Define Mortuary law
Law regarding the disposal of human remains.
Define Case law
Primarily the decisions of state and local courts. Courts of
... [Show More] equity have the ultimate right to decide cases that concern dead bodies. Stare decisis.
Define Common law
Consists of principles, maxms, and decisions that have been passed down for hundreds of years. Incorrectly called ''unwritten laws''. Fills in the gaps of our legal system.
Define the term dead body
Must be human. Must be without life. Must not be entirely disintegrated.
What is quasi-property?
Almost property. Rights to posses, use, exclude, profit, and dispose.
What are the five forms of accepted methods of disposition?
Earth burial, Cremation, Entombment, Burial at sea, Anatomical Donation.
Who has the primary right to control the funeral?
The wishes of the deceased
The lawful rights of the funeral director undertaking a funeral are primarily derived from two sources, what are they?
Statues, Contracts.
Define actual possession.
When the body is physically within one's possession.
Define constructive possession.
When one does not have the body within physical possession- but can take physical custody (actual custody) at will.
What is another term for mortuary law?
Funeral Law
In regards to the maritime laws, who has the ultimate say in handing down the law?
Captain.
What are the three countries that utilize the code of napoleon?
Italy, Japan, Egypt, and Louisiana
Who felt that the legal system should be more fair to the upper class citizens?
Hammurabi
What is another name for the laws of the church?
Cannon
What is responsible for dictating the practices of the Hebrew faith?
The Torah
What is the duty of the funeral director, should any questions arise in regards to the disposition of the body?
Hold the body.
What are the fees that may be obtained from a funeral home, should the person making the funeral arrangements default on payment?
Late fees, collection fees. [Show Less]