Mortuary And Business Law Quiz: Test!

Under the proper authorization from the next of kin, a Funeral Home is required to release a dead human body, regardless of whether the family has paid the bill or not. This is because the release of the body is a matter of respect and dignity for the deceased, and it is not contingent upon the payment of funeral expenses.

Under most circumstances, the OCME will listen to religious practices and attempt to abide by them, but they are under no legal obligation to do so.

A human body can never be used as a lien...you can never keep the body, as collateral against the debt., even if payment is not forthcoming the body must be released to the wishes of the next of kin or legal authorities.

The most likely reason the lawsuit was "thrown out of court" is because of the Statute of Limitations. This legal principle sets a time limit within which a lawsuit must be filed after the occurrence of an event. In this case, the theft of the wedding ring happened 20 years ago, which is likely beyond the statute of limitations for filing a lawsuit. Therefore, the court would dismiss the case as it was not filed within the specified time frame.

An oral will, also known as a nuncupative will, is a type of will that is spoken aloud by the testator in the presence of witnesses. It is usually used in urgent situations where the testator is unable to write a formal will. However, oral wills are not widely recognized and are subject to strict legal requirements and limitations. They are often considered less reliable and more prone to disputes and challenges compared to written wills.

The correct answer is "Undue influence." The heirs claim that Nurse Mary had exerted undue influence over Mrs. Jones, leading her to change her will and appoint Nurse Mary as the sole beneficiary of her fortune. Undue influence refers to the manipulation or coercion of a person to make decisions that are not in their best interest, often for the benefit of the influencer. In this case, the heirs argue that Nurse Mary used her position of trust and authority to manipulate Mrs. Jones into changing her will in her favor.

All of the options listed in the question are examples of unethical behavior in regards to the body of the deceased. Performing an embalming on a contracted direct cremation for school goes against the wishes and agreements made with the deceased and their family. Accepting golf trips for a Vault contract implies a conflict of interest and unethical behavior in accepting personal benefits in exchange for business. Allowing personal friends to view an embalming violates the privacy and dignity of the deceased and their family. Therefore, all of the options mentioned are not ethical behaviors in regards to the body of the deceased.

A bill of lading is a document of title that provides the details of the contract between the shipper (the person or company sending the goods) and the carrier (the person or company transporting the goods). It serves as a receipt for the goods, a document of ownership, and evidence of the contract of carriage. The bill of lading includes information such as the type and quantity of goods being shipped, the names and addresses of the shipper and carrier, the destination, and the terms and conditions of the transportation.

Replevin: An act to recover personal property.

Rauhe v. Langeland Chaple, 44 Mich. App. 371,265 N>W> 2d 313 (1973) President case. Paramount right can be "WAIVED". Like wise groups who operate under the Anatomical Gift act can not be held liable , if "Acting in GOOD FAITH" ! Pg. 22 Mortuary Law

IRREVOCABLE PRE-NEED ASSETS ARE SHELTERED

The conventional stage of moral development refers to a stage where individuals conform to societal norms and expectations. During this stage, people prioritize maintaining social order and fulfilling their roles and responsibilities within their family, nation, and community. They seek approval and acceptance from others and may feel guilty or anxious if they deviate from societal expectations. This stage is characterized by a focus on conformity and following the rules set by the social group.

Volunteer drivers (usually referring to the next of kin, friends ect) driving to and from the Funeral home to church, cemetery ect....Contract drivers or staff drivers are a different story...they need to be insured as the funeral director is liable for there actions in his/her service/employ.

The potential torts assigned to the funeral home by Mr. Franks' current spouse could be mutual responsibility for mutilation and breach of contract for "failure to protect." This is because the funeral home received a call from Autopsy Services Inc. to recover sperm for cryopreservation without the proper consent from Mr. Franks or his current spouse. By proceeding with the procedure based on the consent documents signed by Mr. Franks and his divorced wife, the funeral home failed to protect the rights and interests of Mr. Franks and his current spouse, which can be considered a breach of their duty of care.

The court ruled in the company's favor because according to the statement given, the bodies in the old Grave yard had undergone decomposition to an undefined degree, which means they were no longer considered as dead bodies in the eyes of the law. Additionally, there was no claim made by anyone, no next of kin or lineage could be found, and there was no knowledge of the site's existence in town records. Moreover, the site was on Federal Land, which might have influenced the court's decision.

The spouse is not consanguineous...not blood-related. However, does have the paramount right of disposition.

In a bailment, the person who retains title, but gives up possession of the goods is called the bailor. The bailor is the owner of the goods and temporarily transfers possession to the bailee, who is responsible for the safekeeping and return of the goods. The bailor still maintains ownership rights and can reclaim the goods once the purpose of the bailment is fulfilled.

Punitive "for the purpose of" Punishment. This would occur in a civil claim, dependent upon the "damage" this could be considered a criminal claim...but a minor infraction like "improper care of a dead human body", usually a low crime...."Surprisingly"!

Now , I am unaware of case law twords this, but if the means to embalm and restore the body are available and the promise was made to do so, and the instruction on how to best do so are available, this to me is a potential tort violation. it is certainly the job we are here to do, negligently not being educated or refusing to do the job, seems to me to be negligent of our duties. We need to work together OPO's and Funeral service to do the job we promised to our families.

The correct answer is Pre-Moral stage. In this stage of moral development, individuals do not understand the rules and do not feel a sense of obligation to follow them. They are primarily concerned with avoiding punishment and seeking rewards, rather than considering ethical principles or the needs of others. This stage is characterized by a lack of moral reasoning and a focus on self-interest.

The act was Passed by Congress in 2000 and took effect in 2001, Suture needles can be stored in a disinfectant soaked sponge. Needle exposure control plans must be updated yearly !

A holographic will is a will that is written and signed by the testator in their own hand. This type of will is considered valid in some jurisdictions, even if it does not meet the formal requirements of a traditional will. It is often used in emergency situations or when the testator is unable to create a formal will.

Although lower courts have ruled in such cases, the US Supreme Court has ruled non-violent protests, despite there "Violent, rude or hate-filled" messages, have the right to protest on Public Property...even if they "offend and dishonor" the funeral procession. High Profile cases such as this are rare, but the appropriate "Security measures" albeit needed, should have legal advice and even police involvement to avoid potential legal ramifications in the long term. As to the question at hand..."Stare's Decisis" is the reason because previous court precedent has been documented and due to this, the court followed the "previous" orders.

(See Pg. 36 in Gilligan's Mortuary Law "Reasonableness of the Funeral Bill". If you know, the estate may not be able to pay, running an expensive funeral is counterproductive, you may not get paid. Inflating the bill, is unethical and if services were not rendered illegal.

The Pre-Conventional stage in Kohlberg's theory of moral development is characterized by moral reasoning that is based on reward and punishment from authority figures. In this stage, individuals make decisions based on the consequences they will face, seeking to avoid punishment and gain rewards. They are primarily concerned with their own self-interest and do not consider broader ethical principles or societal norms. This stage typically occurs in children and some adults who have not yet developed a more complex understanding of moral reasoning.

DEFINITION of 'Disaffirmance': The right to renounce a contract and thereby void any legal obligations resulting from the contract. To void the contract, the person must indicate he or she will not be bound by the contract. This can be explicitly expressed by the person in a declaration or implied when the person performs an act that indicates he will not abide by the terms of the contract. Disaffirmance occurs when an avoidable contractual obligation is renounced. Minors or, in some cases, persons who can prove they lacked the capacity to enter a legally binding contract - intoxication, mental incompetence, etc. - can disaffirm a contract and therefore avoid all legal obligations set forth in the contract.

If the product is placed in a container of less than 10 gallons and used immediately, the Funeral Home does not need to re-label the new container. This suggests that re-labeling is only necessary if the product is stored for a longer period of time or if it is transferred into a larger container.

The eldest son should sign the cremation authorization because he is the closest immediate family member and therefore has the legal authority to make decisions regarding the deceased's remains. The fact that Joan is survived by her two adult sons and three brothers does not necessarily mean that all of them have equal authority in this situation.

It is probably best to change to disposable needles and needles that have a safety device inherent to them. Re-capping needles by hand is unsafe!

Constructive possession is a legal fiction to describe a situation where an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as a person with actual possession.

A Cemetery is a nuisance per se....

The court ruled in favor of the plaintiff (Mary) because all of the above reasons were potential factors contributing to the breach of contract by Graves Funeral Home. Mary had explicitly requested a private service, but the obituary published in the newspaper incorrectly invited the public. The funeral home failed to perform due diligence in protecting the service and did not request private security. Additionally, there was no signed waiver holding the funeral home not responsible for security. These combined factors led the court to rule in favor of Mary.

A Funeral Home must inform the employee of a formaldehyde exposure within 15 days. This is necessary because formaldehyde is a hazardous substance that can cause health issues if there is prolonged exposure. By informing the employee within 15 days, the Funeral Home ensures that the employee is aware of the potential exposure and can take necessary precautions to protect their health.

Most Contracts are Simple and "Written" (Expressed)

The correct answer is Post-Conventional stage. In this stage, individuals develop their own set of moral principles that are based on universal ethical values rather than relying on the authority of the group. They understand that there are higher moral principles that should guide their actions, even if they conflict with societal norms or laws. This stage represents a higher level of moral reasoning and autonomy.

The "Contract" is Valid, but due to his Crimes: Forgery, Theft by deception, Mutilation of a corpse, Interstate transport of Stolen goods and other crimes, the Contract is Voidable due to the "FRAUD" in the inducement and the contracts misrepresentation of its material facts (The Forged Consent documents) The Contract is not void...the Medical Lab did not sign on to commit crimes, under the UAGA (Uniform Anatomical Act) the recovery of tissues for research is legal, as long as informed consent is gained,

Based on a real case in Maine in the 1990's. I replaced that Eye Bank Technician.

"Where the death occurs in a hospital, the hospital authority is liable, as the person on whose premises the body is situated, to arrange for the burial or cremation of the deceased patient.” The Common law practice of "HOUSEHOLDER" applies here ! Now that doesn't imply pay for, just a responsibility to make sure it happens. You just can't leave the dead guy in the lobby!

Nolo contendere : is a legal term that comes from the Latin for "I do not wish to contend." It is also referred to as a plea of no contest. In criminal trials in certain U.S. jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. A no-contest plea, while not technically a guilty plea, has the same immediate effect as a guilty plea, and is often offered as a part of a plea bargain

http://www.justice.gov/ust/eo/public_affairs/reports_studies/docs/Rpt_to_Congress_Household_Goods.pdf

Minors can not enter into a contract, however, the Parents might be liable for the debt.

In a "REVOCABLE" Pre-Need Contract any funds in excess of $1,500 will be considered income and non sheltered for the purposes of the funeral contract. They could be seized by the state for SSI / Medicaid Purposes. The Only "REAL" way to shelter these assets is an "IRREVOCABLE PRE-NEED CONTRACT" !

Pg. 99-100 Mortuary Law Text