Download Funeral Law Midterm Review FSE2080 397 Questions and Correct Answers 2024 and more Exams Health sciences in PDF only on Docsity!
Funeral Law Midterm Review FSE
397 Questions and correct Answers
List 3 Federal agencies which have enacted administrative rules and regulations that pertain to funeral services - ✔️OSHA, FTC and EPA Occupational Safety and Health Regulations Federal Trade Commission Environmental Protection Agency Zoning laws fall under which source of funeral service law? - ✔️State and Local laws Define preemption - ✔️Dispute exist between federal and state laws. Federal law would be followed as the more stringent. Define police powers as it refers to statutory law - ✔️empowers state legislature to enact laws for protection of general welfare, safety and health. Statutes Compare and contrast an ordinance and statute - ✔️-Ordinance is local pertaining to matters not already covered by a federal or state law. -Statute is enacted by legislative body (state) Define property theory as it relates to dead bodies - ✔️The dead body is property of the next of kin. The next of kin could sell body if desired. This has never been held as a valid property law. Define the non-property theory as it relates to dead bodies - ✔️Considered a spiritual matter, therefore the church had the right to take possession of the body. This was done in Europe hundreds of years ago. Define the quasi- property theory as it relates to dead bodies. - ✔️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? - ✔️The Quasi Property List the 5 modes (methods) of disposition - ✔️1. Burial
- 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? - ✔️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
- ✔️When a family has left instructions at a nursing home to call a specific funeral home. Define consanguinity - ✔️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 - ✔️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 - ✔️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 - ✔️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? - ✔️3 nautical miles How many bands must be placed on the casket prior to burial at sea? - ✔️ 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. - ✔️Guardian at the time of death Personal rep of deceased Attorney of deceased
In the Uniform Determination of Death Act, does skeletal remains constitute a corpse? - ✔️No What right does an adopted child have with regard to the disposition of a parent? - ✔️Same rights as a biological child List the order in which duty to dispose of a dead body is required if no one else steps forward - ✔️Guardian, Attorney, Friend if willing to step up List the 3 sources of Duties of a Funeral Director. - ✔️statutory duties contractual duties common law duties Explain what is meant by Fitness for a Particular Purpose warranty and give an example. - ✔️The expectation that merchandise which is purchased will function in the specific way for which is was purchased example: if a family purchases a cardboard casket for a person who weighs 500 pounds, the funeral director has the responsibility to share with the family that this specific casket may not function properly for this specific deceased. Explain what is meant by Merchant-ability Warranty and give an example. - ✔️the expectation that merchandise will function in the way the average consumer expects it to function example: the average consumer expect the casket cap to close properly Explain the funeral director's liability (responsibility) for the cars in the procession, including the funeral coach and a pallbearer car driven by a non-funeral home employee. - ✔️to be liable, have to show negligent driver was an agent of funeral home Define tort. - ✔️a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability. Explain whether you can refuse to release a body to a family if they owe you a balance on a previous funeral bill. - ✔️actionable violation of family's right to burial without interference explain what options you have for providing or not providing service to a family who owes you a balance on a previous funeral bill. - ✔️Do not have to serve family Distinguish between a common and private carrier. - ✔️common carrier- any carrier required by law to convey passengers without refusal if the approved fare is paid (airline, train, etc.)
private carrier- those who transport only in particular instances and only for those they choose to contact with (funeral home, vehicles, and livery) Define compensatory damages. - ✔️designed to compensate for the actual property damage, harm, or injury the plaintiff suffers Define punitive damages and tell when they may be awarded. - ✔️Payment imposed by a court upon an individual or entity to punish the individual (entity) for wrongdoing or gross negligence only when conduct has been so outrageous as to justify punishment By the Americans with Disabilities Act, must all existing barriers be removed? If not, which barriers need not be removed? - ✔️only readily achievable barriers need be removed. removal can be accomplished without much difficulty or expense given cost as well as size and financial resources of business. Define nominal damages. - ✔️a small amount of money awarded to a plaintiff in a lawsuit to show he/she was right, but suffered no substantial harm Can a funeral home charge a fee for embalming a body with a contagious disease, such as a person dying with HIV / AIDS? - ✔️prohibited by ADA Give another name for disinterment. - ✔️Exhumation Define disinterment. - ✔️removal of dead body or remains from its place of repose after disposition has been completed Define eminent domain and tell how this would apply to disinterment. - ✔️The inherent power of a government to take private property for public use. In the U.S. just compensation to the property owners is required.Could be used to justify disinterment of a body List and describe the three types of cemeteries - ✔️public- may be for profit of municipal. private- this may be a religious or family cemetery where you must be a member to the organization to be buried there. national- operated by the federal government, this cemetery is usually reserved for members or retired members or the armed forces. Explain what is meant by disinterment for public purposes. - ✔️normally made for evidentiary purposes, criminal or civil cases provide access for public streets threat to public health, e.g. contaminating well water
✔️No If the funeral director states that she will provide the limousine for the funeral procession and then hires a livery service to provide the car and driver, is the funeral director liable if the limousine is involved in a wreck and passengers in the car are injured? - ✔️Yes What are the two of the precautions offered by the textbook regarding aftercare? - ✔️don't refer to it as therapy refer any serious problems to psychologist or psychiatrist Describe what is meant by a covenant not to compete? - ✔️A provision in a contract for sale of a business in which the seller agrees not to compete in the same business for a period of years or in the geographic area. Is the following clause allowed in a covenant not to compete? The previous owner will never practice in the county of the funeral home, nor in any county in which the funeral home chooses to operate a funeral home in the future? - ✔️no Is a funeral home a nuisance per se? - ✔️no In what three areas must a funeral director perform due diligence with regard to the use of a crematory that is not housed at the funeral home? - ✔️inspection of records interview with management inspection of facility List the priorities in which the ADA will be enforced with respect to making accommodations for the general public. - ✔️access into facility access to public areas where goods or services are made available access restroom facilities What level of care is owed to a trespasser on a funeral home property? - ✔️very low degree of care What level of care is owed to an invited guest on a funeral home property? - ✔️high degree of care What steps should a funeral director go through to minimize the tort liability owed to guests on the funeral home property? - ✔️take care to remove any known hazards, such as snow and ice from the sidewalk, and should inspect for unknown hazards, such as the broken glass in the family lounge. What are 4 acts that generally are regarded as causing mental anguish? - ✔️intentional acts
outrageous acts gross negligent (negligence) act breach of personal service contract According to Florida statute, what color light(s) must be on the non-law enforcement lead car of a funeral procession? - ✔️amber or purple According to Florida statute, what steps must all vehicles in a funeral procession take? - ✔️follow the preceding vehicle as closely as is practical and safe. have its headlights, either high or low beam, and tail lights lighted and may also use the flashing hazard lights if the vehicle is so equipped. If a funeral procession lead car lawfully enters an intersection, and the stoplight then turns red, who has the right of way at the intersection - the remaining cars in procession or other cars at the intersection who have a green light? - ✔️Remaining cars The term which means an unfinished wood box or other nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains and that is made of fiberboard, pressed wood, composition materials (with or without an outside covering), or like materials. - ✔️Alternative container The term which means any uninvited contact by a licensee or her or his agent for the purpose of the sale of burial services or merchandise to the family or next of kin of a person after her or his death has occurred. - ✔️At-need solicitation The term which means any construction unit of belowground crypts that is acceptable to the department and that a cemetery uses to initiate its belowground crypt program or to add to existing belowground crypt structures. - ✔️Bank of belowground crypts The term which consists of interment space in preplaced chambers, either side by side or multiple depth, covered by earth and sod and known also as "lawn crypts," "westminsters," or "turf-top crypts." - ✔️Belowground crypts The term which means any personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated remains. - ✔️"Burial merchandise," "funeral merchandise," or "merchandise" The term which means the right to use a grave space, mausoleum, columbarium, ossuary, or scattering garden for the interment, entombment, inurnment, or other disposition of human remains or cremated remains. - ✔️Burial right
✔️Cremated remains The term which means any mechanical or thermal process whereby a dead human body is reduced to ashes and bone fragments. Cremation also includes any other mechanical or thermal process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity. - ✔️Cremation The term which means the enclosed space within which the cremation process takes place. Cremation chambers covered by these procedures shall be used exclusively for the cremation of human remains. - ✔Cremation chamber The term which means the casket or alternative container in which the human remains are transported to and placed in the cremation chamber for a cremation. - ✔️Cremation container The term which means a rigid outer container that, subject to a cemetery's rules and regulations, is composed of concrete, steel, fiberglass, or some similar material in which an urn is placed prior to being interred in the ground and that is designed to support the earth above the urn. - ✔️Cremation interment container What Florida department oversees Funeral Service issues? - ✔️Department of Financial Services The term which means a facility licensed under this chapter where a direct disposer practices direct disposition. - ✔️Direct disposal establishment The term which means any person licensed under this chapter to practice direct disposition in this state. - ✔️Direct disposer The term which means removal of a dead human body from earth interment or aboveground interment. - ✔️Disinterment The term which means any person licensed under this chapter to practice embalming in this state. - ✔️Embalmer The term which means the final disposal of a dead human body by earth interment, aboveground interment, cremation, burial at sea, or delivery to a medical institution for lawful dissection if the medical institution assumes responsibility for disposal. - ✔️Final disposition The term which means the observances, services, or ceremonies held to commemorate the life of a specific deceased human being and at which the human remains are present. -
✔️Funeral or funeral service The term which means any person licensed under this chapter to practice funeral directing in this state. - ✔️Funeral director The term which means a facility licensed under this chapter where a funeral director or embalmer practices funeral directing or embalming. - ✔️Funeral establishment The term which means a space of ground in a cemetery intended to be used for the interment in the ground of human remains. - ✔️Grave space The term which means the body of a deceased human person for which a death certificate or fetal death certificate is required under chapter 382 and includes the body in any stage of decomposition. - ✔️Human remains or "remains," or "dead human body" or "dead human bodies" The term which means a structure or building that is substantially exposed above the ground and that is intended to be used for the entombment of human remains. - ✔️Mausoleum The term which means any product used for identifying a grave site and cemetery memorials of all types, including monuments, markers, and vases. - ✔️Monument The term which means a facility that operates independently of a cemetery or funeral establishment and that offers to sell monuments or monument services to the public for placement in a cemetery. - ✔️Monument establishment The term which means a compartment or cubicle for the memorialization or permanent placement of a container or urn containing cremated remains. - ✔️Niche The term which means a receptacle used for the communal placement of cremated remains without benefit of an urn or any other container in which cremated remains may be commingled with other cremated remains and are nonrecoverable. - ✔️Ossuary The term which means an enclosure into which a casket is placed and includes, but is not limited to, vaults made of concrete, steel, fiberglass, or copper; sectional concrete enclosures; crypts; and wooden enclosures. - ✔️Outer burial container The term which means any residential building in which one temporarily or permanently maintains her or his abode. - ✔️Personal residence
buried in an underground receptacle on a commingled basis and that are nonrecoverable. - ✔️Scattering garden The term which means any communication that directly or implicitly requests an immediate oral response from the recipient. - ✔️Solicitation The term which means a receptacle for cremated remains usually made of cardboard, plastic, or similar material designated to hold the cremated remains until an urn or other permanent container is acquired. - ✔️Temporary container The term which means a receptacle designed to permanently encase cremated remains. - ✔️Urn Paraphrase 2 of the 3 stated purposes of Chapter 497. - ✔️(1) The Legislature recognizes that purchasers of preneed burial rights, funeral or burial merchandise, or funeral or burial services may suffer serious economic harm if purchase money is not set aside for future use as intended by the purchaser and that the failure to maintain cemetery grounds properly may cause significant emotional stress. (2) Subject to certain interests of society, the Legislature finds that every competent adult has the right to control the decisions relating to her or his own funeral arrangements. (3) The Legislature deems it necessary in the interest of public health and safety to establish minimum qualifications for entry into the professions and occupations of embalming, funeral directing, cremation, direct disposition, and monument sales; List 2 things which may be included in the Care and Maintenance of a cemetery. - ✔️mowing the grass at reasonable intervals; raking and cleaning the grave spaces and adjacent areas; pruning of shrubs and trees; suppression of weeds and exotic flora; and maintenance, upkeep, and repair of drains, water lines, roads, buildings, and other improvements. JUST AN FYI - "Care and maintenance" does NOT include expenses for the construction and development of new grave spaces or interment structures to be sold to the public. List the 5 standards which a cremation container must meet. - ✔️(1) Be composed of readily combustible or consumable materials suitable for cremation. (2) Be able to be closed in order to provide a complete covering for the human remains. (3) Be resistant to leakage or spillage. (4) Be rigid enough to be handled with ease. (5) Be able to provide protection for the health, safety, and personal integrity of crematory personnel.
List the priority by which persons may be the legally authorized person. - ✔️(c) The surviving spouse, unless the spouse has been arrested for committing against the deceased an act of domestic violence as defined in s. 741.28 that resulted in or contributed to the death of the deceased; (d) A son or daughter who is 18 years of age or older; (e) A parent; (f) A brother or sister who is 18 years of age or older; (g) A grandchild who is 18 years of age or older; (h) A grandparent; or (i) Any person in the next degree of kinship. IN ADDITION, the term may include, if no family member exists or is available, the guardian of the dead person at the time of death; the personal representative of the deceased; the attorney in fact of the dead person at the time of death; the health surrogate of the dead person at the time of death; a public health officer; the medical examiner, county commission, or administrator acting under part II of chapter 406 or other public administrator; a representative of a nursing home or other health care institution in charge of final disposition; or a friend or other person not listed in this subsection who is willing to assume the responsibility as the legally authorized person. Where there is a person in any priority class listed in this subsection, the funeral establishment shall rely upon the authorization of any one legally authorized person of that class if that person represents that she or he is not aware of any objection to the cremation of the deceased's human remains by others in the same class of the person making the representation or of any person in a higher priority class. According to the definition of a legally authorized person, if a decedent had 5 children and no surviving spouse, how many of the children are required by law to sign a cremation authorization form - ✔️ONE To whom may a refrigeration facility offer its services? - ✔️funeral directors, funeral establishments, direct disposers, direct disposal establishments, or crematories for a fee. To whom may a removal service offer its services? - ✔️funeral establishments and direct disposal establishments for a fee How many members are on the Board of Funeral, Cemetery, and Consumer Services? - ✔️ 10 List the composition of the Board of Funeral, Cemetery, and Consumer Services. - ✔️10 members,
- 9 of whom shall be appointed by the Governor from nominations made by the Chief Financial Officer and confirmed by the Senate.
- 2 funeral directors,
- 1 funeral director with a crematory & preneed,
- 2 cemeterians,
- 1 monument maker,
- 1 health officer,
What types of crimes do not have to be reported to the board at the time of application? - ✔️Speeding Tickets or noncriminal traffic infractions Who may apply for a limited license? - ✔️Retirees in a state of emergency or active licensee in another jurisdiction May a person with a limited license engage in preneed sales? - ✔️NO When can a limited licensee provide services? - ✔️In a time of critical need If you have an address change, how long do you have to notify the Board? - ✔️30 days How many days does the funeral home have to record the written complaint in the compliant log? - ✔️Must be logged within 10 days of receipt What may be reviewed during an inspection? - ✔️Complaints log May a direct disposer engage in direct burial? - ✔️Yes What type of permission is required to take possession of a dead human body? - ✔️Written or oral When is oral permission allowed for a licensee to take possession of a dead human body? - ✔️As long as written permission is received within reasonable time Must a licensee have written permission to provide entombment or interment? - ✔️Yes Can a person who is not applying for or is a recipient of Supplemental Security Income or Aid complete a irrevocable preneed contract? - ✔️Yes What casket must be displayed if caskets are displayed? - ✔️Least expensive May a cemetery require a family to come to the cemetery to sign papers if the purpose is to sell the family additional goods or services? - ✔️NO How many people must serve on a probable cause panel? - ✔️At least 2
What is the composition of a probable cause panel? - ✔️At least 1 present board member, one of the board's former of present consumer members What is the maximum fine the board can impose for an administrative violation? - ✔️$ If your license is suspended, must you complete continuing education hours? - ✔️Yes What is the maximum fine for unlicensed activity? - ✔️$10,000. What is the crime committed if a person circulates unauthorized prelicensure examination information? - ✔️3rd degree felony What is the crime committed if a person knowingly gives false information in applying for licensure - ✔️3rd degree felony What is the crime committed if a person willfully obstructs the department in investigations? - ✔️2nd degree misdemeanor What is the crime committed if a person fails to deposit trust funds required under chapter 497? - ✔️3rd degree felony What is the crime committed if a cemetery discriminates on the basis of race? - ✔️2nd degree misdemeanor What is the educational requirement for operational personnel? - ✔️No more than 3 hours of communicable disease When must the educational requirement be completed for operational personnel? - ✔️Within 30 days of hire Beneficiary - ✔️Someone named in a legal document to inherit money or other property. Wills, trusts, and insurance policies commonly name beneficiaries; beneficiaries can also be named for "payable-on-death" accounts. Bequeath - ✔️To leave property at one's death; another word for "give." Bequest - ✔️A gift of an item of personal property (that's anything but real estate) made at death.
Escheat - ✔️If there are no takers of the intestate estate, the property escheats to the state. Personal Property - ✔️All kinds of assets except real property. Residuary Estate - ✔️All property subject to a will that isn't given away specifically in the will. Often, a will leaves certain valuable items to named beneficiaries and then "the rest and residue of my estate" to another beneficiary. Revocable Trust - ✔️A trust that the settlor can revoke at any time during his or her lifetime. Settlor - ✔️Someone who creates a trust. Tangible Property - ✔️Items that can be touched. Intangible Property - ✔️Assets that can't be touched, such as an ownership interest in a corporation. Documents—stock certificates, for example, are evidence of who owns intangible property. Failed Gift - ✔️A gift made in a will that cannot be given to the intended recipient because that person has not survived the will-maker and the will does not state what should happen to the gift. Grantor - ✔️Someone who creates a trust; a settlor. Executrix - ✔️An old-fashioned term for a female executor. Most wills these days use "executor," whether the person is a man or woman. Executor - ✔️The person named in a will, and appointed by the probate court after the will- maker's death, to wind up the affairs of a deceased person. In some states, executors are called "personal representatives." Legacy - ✔️A gift of personal property left at death. Legatee - ✔️Someone who inherits personal property. Per capita -
✔️A way of dividing property among the descendants of a deceased heir beneficiary. Real Property - ✔️Real estate—that is, land and things permanently attached to it, such as houses. Testamentary - ✔️Having to do with a will. For example, a trust that is set up in a will is called a testamentary trust. Testator - ✔️Someone who writes and executes (signs) a will. Testatrix - ✔️The old-fashioned term for a female will-writer. Trustee - ✔️Someone who has legal authority over the assets in a trust. Inter Vivos - ✔️A transfer or gift made during one's lifetime. List one document which can be used as evidence to begin probate. - ✔️authenticated copy of death certificate issued by official or agency of place where death occured Define a beneficiary by Florida law. - ✔️intestate- heirs testate- devisee Are stepchildren given the same status as blood children under Florida Probate code? - ✔️no Define Devise by Florida Probate code. - ✔️noun- testamentary disposition of real or personal property verb- dispose of real or personal property by will or trust What term is defined as a person's usual place of dwelling and shall be synonymous with residence? - ✔️domicile Do heirs receive property from a will? - ✔️no, receive from succession Do foster parents count as a parent in Florida Probate code? - ✔️no What term is defined as the fiduciary appointed by the court to administer the estate?
- ✔️Personal Representative
