FOCL Practice Test

Under Texas law, what determines if a person is legally dead?

1. They must have been missing for seven years.

2. They meet the statutory standard of being biologically dead.

3. They must have an official death certificate.

4. They must be pronounced dead by two doctors.

The correct answer is: They meet the statutory standard of being biologically dead.

The determination of legal death under Texas law is primarily based on the statutory standard of biological death. This means that an individual can be considered legally dead when they have lost all vital signs, indicating that bodily functions such as respiration and heartbeat have ceased irreversibly. The emphasis on biological criteria is critical, as it aligns with medical standards for assessing death. While other factors like having an official death certificate or a declaration by doctors may be part of the process following the determination of death, they do not, in themselves, define the moment of death from a legal standpoint. The fact that an individual has been missing for seven years, while relevant in certain legal contexts (like presumed death for the purposes of settling estates), is not a standard for declaring legal death. Therefore, the legal framework focuses on biological criteria as the foundational element for establishing whether a person is considered legally dead.