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Case law
The law as established by the outcome of former cases
A common term in CL is stare decisis - judicial precedent that says previous legal rulings should govern future rulings on similar legal issues
admin law
Admin agencies that are created by state/fed governments are given authority to create rules, regulations, and orders
common law
Consists of maxims, principles, and judicial decisions that have been passed down from 100s of years of jurisprudence
Common law fills in the gaps of our legal system
It provides most of the principles that govern our basic human rights as members of society
quasi property thoery
Decided in Brotherton Vs. Cleveland
With this theory, a dead body isn’t considered property in the commercial sense, but the law does provide a bundle or rights to the NOK in relation to that body. The NOK is given the right to take the body for purposes of disposition, to allow body parts to be used within the confines of the law, to elude others from possession of the body, and to dispose of the body
degree of kindred
Typically goes in this order
Surviving spouse
Adult children
Parents
Adult siblings
Grandparents
Other relatives
In the absence of relatives some state laws provide an executor/guardian to execute the right to disposition
Heir - a person legally entitled to the property or rank of another on that person’s death
torts
A violation of duties with resulting damages
Two duties recognized by the law that impacts FS professionals are
1) the duty to not interfere with the right of burial
2) the duty of exercising reasonable care to keep the FH premises or other places under the control of the FD in a reasonably safe condition
Violations of these duties that result in damages will make the FD liable for a tort
quasi contract
AKA implied in law contract
Imposition (burden) of rights and obligations by law without a contract
(ex: a tenant is supposed to pay their monthly rent of 300, but accidentally paid 400. The law requires the landlord return the repayment of 100)
LLC
Hybrid form of business organization that combines features of both a corporation/partnership
Owners are known as members
initial contact rule
Give the name of FH and their name
Avoid good morning and good evening, seasonal facilitations
personal property protocal
BEST PRACTICE on all property forms - when an item is represented by the family as being solid gold, it should be described as ‘yellow colored metal:’ DO NOT DESCRIBE A WATCH BY USING NAME BRANDS
SSC benefits
Two years from date of death
255.00 death benefit
Spouse (even if living apart)
Child who is eligible for benefits on the deceased’s record in the month of death can get payment
Unmarried who is
18 or up to 19 if they’re a full time student in elementary/secondary school
Age 18 or older with a disability that began before age 22
SSA 721
- statement of death by FD
SSA 8
lump sum benefit, generally the application for death benefit must be filed within 2 years from the date of death
Veteran benefits
VA form 21-530 - burial expense reimbursements. Form must be filled within 2 years of the vet’s final disposition (cremation/burial)
VA 21-2008 - burial flag form
VA 40-0247 - presidential memorial certificates
VA 40 - 1330 - application for headstone or marker (no time limit)
Burial at sea
Weight - add 150 pounds to the foot-end of the casket to ensure ‘feet first’ sinking. Sandbags are the best
Minimum of 6 nylon or metal bands at least an inch wide.
A total of 20 holes, 2 inch in diameter, are to be drilled in the caskets
after care options
Direct = personal contact, community education programs, remembrance services
Indirect = literature, referrals
8 objectives of FS personnel
Attention to detail
Reverence for sacred objects
Appropriate deference to clergy/officiant
dignity/decorum
Smoothness of procedure
Flexibility of adaptation to various customs/cultures
Awareness of honorarium policy/related fees
Awareness of local,regional, and cultural variations
islam traditions
At time of death, courtesy call to Imam
Eyes closed
Prayers recited and decedent covered
Use of camphor or lotus leaves
Ghusl
Make arrangement for the washing of the dead and wrapping in kafan
Deceased will be washed an odd number of times
Men wash men, women wash women
Kafan
3 pieces of clothes for men
5 pieces of cloth for women
Service
At mosque - mark regarding qiblah (true direction of mecca)
Men will be positioned with the head at the mark of qiblah
Women will be positioned with waist at the mark of qiblah
episcopal church (liturgical)
ceremonies similar to roman catholic church
Entrance rite (blessing/polling)
processional/recessional with acolytes
Communion as part of the funeral rite
Flowers are NOT permitted in the nave
Eulogy NOT permitted
Rubric - book of common prayer
lutheran church
liturgical
ceremonies similar to the roman catholic church
Entrance rite (blessing/poling)
Processional/recessional with acolytes
Commission as part of the funeral rite
Rubrich - lutheran book of worship
non liturgical protestant
Will have scripture reading/sermon as part of the funeral service
Funeral rite and customs are based on congregational and ministerial preference
Some non-liturgical protestant groups
Amish
Mennonite
Baptist
Church of god
Church of Christ
Apostaolic church
Nazarene
restoration churches
church of LDS, christian science, jehovah’s witnesses are not technically protestant but they ARE NON-LITURGICAL
LDS
No honorarium required
Families will meet in the relief society room, or in a private room of the FH with the minister, relief society, or ward leader.
church of christ scientist
Mother church - oldest OG church from which other like-minded congregations have sprung
practitioner/reader - in the church of christ, scientist, one authorized to read lessons/scriptures
Prohibits of the terms death or deceased - prefers the term ‘passed on’
Funeral service is never held at a church
jehovah’s witness
Elder - governing officer at a church, often having pastoral or teaching functions; specific duties dependent upon various denominations
Kingdom hall - the worship facility for jehovah’s witnesses
Non members of faith CAN’T speak at the funeral service
Approved readings and approved music
Buddhist funeral rite
REMEMBER the placing of items in the deceased’s mouth
REMEMBER the use of the book of dates for proper casketing/service
When working, mourners may wear a black ribbon on the chest or black band on arm to symbolize mourning
Masonic Lodge
One of the oldest/largest frat organizations in the world
The fraternal additions are a lambskin apron placed around the waist of the dead, and a sprig of evergreen fastened on the lapel of the deceased coat
order of eastern star
Composed of female relatives of masons who hold a master mason degree or higher
Funeral service held the evening prior to the service or before leaving for the graveside/cryptside service
oder de molay
Began in 1919 - provides leadership skills for boys 12-21
May offer services at home, funeral home, church, or cemetery
national grange of the order of patrons of husbandry
Formed in 1867, promotes agricultural regions and issues (protect farmers, ranchers, and foresters)
A sprig of evergreen is placed on the casket
military organizations
Order of participants in a military funeral cortege
1) band
2) escort (firing party/buglar)
3) colors and guard
4) clergy
5) caisson and casketbearers
6) honorary casketbearers (if any)
7) family and friends
21 individuals in a full detail
rules regarding flag display for military funerals
Closed casket - center the flag on the casket so that the blue field is at the head and over the left shoulder of the dead
Half couch casket - open casket, arrange the flag in 3 layers to cover the closed half of the casket. Blue field on the left, tuck white margin along the hoist of the flag under the blue field
Full couch casket - fold the flag into a triangle and place it in the casket cap just above the left shoulder of the deceased
pacemakers
Veins used for pacemakers - the subclavian and cephalic vein
Contains lithium iodide and must be removed prior to cremation with authorization
Only licensed embalmers can remove this with family’s permission at the funeral establishment
Embalmers should use a semilunar incision along the superior border of the device
socialogy of FS
The science of social groups and their effects on the funeral practices and disposition
Begins with the initial call or arrangement conference and ends with final disposition
Psychology of FS
Begins with the death (or impending death) and ends with the mourning process (resolution)
culture
- the rules, ideas, beliefs shared by members of society of and for living/dying, which are learned directly/indirectly
religion
- a culturally entrenched pattern of behavior made up of sacred beliefs, emotional feelings accompanying the beliefs, and over conduct presumably implementing the beliefs/feelings
cremation
The cremation process might be completed in as few as 60 minutes or take as long as 3 hours depending on the case/equipment
Temperature - 1400 - 1800 (760 C - 982)
Turbulence - created in the secondary chamber by the presence of baffled walls
trends - choosing cremation
Cost
Environmentally responsible (note alkaline hydrolysis) - chemicals, land
Religious - greater acceptance
Event planning
Education levels
Life expectancy
Migration to retirement locations
Socially acceptable
prepare deceased for visual ID
A visual ID certifies that this is the right person beyond any doubt
Visual ID stresses the irreversibility of the cremation process. Should always be encouraged when cremation is chosen for final disposition
Visual ID facilitates the grieving process and establishes a basis for certifying the death has occurred
A visual ID policy builds trust and is foundation in risk reduction
cremation facts
Zinc - elements which can produce a white smoke which exits the charging door
Cremation temp - 1400 - 1800 Fahrenheit of 800-1000 C
Temporary container - urns which can be scanned by TSA
Cremate first of day - persons of size/polished caskets
Cremate whenever - any sequence if no person of size or polished caskets
Cremate last of day - metal containers
waste type 4
Human and animal remains, consisting of carcasses, organs and solid organic waste from hospitals, labs, abattoirs, animal pounds/similar sources
This type of waste contains up to 85% moisture and 5% incombustible solids
Heating value of 1,000 BTU/Lb as fired’
cremation order part 1
Any casket/container that contains a body 300 lbs or heavier must be the first of the day in a cold machine
Highly polished caskets - highly combustible
Plain finished wooden caskets
Cardboard containers
Most popular and can be cremated in any sequence
Particle board containers
Often covered with fabric to enhance their appearance
Metal containers
Should be LAST of the day
Remove the lid prior to loading
cremation order part 2
Plastic and fiberglass caskets
NOT SUITABLE FOR CREMATION and MUST be REJECTED
Can cause environmental problems and danger to refractory materials in the cremation chamber
Soft metals
Soft metals such as zinc are sometimes used in handles and trim
This material should be removed before being loaded into the cremation chamber
Plastics - NOT SUITABLE FOR CREMATION
Pouches - don’t require special precautions, and may be cremated whenever like cardboard
Softwoods
woods from cone bearing (coniferous) trees
Spruce
Redwood
Pine
Cedar
hardwood
deciduous tree (lose their leaves once a year)
Birch
Cherry
Mahogany
Maple
Oak
Pecan
Walnut
ferrous metals
The lower the gauge the heavier the casket
Measured by US standard gauge
Measured by thickness
Iron
non ferrous metals
Bronze - metal alloy consisting of 90% copper with tin and sometimes zinc comprising the other 10%
Copper - a malleable ductile, metallic element having a characteristic reddish-brown color
Brown and sharpe gauge - measurement used for non-ferrous metals (ounces)
Cap
Lid
The topmost part of the casket shell
Includes the ogee, crown, pie, and header
crown
swell
- the uppermost part of the casket cap
pie
fishtail
The wedge-shaped portion of the cap/lid at each end of the crown
rim/ogee
‘S’ shape molding that’s a component part of the casket cap
rim flange
ogee flange
Turned under edge (horizontal) of the casket rim which contacts/touches the gasket or body ledge flange
body
Portion of the casket containing the top body molding, body panel, base molding, and casket bottom
base molding
Molding along the lowermost edge of the body panel
ear
The part of the casket handle that is attached to the casket body
Bail handle - a single handle is which the lug, arm, and bar are combined in one unit
concrete sectional
Unfinished slabs of concrete (6-8) are placed around the casket
Doesn’t have a bottom, allows those of orthodox faiths to touch the soil
grave box
Outer enclosure consisting of a body and a one or two piece lid
air seal
Method of closure that uses the air pressure created by placing the dome of the vault onto the base of the mold
vaults
An outer enclosure that offers protection from the earth load as well as other protective qualities
bevel top marker
A small headstone set above the ground with a slanting top
slant marker
A cemetery marker that has a face angle greater than 45 degrees but less than 90 degrees in relationship to the terrain
flush marker
A headstone which is set parallel with the surrounding terrain
Memorial park - a cemetery that only allows flush markers
impact load
- when a large amount of fill-dirt is dumped onto the OBC as the grave is filled
static load
when a grave encompasses the forces resulting from cyclic freezing/thawing of the earth
dynamic
when heavy cemetery equipment drives over or is stationed above a grave
differential load
when the soil from a grave under excavation is placed on top of an existing grave
grief
An emotion/set of emotions due to loss
mourning
Outward expression of grief (process)
bereavement
The act/event of separation or loss that results in the experience of grief
elizabeth kubler ross - stages of dying
Denial
Anger
Bargaining
Depression
Acceptance
4 tasks of mourning - william worden
To accept the reality of the loss
To experience the pain of grief/express emotions associated with it
To adjust to the environment where the deceased is missing
To find enduring connection with the deceased embarking on a new life
eric lindemann
Grief syndrome - a set of symptoms associated with loss
Grief work - a set of basic tasks that must be completed for successful mourning to take place
disasters
An occurence of a severity/magnitude that normally results in death, injuries, property damage, and can’t be managed through the routine procedures and resources of the government
Terror - exposure to a life-threatening situation/directly witnessing or experiencing overwhelming forces
Horror -seeing the conditions of victims
achieving contact
Establish rapport
Convey genuine respect, trust, acceptance
Reassuring they can be helped
boiling down the problems
Filtering out irrelevant data
Identify major problems
Identify and legitimize the feelings/emotions of the person
coping with the problem
Develop successful coping mechanisms and goals
Inventory the client’s personal resources
Formulate alternative for strategies
Establish goals
review/refine the plan as necessary
Take action
Follow up when possible
natural facial markings
SLAP DONNA
S - Submental Sulcus
L - Labiomental Sulcus
A- Angulus Oris Eminence
P- Philtrum
D - Dimples
O - Oblique Palpebral Sulcus
N - Nasal Sulcus
N - Nasolabial Fold
A - Angulus Oris Sulcus
acquired facial markings
- CLIMB IN POTS
C - Cords of the neck
L - Labial Sulci
I - Interciliary Sulci
M - Mandibular Sulcus
B - Bucco-Facial Sulcus
I - Inferior Palpebral Sulcus
N - Nasolabial Sulcus
P - Platysmal Sulci
O - Optic Facial Sulci
T - Transverse Frontal Sulci
S - Superior Palpebral Sulcus