it imposes more stringent requirements.
Q: What are police powers in the context of statutory law?
A: ✔✔ These are powers granted to state legislatures allowing them to create
laws aimed at protecting the health, safety, and general welfare of the public.
Q: How do an ordinance and a statute differ?
A: ✔✔
An ordinance is a law passed by local government, dealing with issues not
already covered by state or federal law.
, A statute is a law created by a state legislative body and has statewide
application.
Q: What is the "property theory" in relation to the legal status of a dead
body?
A: ✔✔ This outdated view suggested that a dead body was considered the
property of the next of kin, who theoretically could sell or transfer it. This theory
has never been legally upheld in modern law.
Q: What is the "non-property theory" regarding the treatment of human
remains?
A: ✔✔ This theory views the dead body as a spiritual entity, historically giving
the church the right to take custody of the body. This was a practice seen in
Europe centuries 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
5.Anatomical Donation
,According to the Environmental Protection Agency, what is the required water
depth to bury a body at sea? - ANSWER✔✔600 feet. However, in certain areas,
the requirement is 1800 feet
Give an example of an implied oral contract that is binding relative to funeral
services - ANSWER✔✔When a family has left instructions at a nursing home to
call a specific funeral home.
Define consanguinity - ANSWER✔✔Blood relation of a person. Determines the
next of kiin
Be able to list the order of persons who have the right of disposition. This includes
knowing the rights of the spouses, divorced spouses, separated spouses, children,
adopted children, step children, siblings and parents - ANSWER✔✔Surviving
spouse (unless spouse has been arrested for committing a crime against the
deceased, which could be related to the death)
Adult children
Parents
Adult siblings
Adult grandchild
Grandparents
Other relatives
Be prepared to determine who has the right of disposition if a dispute arises. Know
the difference between a dispute between 2 persons within the same right of
disposition, such as sisters of the deceased and a dispute between 2 persons of
different rights of disposition such as a parent and daughter - ANSWER✔✔If not
within the same right, the wishes of the highest right of disposition needs to be
followed.
, If in the same right, wait until an agreement is reached or a court order.
Define stare decisis - ANSWER✔✔Previous similar legal decisions will be
followed.
According to the EPA, how many nautical miles offshore must a ship be in order to
bury a body at sea? - ANSWER✔✔3 nautical miles
How many bands must be placed on the casket prior to burial at sea? -
ANSWER✔✔6
Be able to know the order of persons who have the right of disposition, as well as
the order of persons if only those of consanguinity are considered. -
ANSWER✔✔Guardian at the time of death
Personal rep of deceased
Attorney of deceased
Health surrogate
Public health officer
Medical examiner
County commissioner
Administrator
Nursing Home rep
Friend
Define actual custody - ANSWER✔✔Physical possession of the dead body
FSE2080 QUESTIONS AND ANSWERS
WITH COMPLETE SOLUTIONS 100%
CORRECT RATED A+
Q: Name three federal agencies that have implemented regulations affecting
the funeral service industry.
A: ✔✔
1. OSHA – Occupational Safety and Health Administration
2. FTC – Federal Trade Commission
3. EPA – Environmental Protection Agency
Q: Under which level of law do zoning regulations fall in relation to funeral
services?
A: ✔✔ Zoning laws are governed by state and local legal authorities.
Q: What is the definition of preemption in legal terms?
A: ✔✔ When a conflict arises between state and federal law, federal law takes
precedence, especially if it imposes more stringent requirements.
Q: What are police powers in the context of statutory law?
A: ✔✔ These are powers granted to state legislatures allowing them to create
laws aimed at protecting the health, safety, and general welfare of the public.
Q: How do an ordinance and a statute differ?
A: ✔✔
An ordinance is a law passed by local government, dealing with issues not
already covered by state or federal law.
, A statute is a law created by a state legislative body and has statewide
application.
Q: What is the "property theory" in relation to the legal status of a dead
body?
A: ✔✔ This outdated view suggested that a dead body was considered the
property of the next of kin, who theoretically could sell or transfer it. This theory
has never been legally upheld in modern law.
Q: What is the "non-property theory" regarding the treatment of human
remains?
A: ✔✔ This theory views the dead body as a spiritual entity, historically giving
the church the right to take custody of the body. This was a practice seen in
Europe centuries 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
5.Anatomical Donation
,According to the Environmental Protection Agency, what is the required water
depth to bury a body at sea? - ANSWER✔✔600 feet. However, in certain areas,
the requirement is 1800 feet
Give an example of an implied oral contract that is binding relative to funeral
services - ANSWER✔✔When a family has left instructions at a nursing home to
call a specific funeral home.
Define consanguinity - ANSWER✔✔Blood relation of a person. Determines the
next of kiin
Be able to list the order of persons who have the right of disposition. This includes
knowing the rights of the spouses, divorced spouses, separated spouses, children,
adopted children, step children, siblings and parents - ANSWER✔✔Surviving
spouse (unless spouse has been arrested for committing a crime against the
deceased, which could be related to the death)
Adult children
Parents
Adult siblings
Adult grandchild
Grandparents
Other relatives
Be prepared to determine who has the right of disposition if a dispute arises. Know
the difference between a dispute between 2 persons within the same right of
disposition, such as sisters of the deceased and a dispute between 2 persons of
different rights of disposition such as a parent and daughter - ANSWER✔✔If not
within the same right, the wishes of the highest right of disposition needs to be
followed.
, If in the same right, wait until an agreement is reached or a court order.
Define stare decisis - ANSWER✔✔Previous similar legal decisions will be
followed.
According to the EPA, how many nautical miles offshore must a ship be in order to
bury a body at sea? - ANSWER✔✔3 nautical miles
How many bands must be placed on the casket prior to burial at sea? -
ANSWER✔✔6
Be able to know the order of persons who have the right of disposition, as well as
the order of persons if only those of consanguinity are considered. -
ANSWER✔✔Guardian at the time of death
Personal rep of deceased
Attorney of deceased
Health surrogate
Public health officer
Medical examiner
County commissioner
Administrator
Nursing Home rep
Friend
Define actual custody - ANSWER✔✔Physical possession of the dead body
