F S Law

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F S Law
2012-12-18 15:12:53

F S Law Exam 1
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  1. a governmental body created by legislation empowered to regulate an industry and issue rules and regulations;

    an appointed governmental body charged with implementing particular legislation.

    rule making power
    Administrative agency
  2. rules passed by state boards of funeral service are examples

    that body of law created by Federal and State administrative agencies toimplement their powers and duties in the form of rules, regulations, orders and decisions (OSHA, FTC,state board rules and regulations)
    Administrative law
  3. those drivers under the directions and control of the funeral establishment which is liable for the driver's negligent actions.
    Agent drivers
  4. a dead human body intended solely for scientific study and dissection
  5. appellate court decisions that establish precedent principles.
    Case law
  6. non legislated principles and rules of action predicated upon usages and customs;

    a system of jurisprudence based on judicial precedents rather than statutory laws

    judge made laws - source of much of our law today
    Common law
  7. any fundamental or important law or edict

    documents that define the relationships of the parts of the government to each other and the relationships of the gevernment to its citzens
  8. the placing, of a remains in a crypt in a mausoleum
  9. the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property
    of another
    Gross negligent act
  10. the occupier of a house- one who owns or controls real estate where a death occurs
  11. a claim or charge against property for payment of some debt (There can be no lien against a dead human body for it is not property).
  12. automotive equipment made available for hire.
  13. mental suffering, resulting from grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc., usually accompanied by physical injury or by an outrageous intentional or grossly negligent act.
    Mental anguish
  14. a place where dead human bodies are kept until identified and/or released for final disposition.
  15. that branch of law which relates to matters concerned with the disposal of the dead and regulation of funeral directors/embalmers and funeral establishments.

    derived from anglo-american common law

    that distinct branch of the law that deals with the funeral director in his/her legal actions
    Funeral service law (mortuary law/mortuary jurisprudence)
  16. any altering, or change made to a dead human body from the time of death, other than by natural causes;

    altering of an object or a dead human body from its original condition.
  17. failure to exercise ordinary care; omission to do something which a reasonable prudent person would do under
    ordinary circumstances or the doing of something which a reasonable and prudent would not do;

    the lack of due care (exercised by a wrongdoer who has not acted as a reasonable person would).
  18. a law passed by a local municipal governing body (e.g. zoning, building safety, etc.)
  19. an act with complete disregard for proper conduct which transcends the bounds of common decency.
    Outrageous act
  20. contract which involves such personal knowledge, skills or confidence that it can only be performed by the person with whom it is made;

    a contract whereby both parties should recognize that any breach will usually cause anguish.
    Personal service contract
  21. the inherent power of every government to make reasonable laws to protect the safety, health, morals and general welfare of its citizens.
    Police power
  22. a decision of a court which is thereafter followed as an example in subsequent similar cases.
  23. an action to recover possession of personal properly.
  24. a law enacted by a federal or state legislative body.
  25. a wrongful act committed by one person against another person or their property.
  26. 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/her death or gives the right to another.
    Uniform Anatomical Gift Act
  27. the body of a dead human being, deprived of life, but not yet entirely disintegrated.
    Dead human body (corpse)
  28. Degree of kinship
    - order
    • Deceased
    • 1. spouse
    • 2. adult children
    • 3. parents
    • 4. siblings
    • 5. adult grandchildren
    • 6. adult neices/nephews
    • 7. grandparents
    • 8. aunts/uncles
    • 9. great grandparents
    • 10. adult cousins
  29. Invasion of rights include?
    • 1. when is embalming required
    • 2. unauthorized photos
    • 3. burial in absence of next of kin
    • 4. right to privacy - confidentiality
    • 5. failure to comply with the wishes of the party with the right to control the funeral
    • 6. hospital or institutional withholding a body - misidentification
    • 7. public officials acting beyond immunity - above the law
    • 8. cemeteries or cremetories
  30. Types of estates
    • 1. fee simple estates
    • 2. life estate
  31. largest and most complete right one may possess in property because they have the right to possess the prroperty forever
    fee simple estate
  32. property is owned for a lifetime
    life estate
  33. Types of contracts
    • 1. express
    • 2. implied
    • 3. quasi contract
  34. contract in which parties express thier intentions with words - oral or written
  35. duties and obligations parties assume are implied by thier conduct and acts
  36. fictional contract applied by a court or a person who is unable to contract for themselves

    raise obligation in law where in fact parties made no promisies
    quasi contract
  37. Secondary right to disposition falls to?
    • 1. State
    • 2. County
    • 3. town or city - local
  38. Types of custody
    • 1. actual custody
    • 2. constructive custody
  39. physical possession of dead human body
    actual custody
  40. party has right to acquire body although another party has physical possession of body
    constructive custody
  41. Primary right of final disposition falls in which order?
    • 1. surviving spouse
    • 2. next of kin
    • 3. personal representative
    • 4. decedents gaurdian
    • 5. volunteer
  42. Mutilation of a dead human body would consists of?
    • 1. unauthorized embalming or restoration
    • 2. unauthorized trimming of a mustache, beard or hair
    • 3. unauthorized removal of tissue, organs, or medical devices
    • 4. performing procedures other than that which is required for a normal embalming
  43. Methods of disposition
    • 1. enterment - burial
    • 2. burial at sea
    • 3. entombment
    • 4. cremation
    • 5. body donation
  44. Three property theories
    • 1. no property theory
    • 2. property theory
    • 3. quasi-property theory
  45. the legal status of a body was considered to be that of an object, exclusively within the control of the church for the purpose of burial
    no property theory
  46. it had a false view of the legal status of a dead body being an object of property complete with all the characteristics of property
    property theory
  47. it is the current accapted legal status of a dead human body for the purpose of disposition;

    the rights associated with the body are as if it were property

    the funeral home has custody of the body for preservation and disposition
    quasi-property theory
  48. Liability of funeral director in a funeral procession
    • 1. restrictions on the funeral procession
    • 2. driver always liable for own torts
    • 3. volunteer drivers
    •    a. not an agent of the funeral director
    •    b. funeral director has no control
    •    c. funeral director usually has no liability
    • 4. agent drivers
    •    a. funeral director does have control
    •    b. funeral director does have liability
    • 5. liver - funeral director liable if he holds out such cars and drivers as his own
  49. mortuary science in relation to the law
    mortuary juris prudence
  50. the art of science of dispensing of the dead
    mortuary science
  51. stand by the decision
    Stare decisis