hand ruling question

[wslee00]

This was at a home game last week:
Question 1: Dealer deals around, exposes one card while dealing, so we take the exposed card and make it the burn. Stupid dealer FORGETS there is already a burn (i asked him to put it on the top of the deck, but the f'er didn't listen) and proceeds to burn one more and put 3 more cards to the flop. It is easily identifiable what the 3 cards should be for the correct flop. Another player tells me that all the live cards have to be mixed in and re-shuffled and a flop has to be re-dealt again. I thought it would be fine to use the 3 cards for the correct flop. What would the correct ruling be?

Question 2: Dealer puts out the turn before flop action is finished. Do you re-shuffle the deck with the burned card or without it?