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Questions and Answers
Disinterment is the process of
Disinterment is the process of
- Examining remains for evidence
- Burying remains in a new location
- Cleaning and preserving remains
- Removing remains from the place of burial (correct)
Why is disinterment generally disfavored as a matter of public policy?
Why is disinterment generally disfavored as a matter of public policy?
- To exercise eminent domain
- To protect the rights and peace of mind of survivors (correct)
- To provide evidence in a civil or criminal case
- To prevent contamination of groundwater
Who must show good cause for disinterment?
Who must show good cause for disinterment?
- The medical examiner
- The survivors
- The person seeking disinterment (correct)
- The court
In what situations can disinterment be done in the public interest?
In what situations can disinterment be done in the public interest?
When can disinterment be ordered by a court or a medical examiner/coroner?
When can disinterment be ordered by a court or a medical examiner/coroner?
For what purpose are remains usually reinterred in the same place when disinterment is in the public interest?
For what purpose are remains usually reinterred in the same place when disinterment is in the public interest?
What can disinterment in the public interest be done to protect?
What can disinterment in the public interest be done to protect?
What does disinterment for private reasons generally involve?
What does disinterment for private reasons generally involve?
What are some reasons for disinterment for private purposes?
What are some reasons for disinterment for private purposes?
How many reasons for disinterment for private purposes are mentioned in the text?
How many reasons for disinterment for private purposes are mentioned in the text?
Which one of these is a potential reason for disinterment?
Which one of these is a potential reason for disinterment?
In most states, who has the right to request disinterment?
In most states, who has the right to request disinterment?
What is required in most states to carry out a disinterment?
What is required in most states to carry out a disinterment?
If there is no statute controlling disinterment, what controls the decision?
If there is no statute controlling disinterment, what controls the decision?
What factors would a court consider when deciding whether to allow disinterment?
What factors would a court consider when deciding whether to allow disinterment?
Are religious canons and the religious beliefs of the deceased binding in a court decision regarding disinterment?
Are religious canons and the religious beliefs of the deceased binding in a court decision regarding disinterment?
What is the legal consequence of performing a disinterment without proper authorization?
What is the legal consequence of performing a disinterment without proper authorization?
What is a potential reason for preventing disinterment?
What is a potential reason for preventing disinterment?
Who may need to supervise the disinterment according to statutes?
Who may need to supervise the disinterment according to statutes?
What is a potential consequence of cemetery disrepair or abandonment?
What is a potential consequence of cemetery disrepair or abandonment?
Study Notes
Disinterment Process
- Disinterment is a process that is generally disfavored as a matter of public policy.
Public Interest Disinterment
- Disinterment can be done in the public interest in certain situations.
- Remains are usually reinterred in the same place when disinterment is in the public interest.
- Disinterment in the public interest can be done to protect public health, safety, or welfare.
Court-Ordered Disinterment
- A court or a medical examiner/coroner can order disinterment in certain circumstances.
- Good cause must be shown for disinterment.
Private Disinterment
- Disinterment for private reasons generally involves the relocation of remains to a different burial site.
- Reasons for private disinterment include:
- Family reunion or reburial
- Cemetery relocation or closure
- Personal or religious reasons
- There are at least 3 reasons for private disinterment mentioned in the text.
- A potential reason for disinterment is to relocate remains to a different burial site.
Legal Aspects of Disinterment
- In most states, the right to request disinterment lies with the next of kin or persons with a legal interest in the deceased.
- To carry out a disinterment, a court order or authorized permit is usually required.
- In the absence of a statute controlling disinterment, the decision is controlled by common law or court rules.
- Factors considered by a court when deciding whether to allow disinterment include:
- Public interest
- Private interests
- Religious beliefs
- Family wishes
- Religious canons and the religious beliefs of the deceased are not necessarily binding in a court decision regarding disinterment.
- The legal consequence of performing a disinterment without proper authorization is criminal liability.
- A potential reason for preventing disinterment is to respect the deceased's original burial wishes.
Regulation and Supervision
- Statutes may require supervision of disinterment by a medical examiner, coroner, or other authorized person.
- A potential consequence of cemetery disrepair or abandonment is the need for disinterment and relocation of remains.
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Description
Test your knowledge on the topic of disinterment with this quiz. Learn about the reasons why disinterment is generally disfavored as a matter of public policy, including the importance of respecting the desires of the deceased, the rights and peace of mind of survivors, and the protection of public health.
