MCC MORTUARY SCIENCE LAW EXAM 1 WITH BEST SOLUTIONS

MCC MORTUARY SCIENCE LAW EXAM 1 WITH BEST SOLUTIONS

Mortuary Law and Mortuary Jurisprudence - ANSWER Funeral Service Law is also known as?

Mortuary 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