Business Law, Funeral Service Law, FTC & Ethics Flashcards
The main source for funeral service regulation
state legislature
A man dies in a hotel while on vacation with his wife and minor children. The local funeral home was called by the local police department for removal. The wife refuses to make funeral arrangements. Who had the Duty of Burial?
hotel owner
Removal of a dead human body or remains from its place of repose after final disposition has been completed.
exhumation
This officer of an ocean going vessel can authorize mandatory burials at sea.
captain
The Right of Disposition that gives person with Paramount Right of Disposition the power to bar others from attending the services.
Right to Control the Funeral
Type of warranty that indicates merchantability of merchandise for sale
implied
Legal doctrine that is the basis for case law
stare decisis
Conclusive performance of services with respect to the dead human body.
final disposition
A man dies, leaving behind his ex-wife, an adult son from a previous marriage, a brother and both parents. Under the General Rule of Priority, who has the Paramount Right of Disposition?
son
Legislative act governing the donation of part or all of a decedent’s body for the purpose of medical research
anatomical gift act
Legal theory of the status of a dead body that states that a body is not property, but does come with rights and responsibilities attached to it.
Quasi-property Theory
Legally, final disposition must always be made in a manner that is acceptable to
the public
The landmark case of Pettigrew v Pettigrew legally defined the
General Rule of Priority
A family arranges for the cremation of their mother. They choose a fiberboard, cloth covered receptacle to house the body that does not have a fixed interior. This receptacle would be considered a/an
alternative cremation container
Ability of state legislatures that allows them to create laws for the protection of the public
police power
A family calls the funeral home to make a removal from their home. What type of contract are the family and funeral home entering into?
implied
The most commonly used legal definition of death states that death occurs when this organ ceases to function
brain
Chamber specifically designed for the cremation of a dead human body
retort
Written laws enacted by cities and townships.
ordinances
Jon is going on a safari in Africa. He sets up a power of attorney that gives his daughter the power to handle all of his affairs, but only in the event that he does not return from the trip within a month. What type of power of attorney did Jon set up?
Springing General
A family has their relative cremated. They do not make any further arrangements for the disposition of the cremated remains. The funeral director should:
lay the cremated remains to rest after state time limit expires
A family calls the funeral home to remove the body of their mother from the hospital to take to the funeral home for burial. What type of custody will the funeral home have upon retrieving the body from the hospital?
actual
Which one of the following is NOT a source of law for funeral service?
- Canon law
- Case law
- Common law
- Statutes
canon law
The first civilization to enact funeral laws.
Greeks
The power of the government to take private land for public use
eminent domain
Legal tenant that states that all people are entitled to a dignified final disposition
Right of Decent Burial
Clause in a funeral contract that holds all people signing the contract equally liable for fulfillment of that contract
joint and several liability
A dead human body that is intended solely for scientific study and dissection
cadaver
The reduction of a dead human body to inorganic bone fragments via intense heat
cremation
Listing of individual goods and services provided with corresponding prices for each is called
itemization
The legal definition of a dead body
the body of a human being deprived of life but not yet entirely disintegrated
Power of attorney ends at the time of the principles
death
Two brothers are making arrangements for the disposition of their father. One brother wants to bury their father, the other wants their father to be cremated. To which type of court would the brothers go to resolve this situation?
court of equity
A person who owns or controls the property where a death has occurred
householder
Inorganic bone fragments left over after the cremation process
cremains
The supreme law of the United States
U. S. Constitution
Branch of law that deals with legislatures creating laws to enact their powers and duties
administrative law
Structure or room that contains several niches
columbarium
Two sisters come in to make arrangements for their mother. One sister wants to cremate their mother, though she cannot afford to pay for the cremation. The other sister wishes to bury their mother, and she is willing to pay for the entire service. Which one of the following best describes what the funeral director should do?
- bury the body, because that’s what the sister who’s paying wants
- cremate the body, because its easier
- hold the body until the sisters come to an agreement
- tell the sisters to take their mother to another funeral home
hold the body until the sisters come to an agreement
On a funeral contract, the funeral director must include mandatory FTC disclosures if the contract is”
also a Statement of Goods and Services
The Magnuson-Moss Warranty act states that funeral directors must disclose certain information about any warranties, unless the funeral home
disclaims all warranties
Generally speaking, it is important that funeral contracts be entered into with person that is/has
Paramount Right of Disposition
The person signing cremation authorization, giving permission for the cremation to take place
authorizing agent
Receptacle used to transport and house the body for the cremation process
cremation container
Permit that allows a proposed building to be built in a zone that would not normally permit that type of structure to operate
variance
Municipal ordinances dictating types of building usage within particular geographic areas of the municipality
zoning regulations
Pre-need trusts that allow for the trust to pay the income tax on the interest
qualified trust
Jim dies and has no family. His estate would have primary liability to pay for his funeral based on the concept of which type of contract?
quasi
According to the FTC, to be considered a Door to Door sale, the total sales amount must be over
$25
A corporation owned by stockholders from the general public who are not part of a certain profession
private corporation
Billy receives a painting and some jewelry from his mother’s estate. Billy would be which type of heir?
legatee
In most jurisdictions, which one of the following would have paramount liability for paying funeral expenses
decedents estate
Written documentation that changes a will, without voiding said will
codicil
Act the completely disregards proper conduct and transcends the bounds of common decency.
outrageous act
The process of administering the decedents estate
probate
Jules sets up a pre-need for her mother with the local funeral home. The money paid is placed into a trust company. In this scenario, who is the trustor?
Jules
Your funeral home hires a trade service to provide and drive a hearse for one of your funerals. This trade service drive would be considered what type of driver?
livery
State or condition of having died without a valid will
intestate
Failure to exercise ordinary care
negligence
John sets up a pre-need contract that can be cancelled at any time, but may require future payments for services contracted for. What type of pre-need did John set up?
revocable non-guaranteed
An oral will is termed
nuncupative
Bill dies without a will and is survived by his wife and daughter. Bill left an estate of $80,000. Under the Uniform Probate Code, how much of the estate would go to the daughter?
$15,000
After the administration of an estate, there is $5000 left to distribute to the heirs. This estate would be described as being
solvent
At a graveside service, you line the pallbearers to moved the casket. Without instruction, the pallbearers move that casket to the grave. When putting the casket down, one of the pallbearers falls into the grave, injuring themselves. Can the funeral home be held liable for the injury?
Yes, no instruction was given to pallbearers
Unintentional violation of a persons rights
tort
George is going on Medicaid. He has a revocable guaranteed trust that contains $3000 for a casket, $5000 for services and $2000 for a mausoleum crypt. How much of this pre-need trust would be considered an asset by Medicaid?
$3000
Which of these would be considered a nuisance per se in a residential neighborhood?
- cemetery
- doctors office
- garbage dump
- movie theater
garbage dump
Under his uncles will, Bob was to receive his uncles car. Bob’s uncle had never completely paid off the car, so Bob could not receive it under the will. This is an example of
ademption
Tort caused by when a defendant’s actions were purposefully meant to cause a plaintiff severe emotional distress
intentional infliction of emotional distress
A funeral home would have how many days to return any payments if a valid cancellation of a door-to-door sale was received?
10 business days
You bury the wrong body in a family grave. The family, being very upset, threatens to sue the funeral home. Does the family have ground for a lawsuit?
yes, you committed the tort of loss of body
A man calls the funeral home to get information about pre-needs. He sets up an appointment on Monday, at his his, to set up a pre-need. After setting up the pre-need contract, the man would have until midnight of which day to cancel the contract, according to the FTC Cooling Off Rule?
Thursday
Awarded damages meant to punish a defendant
punitive damages
Under common law, who has paramount liability to pay for children’s funeral expenses?
fathers
Bill sets up an instrument that, upon his death, will transfer all of his assets to a banking service that manages the estate for his son. Bill has just set up a/an
testamentary trust
A cemetery owned and used by the Catholic Church for the burial of its parishioners would be considered a
private cemetery
When a person purchases a cemetery plot, they are purchasing
the right to use the plot
Jewelry, cash and cars would all be considered to be what type of estate property?
tangible personal property
Mental suffering resulting from grief, severe disappointment, indignation, wounded pride, etc.
mental anguish
Landowner’s use of property which interferes with another’s use of their own property
nuisance
A woman appointed by a will to represent and administer the estate
executrix
Funeral homes may be held liable for their aftercare programs if those programs are held out to be
therapy
Type of zone that is used for both housing and businesses
mixed-use zone
John dies without a will. After administration of his estate, each of his 4 surviving children receive $1000, while the 2 children of his dead son Bob receive $500 each. The distribution to John’s children is an example of what type of intestate succession?
per capita
Which of the following types of pre-need vehicles is NOT considered an asset by Medicaid/SSI:
- guaranteed
- irrevocable
- non-guaranteed
- revocable
irrevocable
Bill had set up a guaranteed pre-need insurance account for a complete traditional funeral service and casket at a funeral home in California many years ago. He now wishes to transfer the pre-need to your funeral home. Which of the following statements best describes the action your funeral home can take?
- do not have to accept pre-need, insurance policies are not transferable
- do not have to accept pre-need, up to receiving funeral home to guarantee the price or not
- must accept pre-need, all pre-need accounts are guaranteed, regardless of funeral home
- must accept pre-need, insurance policies are always transferable
do not have to accept pre-need, up to the receiving funeral home to guarantee the price or not.
At a funeral, your limousine breaks down. You ask the pastor if he would drive the family to the cemetery in his own car, making sure to describe the route to the cemetery and instructing him to follow the coach. Along the way, the pastor runs into an abutment, injuring his passengers. Could the funeral home be held liable for the pastors accident?
yes, the pastor was an agent driver
This federal act was enacted to enforce workplace safety and training
occupational safety and health act
The Equal Pay Act clause of the Fair Labor Standards Act states that employers cannot discriminate in pay on the basis of
gender
The Americans with Disabilities Act describes businesses providing goods and services to the public as
public accommodations
According to the OSHA Bloodborne Pathogen Standard, containers used to store and transport infectious waste must be labeled this color
red
A funeral director is paid hourly, has wide discretion in their job, and has a Bachelors Degree. Would this funeral director be exempt from the FLSA overtime standards?
no, they are paid by the hour
So as to avoid undue hardships on employers, the ADA states that accommodations that would allow disabled employees to perform their job should be
de minimus
The study of the symptoms and mode of transmission of pathogens
epidemiology
Civil Rights investigations are conducted by the
EEOC
According to the FLSA, a work week must
consist of 168 hours
The ADA describes employees who have the required qualifications for the job and are able to perform the essential tasks of the job with minimal accommodations as
qualified individuals
The OSHA Hazard Communications Standard states that employers are required to keep documentation on which on of the following?
- exposures to OPIM
- Formaldehyde levels
- orders of new chemicals
- spills of hazardous chemicals
spills of hazardous chemicals
People living in a funeral home, providing security in return for lodging are considered
caretakers
Which one of the following is NOT a protected class covered by the Title VII of the Civil Rights Act?
- skin color
- social status
- national origin
- religion
social status
Form that indicates pertinent information about a chemical
Material Safety Data Sheet
Who conducts the initial ADA Readily Achievable Test for barrier removal?
Business owner
The manager of one of your branch funeral chapels would be considered which type of White Collar Employee?
executive employee
OSHA describes pathogenic microorganisms that are present in human blood as
bloodborne pathogens
Type of agreement allowing employers to 1/2 regular rate of pay for overtime
variable work week
