MCC MORTUARY SCIENCE LAW EXAM 1 WITH
BEST SOLUTIONS
Mortuary Law and Mortuary Jurisprudence - ANSWER Funeral Service Law is also known as?
Mortuary
... [Show More] Law, Funeral Service law, or Mortuary jurisprudence - ANSWER That body of law
which relates to matters concerned with the disposition of the dead and the regulation of
funeralization
Law - ANSWER A rule of action prescribed by an authority able to enforce its will?
Statute - ANSWER A law enacted by a federal or state legislative body
Constitution - ANSWER The basic law adopted by the federal or state legislatures governing
the nature, function and setting limits on a group of people.
Police Power - ANSWER The inherent power of every government to make reasonable laws
to protect the safety, health, morals, and general welfare of its citizens.
Licensure, Business Operations, and Health Standards - ANSWER The exercise of police
power might include?
Administrative Agency - ANSWER A governmental body created by legislation empowered
to regulate an industry and issue rules and regulations
Administrative law - ANSWER That body of law created by Federal and State administrative
agencies to implement their powers and duties in the form of rules, regulations, orders, and
decisions.
OSHA, FTC, and State board - ANSWER Which of the following is an example of an
Administrative Agency
Rules and Regulations - ANSWER Administrative law comes to us in the form of?
Ordinance - ANSWER A law passed by a local municipal governing body
Zoning laws, Building Codes, and Safety Laws (speed limits, school zones, etc.) - ANSWER
Which of the following would be an example of an ordinance?
Case Law - ANSWER Decisions at law which establish precedent and principle?
Common Law - ANSWER Non Legislated principles and rules of action predicated upon usage
and custom
Common Law - ANSWER Unwritten Law also known as?
Corpse - ANSWER Dead human body at law?
Dead human body-corpse - ANSWER The body of a dead human being, deprived of life, but
not yet entirely disintegrated (varies among the several states)
Death - ANSWER The total and irreversible cessation of all metabolic activity
Death - ANSWER The cessation of life
Death - ANSWER A permanent cessation of all vital functions and signs
Ecclesiastical law - ANSWER Historically, the no property theory was held by
because in England at that time the body was considered to be the property of the church.
Quasi-Property Theory - ANSWER The currently accepted view of the property and property
rights in a dead human body in the United States is the?
Quasi-Property Theory - ANSWER Rights associated with the dead body are as if it were
property for the purpose of disposition only
Injunction - ANSWER The two elements necessary for property
All of these - ANSWER Which of the following are means of final disposition: 1-interment,
2-burial at sea, 3-entombment, 4-cremation, 5-donation.
Final disposition - ANSWER The conclusive act of service with respect to the dead human
body
Uniform Anatomical Gift Act - ANSWER 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 death or gives the right to
another
Injunction - ANSWER A court order forbidding a person from doing a certain act
Replevin - ANSWER Action to recover through the court an item or its value that has been
wrongfully detained or altered form its original condition
Body part - ANSWER In the Uniform Anatomical Gift Act- an organ, tissue, eye, body, artery,
blood, other fluids and other portions of a human body for transplantation.
All of these - ANSWER Which of the following play a part in the requirements for decent
burial/final disposition: 1-community standards, 2-wishes of decedent, 3-wishes of survivors,
4-public interest, 5-statutes.
All of these - ANSWER Which of the following are those that receive the primary duty of
decent burial: 1-house holder, 2-surviving spouse, 3-next of kin, 4-public authorities.
Duty - ANSWER Obligatory tasks, conduct, service, or function that arise from one's position
in life.
2, 4, 6, 5, 3, 1 - ANSWER Primary right of final disposition (put in the proper order)
1-Volunteer
2-Decedent's Wishes
3-Decedent's Guardian
4-Personal representative
6-Next of kin
Pre-arrangements, Will or other documents, or other declarations by the decedant - ANSWER
The decedent's wishes may be discovered from?
A divorced spouse is not a surviving spouse and has no say in disposition - ANSWER Effect of
divorce on the right of the surviving spouse?
Still the surviving spouse - ANSWER Surviving spouse (separation or estrangement)
2, 1, 3 - ANSWER Next of kin (degree of kindred)-
1-Parents
2-Adult children
3-Brother and sisters
Guardian - ANSWER A judicial appointment of a person to administer the affairs of another
person who is incompetent by virtue of age or legal disability:
State, County, or Local Government - ANSWER The secondary right of disposition usually lies
with the?
Actual Custody - ANSWER The physical possession of the dead human body
Constructive Custody - ANSWER Where a party has a right to acquire actual
custody/possession of the dead body although another party has actual physical possession
All of these - ANSWER Which of the following are rights of the party having priority for
disposition of the body: 1-custody of body, 2-ability to convey custody, 3-superintend the
funeral, 4-do that which is necessary to effect final disposition, 5-act as trustee for survivors,
6- settle survivor disputes.
Funeral Director - ANSWER A person properly licensed, engaged in, or conducting, or
holding him or herself out of being engaged in preparing, other than by embalming, for the
burial or disposition of dead human bodies and or , maintaining or operating a funeral
establishment for the preparation and disposition, or for the care of dead human bodies.
Trustee - ANSWER One who holds title to property or another position of trust to a
beneficiary; in funeral arrangements, the person who has the right to control funeral does so
on behalf of all survivors
All of these - ANSWER Which of the following may have liability for funeral expenses:
1-Parties to the funeral contract
2-Decedent's estate
3-Common law
4-Volunteer
5-Public authority
Express, Implied, Quasi - ANSWER Contracts may be?
Express contract - ANSWER Contract in which the agreement is specifically stated
Implied Contract - ANSWER Contract form from the actions of the parties
Quasi Contract - ANSWER A fictional contract created or implied by a court for a person who
is unable to contract for himself (i.e. medical, care, death):
Quasi Contract - ANSWER An obligation which law creates in the absence of agreement, is
invoked by courts where there is unjust enrichment. The function is to raise obligation in law
here in fact the parties made no promises.
All of these - ANSWER Limitations on the decedent's estate for funeral expenses:
1-size of estate
2-status in life of the deceased
3-reasonableness of charges
4-funeral director's knowledge of decedent's financial condition
5-local or ethnic customs
All of these - ANSWER In filing claims against an estate: which of the following have
generally been allowable cost items of a funeral: 1-embalming, 2-professional services,
3-facilities, 4-casket, 5-clothing, 6-transportation, 7-cemetery/cremation costs,
8-headstone/monument, 9-flowers, 10-newspaper notices, 11-outer burial container [Show Less]