LAW & ETHICS
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Created by:
sisterlt1 on April 10, 2012
Classes:
Malcolm X College Mortuary Science Department
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230 terms
Terms | Definitions |
|---|---|
 Legal age | Varies from state to state |
| Funeral homes w/ ________ or more employees fall under the coverage of the employment-related provisions of the ADA | 15 |
| The revocation of a will may occur by | Operation of law, Codicil, Act of the Testator |
| To protect the funeral home from liability, it is imperative that the FD obtain _____to cremate the body | Written authorization |
| An instrument in writing authorizing one person to do anything for the principal | General Power of Attorney |
| An addition or amendment of a last will & testament executed w/ the same formality of the will | Codicil |
| Addition or corrections to a will | Amendments |
| Under the _____ of the OSHA, the employer must furnish each employee employment and a place of emloyment free from recognized hazards | General Duty Clause |
| The method of dividing an estate where a class of group of descendants take the share which their deceases would have been entitled to had their deceased survived | Per Stirpes |
| Order of intestate succession | Surviving Spouse, Children, Surviving Parents |
| A man appointed by the court to settle the estate | Administrator |
| Power of Attorney may be | Durable, General, Springing |
| An instrument in writing authorizing one person to act as an agent for another affective only upon a certain event occurring | Springing Power of Attorney |
| Get signed by all who may have any say in the disposition of the deceases - even if they do not have the primary right and duty of disposal | Cremation Authorization |
| Refers to the physical and mental condition of a personal making a will | Testamentary Capacity |
| The reduction of a dead human body to inorganic bone fragments by intense heat in a specifically designed retort or chamber | Cremation |
| One of the unethical practices that has been the subject of many of the cremation liability cases is | Comingling of Remains |
| _____ is the single most serous civil misdeeds that a funeral home can commit | Cremation of the wrong body |
| In those states in which it is permitted, it is valid only if made during the maker's final illness and in the presence of witnesses | Oral Will |
| A soldiers and sailor will is a nuncupative will, informal in nature, in which a soldier in the field or sailor at sea may dispose of | Personal Property only |
| One who inherits | Heir |
| Do not throw away, dump, discard or scatter, but store | Unclaimed Cremated Remains |
| One who inherits real estate under a will | Devisee |
| Like a valid contract, a valid will must always be | For Legal Purpose |
| Training records, under the Bloodborne Pathogen Standard, must be kept _____ years from the date in which the training occurred and include the dates of the training sessions, the contents or summary of the training sessions, names and qualifications of the person conduction the training and names and job titles of all persons attending the sessions | 3 |
| While all states have their own laws describing the requirements of a valid will, most include | Testamentary Capacity, Freedom from Duress, Freedom from Fraud, Freedom from Undue Influence, In Writing, Witnesses |
| The _____ is up to the family and in accordance with the law, if any | Disposition of Cremated Remains |
| The Fair Labor Standards Act covers WOTF areas of employment law that are important to funeral service | Minimum Wage, Overtime Compensation, Equal Pay |
| Duties of the personal Representative | Inventory, Pay Claims, File and Pay Tax |
| A proportional reduction of a legacy under will when assets out of which such legacy are payable are not sufficient to pay it in full | Abatement |
| In most states, a will must be signed in the presences of _____, depending on the state | two or three witnesses |
| One who inherits REAL ESTATE under a will | Devisee |
| The cancellation of an instrument, act, license, or promise | Revocation |
| One type of special will is that made by a person on active duty in the Armed Forces. It may be oral or written | Soldiers and Sailors Will |
| A method of dividing an estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree to the decedent | Per Capita |
| The state or condition of dying w/out having made a will | Intestacy |
| An oral will | Nuncupative Will |
| To prevent the cremation of the wrong body, _____ is of the utmost importance | Identification |
| A man appointed in the will to carry out the provisions thereof and settle the estate | Executor |
| A gift of personal property by will | Legacy, Bequest |
| A will written completely in the maker's handwriting and then signed and dates | Holographic Will |
| The PROving of a will | PRObate |
| Forfeiture of a decedent's property to the state in the absence of heirs | Escheat |
| A will written entirely by the testator with his own hand | Holographic |
| A federal statue that governs express and implied warranties | Magnuson-Moss Act |
| A legal document directing how real and personal property should be distributed after the death of the person making the document | Will |
| An instrument in writing authorizing one person to act as agent for another | Power of Attorney |
| Generally, the purpose of the employment provisions of the _____ is to prohibit employers from discriminating against disabled individuals in all phases of the employment relationship | ADA |
| Cremation of the wrong body, wrong, cremated remains returned to the family is considered a | Tort |
| Insolvent estate (state statute controls priority of claims) - usual priority of claims | Funeral Expense, Administration Expense, Taxes, Last Illness |
| Be used to make way for a new highway or some other structure that will benefit the majority of the public | Eminent Domain Proceeding |
| A _____ is a wrongful act committed by one person against another person or their property | Tort |
| Case Law has established that primary liability for funeral expenses is upon the | Estate |
| In WOTF cases have claims against funeral directors traditionally allowed for mental anguish. Cases involving a/n | Outrageous Act, Intentional Act, Act Involving Gross Negligence |
| The failure to perform a manifest duty or performing that duty with reckless disregard of the consequences as affecting the life or property of another | Gross Negligent Act |
| WOTF might impose restrictions on funeral establishments | Ordinances, Building Codes, Restrictive Covenants (Dead Restrictions), Covenants Not to Compete, Nuisance Laws |
| Failure to perform any and all obligations specified or implied in a contract | Breach |
| Failure to perform a manifest duty or performing that act with TOTAL disregard for the consequences of that act | Intentional Act |
| The performance of an act with COMPLETE disregard for proper conduct that transcend the bounds of common decency | Outrageous Act |
| WOTF might be considered desecration of a grave | Vandalism, Sacrilege, Defilement |
| WOTF are types of contracts recognized at law relative to the funeral bill | Implied, Express, Quasi |
| A Funeral Director is liable for the actions of _____ if he or she holds out such cars and drivers as his or her own | Livery Drivers |
| A landowner's use of property that interferes the pubic or another landowner's use of property | Nuisance |
| WOTF are duties recognized by the law that impact directly on the Funeral Director | Duty not to interfere with the right of burial (disposition), Duty of exercising reasonable care in regard to the body and the funeral home premises |
| For a Covenant Not to Compete to be valid at law the terms must be reasonable with respect to | Geographical Area, Length of time of Restriction, Scope of Activity |
| Private reasons for disinterment might include | Consolidate burial plot of family members at cemetery, Disinterment and reinterment at another place, To recover improperly buried valuables |
| Act, occupations or structures that are nuisances at all times and under all circumstances | Nuisance per se |
| The degree of the duty of care a landowner owes to a person on the landowner's property depends on the status of the persons. Put these visitors improper order of care from highest level to lowest | Business Visitor, Social Guest, Trespassor |
| WOTF cemeteries may discriminate | Private |
| Written premise, or obligation; promise made by the grantor in a warranty deed or as terms of employment such as not to compete | Covenant |
| The term _____(from Greek; sleeping place) implies that the land is specifically designated as a burying ground | Cemetery |
| A law passed by a municipality by virtue of the police that regulates and prescribes the kind of building, residences, or business that shall be built and used in different parts of the municipality | Zoning Laws |
| Express Contracts employed in funeral service may be | Pre-need, At Need |
| The funeral home is typically not liable for the actions of volunteer drivers because | They are not an agent of the funeral director, The driver had not been drinking |
| Embalming is not required by law | In any state, U.S. possession or the Dist. Of Columbia, Except in certain special cases |
| Typically, a driver is liable for his or her own torts provided | No agency has been established with the funeral home |
| WOTF is true of agent drivers | The Funeral Director has liability & Control |
| WOTF agencies might impose Federal standards on the regulatory specifications on the operation of funeral homes | OSHA, EPA, ADA |
| Some municipalities have restrictions on funeral processions. These restrictions may include | Police or other escort required, Marking of the cars required, Number of cars allowed |
| It is well-established that the state has power to seek an exhumation for the purposes of gathering evidence for a/n | Criminal or Civil Case |
| When is embalming required by law? | Public Visitation (other than immediate family members), Transportation across state or county lines, Death due to certain communicate diseases, Body to be held more than 24 hrs. w/out benefit of refrigeration |
| When an individual buys a cemetery plot they | Acquire License/NOT REAL Property |
| A funeral home owes the duty of _____ to each invitee to the funeral home to maintain the premises in a/n _____ safe condition for its intended use | Care - reasonable |
| Items may be deemed necessary for a funeral based upon | Custom, Religion, Fraternal Requirements, Legal Requirements, Cemetery Requirements |
| There must be a reasonable assumption that information can be obtained for disinterment to be ordered in the | Public Interest |
| A straight forward contract - I promise to pay - may be oral or written | Express Contract |
| The location of a cemetery may be determined by | Zoning Ordinances, Eminent Domain |
| Bodies have been disinterred in the PUBLIC interest where they may constitute a threat to | Public Health |
| The removal of a human remains previously buried in the earth | Exhumation, Disinterment |
| A place in which dead bodies and cremated remains are buried | Cemetery |
| A covenant not to compete is a permissible restraint of trade as long as | It is a part of a valid contract for employment or sale of a business, Terms are reasonable |
| WOTF may be allowable cost items of a funeral | Embalming, Professional Service, Facilities, Casket, Clothing, Transportation, Cemetery or Cremation Cost, Headstone or Monument, Flowers, Newspaper Notices, Outer Burial Container |
| At which of these particular premises would the funeral director be expected to offer the highest level of care | Funeral Home |
| WOTF might the funeral home be able to look to for the payment of the funeral bill | The estate of the decedent, Surviving Spouse, Parent of a minor, the Gov't |
| Act, occupations or structures that are not nuisances per se, but many become nuisance by reason of the location or manner in which is operated | Nuisance in fact |
| Which is the proper order for imposing liability for family necessities | Spouse for spouse, Parents for minor &/or dependent children, Volunteer, Public Authorities |
| This type of contract is not a contract at all, but one imposed by law for a need that the individual is unable to contract for him or herself | Quasi Contract |
| Type of contract imposed by law on an accident victim needing medical attention, but the victim is unable to contract for themselves | Quasi Contract |
| Cemeteries may be classified as | National, Private, Public |
| WOTF may the court use to place limitations on the funeral bill | Size of Estate, Status in Life, Reasonableness of charges, Funeral Director's knowledge of decedents financial condition, Local or Ethnic customs |
| These are interrelated, but they are completely separate and distinct from one another. Frequently, they may be vested in one person or distributed among as many as three different people | The right and duty of final Disposition |
| A Person engaged in learning the Practice of funeral directing and or embalming under instruction, direction or personal supervision of a fully licensed funeral director and or embalmer | Apprentice, Intern, Resident |
| The reduction of the body to inorganic bone fragments by intense heat in a specifically designed retort or chamber | Cremation |
| WOTF has historically been a concept of property rights in a dead human body | Property Theory, Quasi Property Theory & No Property Theory |
| Currently accepted view of the property rights concerning a deceased human body in the United States of America | Quasi Property Theory |
| Under modern day business law, all states have adopted the _____, although Louisiana has adopted on portions of it | Uniform Comercial Code |
| Most of the definitions of death from among the various states no contain the word | Irreversible |
| Merchant Law dating back many thousands of years evolved into modern day | Business Law |
| The inherent right of the governmental bodies (state and federal freely elected by the people) to make reasonable laws to protect the safety, health, and general welfare of its citizens | Police Power |
| The physical possession of the dead human body | Actual Custody |
| An agency put in place by the various states to over see the activities of the specialized professions serving the citizens of that state | State Boards |
| May be actual or constructive | Custody of the body |
| In most cases of _____ the body becomes a cadaver for anatomical study | Donation |
| The "conclusive" performance of services with respect to the dead human body | Final Disposition |
| A law permitting a person of legal age and sound mind to give all or any part of his/her body to take effect upon his/her death or gives that right to another | Uniform Anatomical Gift Act |
| Laws enacted by Congress of the United States of America are _____ laws | Federal |
| An act of police power held by the states in an effort to protect the citizens of that state from unknowledgeable, untrained or unscrupulous individuals _____ laws | Licensure |
| Funeral Service law is sometimes referred to as | Mortuary Jurisprudence |
| A federal statute prohibiting discrimination against the disabled in employment, public transportation, telecommunications services and public accommodations and services operated by private entities | ADA (American Disability Act) |
| A policy of courts to stand by a precedent and apply it to all future cases where the facts are substantially the same | Stare Decisis |
| The body of a dead human being deprived of life, but not yet entirely disintegrated | a dead human body at law |
| Under federal law | Bills are passed |
| A third party with actual custody (like a funeral director) becomes a _____ and the legal protector of the dead human body from the time of removal until final disposition | Custodian |
| WOTF would make the wishes of the decedent known | Pre-Arrangements, Other Declarations & Will |
| WOTF are rules to be followed after a divorce in today's society | Kids are NEVER divorced from parents (but may become estranged), The custodial parent has prior rights in controlling a child's funeral, Divorce only affects spouses( Not their relatives) |
| Place in their proper order (1st, 2nd, 3rd) the following degrees of kinship | Adult Children, Surviving parent/s (absent ANY ADULT children), Siblings (brothers/sisters - absent ANY adult children), Aunts/Uncles |
| WOTF may be considered as sources of law that could impact funeral home operations | Constitution of U.S., Statutes, Administrative Agencies, Ordinances, Case Law, Common Law |
| A person, properly licensed, who disinfects, preserves, or restores a dead human bodies | Embalmer |
| These practices are under the control of the various governmental agencies in an effort to insure that there is fair and equitable treatment of all individuals | Business operations |
| A Governmental agency with environmental protection, regulation and enforcement authority | EPA (Environmental Protection Agency) |
| Absent any wishes from the decedent and any kin, the secondary right to control the funeral would fall to the | County, Local Government (City/Town/Village), State |
| In order to be considered a dead human being, the remains must be | Recognizable as those of a human |
| Burial in the ground | Interment |
| Laws enacted by the various STATE LEGISLATURES are _____ laws | State |
| The total and IRREVERSIBLE cessation of brain function as indicated by the flat EEG reading | Brain Death |
| A governmental agency with the responsibility for regulation and enforcement of safety and health matters for most employees | OSHA |
| The right control of the funeral for this person is absolute no matter how many ex-spouses, or adult children there are and in the absences of written direction from the deceased | Surviving Spouse |
| When one spouse kills the other, this is the _____ which would deny any rights to control the funeral | Ultimate Estrangement |
| Laws enacted by legislative bodies (both Federal & state) are called | Statutes |
| The concept that the dead human body had _____ and belonged to the person who, by marriage or kinship, had the right and duty of disposition | Property Rights |
| A dead human body at law | Corpse |
| WOTF are examples of agencies (may be federal & or state) | FTC, OSHA, EPA, ADA |
| Under Canon Law, the body was held to belong to the Church or to God and therefore had ____ belonging to any individual | No Property Rights |
| The only way that a spouse may be defeated is express directions of the decedent, or | Estrangement |
| Case Law had made it clear that the right to _____ has a definite order or preference | Control final disposition |
| Laws passed by municipal governing bodies (cities/towns/villages) | Ordinances |
| Where a party had a right to acquire possession although another party has actual possession | Constructive Custody |
| An agency of the federal government created in 1914 to promote free and fair competition by prevention of trades restraints, price fixing, and other unfair methods of competition | FTC (Federal Trade Commission) |
| A judicial appointment of a person to administer the affairs of another person who is incompetent the virtue of age or legal disability | Guardian |
| Non-Legislated principles and rules of action predicated upon usages and customs | Common Law |
| WOTF would be a part of a funeral director's individual/personal ethics | professionalism |
| WOTF is a rule of ethical conduct that is found in most major religions? | The Golden Rule |
| WOTF is considered unethical publicity for a funeral director | Misrepresentation in warranties |
| A declaration or public statement of professional standards of right & wrong conduct defines a(n) | Code of Ethics |
| The ethical funeral director should not | advise each family what casket they should select |
| With respect to the funeral industry, private & governmental agencies are examples of | allied services |
| WOTF is a desirable characteristic of an ethical funeral director? | Compassionate |
| With respect to pre-need funeral arrangements, WOTF records should be kept on file at the funeral home except | preferences of family members who have not signed the contract |
| With personal effects of a deceased in his custody, the ethical funeral director should not | place them in a bag & leave them in the preparation room |
| Law is defined as | the rules that govern society |
| In regards to an ethical funeral director's relationship w/ his competitors, WOTF is considered a proper goal? | Cooperation |
| The set of values, ideas, & opinions of an individual or group is known a | philosophy |
| When a funeral director makes arrangements w/ a family, he should | be factual & knowledgeable. |
| With respect to ethics, the term citizenship refers to | the behavior or character of an individual viewed as a member of society |
| WOTF is an ethical obligation that a funeral director owes to his professional association? | Participate in continuing education |
| WOTF is an allied professional or service that the ethical funeral director is professionally concerned with? | Organ Donation |
| In regard to employer-employee relationships, the ethical funeral director should | provide thorough training. |
| WOTF consists of the rules, ideas & the beliefs shared by members of society for living & dying which are learned directly or indirectly? | Culture |
| A philosophy that does not focus on the worship of a god or gods is considered to be | non-theistic |
| The branch of philosophy dealing w/ values relating to human conduct, w/ respect to the rightness & wrongness of certain actions & to the goodness & badness of the motives & ends of such actions is | ethics |
| In choosing your source of supply of caskets, the most important qualification of the manufacturer is | a policy of standing behind their product. |
| Principles of morality, including both the science of good & the nature of right is | ethics |
| In regards to professional boards, the ethical funeral director should NOT | only abide by the rules that he agrees with. |
| WOTF is not considered ethical in regard to the deceased body? | allowing a personal friend to watch the embalming procedure |
| The cultural heritage or identity of a group, based on factors such as language or country of origin is known as | ethnicity |
| What is good & moral in business transactions is the definition of | business ethics |
| A stage of moral development in which the expectations of the social group (family/community & nation) are supported & maintained is known as | Conventional stage. |
| In reference to ethics, advice given to someone else to help then w/ a problem is termed | counseling |
| WOTF should NOT be discussed in the funeral arrangements conference? | Educational programs |
| If a funeral director receives the remains from another funeral home & the conditions are below standard, he should | attempt to make the remains presentable before viewing |
| When making pre-need arrangements, a good ethical practice is to | secure all funeral home records in a safe place. |
| Fidelity to moral principle is the definitions of | integrity |
| A term that is synonymous w/ ethical, & that refers to the customs, values, & standards of practice of a group, age, or theory intended to be timeless is | moral |
| A philosophy that focuses on the worship of a god or gods is called | a theistic philosophy |
| When w/ a family during an arrangement conference, it is good ethical practice to | provide the family w/ documentation of all business transactions. |
| In regards to competitive relationships, WOTF is not a good ethical practice | Defamation of competitor |
| WOTF is not a good example of ethical employer-employee relationships? | Favoritism |
| According to Kohlberg, stage of moral development in which the individual considers universal moral principles which SUPERSEDE THE AUTHORITY OF THE GROUP is called | post conventional stage |
| Kohlberg's stage of moral development in which moral reasoning is based on reward & punishment from those in authority is the | pre-conventional stage |
| Kolberg's stage of moral development in which the individual is characterized as not understanding the rules or feeling a sense of obligation to them is the | pre-moral stage. |
| A culturally entrenched pattern of behavior mad up of sacred beliefs, emotional feelings accompanying the beliefs & feelings is AKA | religion |
| Moral principles that vary w/ circumstances are referred to as | situational ethics |
| WOTF is not good ethical behavior in regard to treatment of the deceased? | Necromania |
| WOTF is not an allied profession or service to the funeral industry? | Banking professional |
| WOTF denotes good professional ethics in community relationships? | Speaking to a local church group |
| WOTF is not good personal ethical trait? | infidelity |
| Beliefs that are held in high esteem are | values |
| WOTF is a consideration in the funeral director's community relationship? | relationship w/ the clergy |
| WOTF terms means related, as in related professions? | allied |
| A system or code of morals of a particular philosopher, religion, group, or professions is called | code of ethics |
| Maintaining discreet client relationships would fulfill what ethical practice? | Confidential philosophy |
| All of the following statements are true of ETHICS EXCEPT | that ethics are imposed EXTERNALLY |
| All of the following are true of laws EXCEPT | they are imposed INTERNALLY |
| An ethical funeral director is exposed to be knowledgeable & give factual representation of all of the following EXCEPT | all known religious practices |
| WOTF terms is defined as having a sense of honor, and fair dealings? | Honesty |
| A reason or desire that acts as a catalyst to spur on to a specific action is called | a motive |
| WOTF is an example of unethical publicity? | Fraudulent promotion |
| WOTF is a reason to have continued education in funeral service? | Good for self improvement |
| WOTF would be ethical obligation to your professional association? | To share time & talents |
| All of the following would be considered part of a funeral director's individual/personal ethics EXCEPT | his/her relationship to allied professions |
| The ethical funeral director should | provide professional service to all who apply |
| All of the following ethical standards apply to the deceased while under the care of the funeral home or embalming service EXCEPT | embalming should be completed as quickly as possible w/out regard to proper case analysis |
| All of the following would be considered an allied service EXCEPT | The public agency |
| When dealing responsibly w/ the media, an ethical funeral director should | be discrete in the information he/she releases |
| All of the following would be considered components of an ethical funeral director's employer-employee relationship EXCEPT | The employee's religious background |
| WOTF is a good ethical behavior in regard to treatment of the deceased? | cleanliness in the preparation room |
| WOTF is an ethical consideration in regard to the care of the deceased body? | Entrusted care by the family |
| All of the following is an ethical consideration in regard to the care of the deceased body? | maintaining the privacy & security of the arrangements |
| In regards to employer-employee relationships, the ethical funeral director should | provide environmentally safe working conditions |
| WOTF would be the best example of ethnicity? | Jewish |
| With regard to colleagues, an ethical funeral director should be willing to do all the following EXCEPT | share profits w/less fortunate funeral directors |
| In maintaining a high standard of conduct w/ a competitor, the funeral director would be wise to | respect the bereaved family's choice of a funeral establishment |
| In recognizing ethical standards in his professional responsibility to the press, the funeral director | must exercise discretion in releasing confidential information. |
| WOTF is considered to be a component of a funeral director's individual relationships? | His/Her relationship w/ family |
| If a person complies w/ the laws of his/hers community solely because of fear of going to prison, which stage of Kohlberg's moral development are they complying w/? | The pre-conventional stage |
| The state of Attorney General of a given state requires a $10 fee for each pre-need contract written. This would be an example of | Law |
| All of the following are examples of Kohlberg's stages of moral development EXCEPT | the moral stage |
| If a person considered universal moral principles to SUPERCEDE THE AUTHORITY OF THE GROUP, he/she is complying w/ which of Kohlberg's stages of moral development? | The post conventional stage |
| Ethics is probably best defined | as the discipline dealing w/ moral duty & obligation |
| In his ethical obligations to various professional associations, the funeral director should | urge the professional solidarity |
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