Business Law, Funeral Service Law, FTC & Ethics Flashcards
(264 cards)
1
Q
The main source for funeral service regulation
A
state legislature
2
Q
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?
A
hotel owner
3
Q
Removal of a dead human body or remains from its place of repose after final disposition has been completed.
A
exhumation
4
Q
This officer of an ocean going vessel can authorize mandatory burials at sea.
A
captain
5
Q
The Right of Disposition that gives person with Paramount Right of Disposition the power to bar others from attending the services.
A
Right to Control the Funeral
6
Q
Type of warranty that indicates merchantability of merchandise for sale
A
implied
7
Q
Legal doctrine that is the basis for case law
A
stare decisis
8
Q
Conclusive performance of services with respect to the dead human body.
A
final disposition
9
Q
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?
A
son
10
Q
Legislative act governing the donation of part or all of a decedent’s body for the purpose of medical research
A
anatomical gift act
11
Q
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.
A
Quasi-property Theory
12
Q
Legally, final disposition must always be made in a manner that is acceptable to
A
the public
13
Q
The landmark case of Pettigrew v Pettigrew legally defined the
A
General Rule of Priority
14
Q
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
A
alternative cremation container
15
Q
Ability of state legislatures that allows them to create laws for the protection of the public
A
police power
16
Q
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?
A
implied
17
Q
The most commonly used legal definition of death states that death occurs when this organ ceases to function
A
brain
18
Q
Chamber specifically designed for the cremation of a dead human body
A
retort
19
Q
Written laws enacted by cities and townships.
A
ordinances
20
Q
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?
A
Springing General
21
Q
A family has their relative cremated. They do not make any further arrangements for the disposition of the cremated remains. The funeral director should:
A
lay the cremated remains to rest after state time limit expires
22
Q
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?
A
actual
23
Q
Which one of the following is NOT a source of law for funeral service?
- Canon law
- Case law
- Common law
- Statutes
A
canon law
24
Q
The first civilization to enact funeral laws.
A
Greeks
25
The power of the government to take private land for public use
eminent domain
26
Legal tenant that states that all people are entitled to a dignified final disposition
Right of Decent Burial
27
Clause in a funeral contract that holds all people signing the contract equally liable for fulfillment of that contract
joint and several liability
28
A dead human body that is intended solely for scientific study and dissection
cadaver
29
The reduction of a dead human body to inorganic bone fragments via intense heat
cremation
30
Listing of individual goods and services provided with corresponding prices for each is called
itemization
31
The legal definition of a dead body
the body of a human being deprived of life but not yet entirely disintegrated
32
Power of attorney ends at the time of the principles
death
33
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
34
A person who owns or controls the property where a death has occurred
householder
35
Inorganic bone fragments left over after the cremation process
cremains
36
The supreme law of the United States
U. S. Constitution
37
Branch of law that deals with legislatures creating laws to enact their powers and duties
administrative law
38
Structure or room that contains several niches
columbarium
39
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
40
On a funeral contract, the funeral director must include mandatory FTC disclosures if the contract is"
also a Statement of Goods and Services
41
The Magnuson-Moss Warranty act states that funeral directors must disclose certain information about any warranties, unless the funeral home
disclaims all warranties
42
Generally speaking, it is important that funeral contracts be entered into with person that is/has
Paramount Right of Disposition
43
The person signing cremation authorization, giving permission for the cremation to take place
authorizing agent
44
Receptacle used to transport and house the body for the cremation process
cremation container
45
Permit that allows a proposed building to be built in a zone that would not normally permit that type of structure to operate
variance
46
Municipal ordinances dictating types of building usage within particular geographic areas of the municipality
zoning regulations
47
Pre-need trusts that allow for the trust to pay the income tax on the interest
qualified trust
48
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
49
According to the FTC, to be considered a Door to Door sale, the total sales amount must be over
$25
50
A corporation owned by stockholders from the general public who are not part of a certain profession
private corporation
51
Billy receives a painting and some jewelry from his mother's estate. Billy would be which type of heir?
legatee
52
In most jurisdictions, which one of the following would have paramount liability for paying funeral expenses
decedents estate
53
Written documentation that changes a will, without voiding said will
codicil
54
Act the completely disregards proper conduct and transcends the bounds of common decency.
outrageous act
55
The process of administering the decedents estate
probate
56
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
57
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
58
State or condition of having died without a valid will
intestate
59
Failure to exercise ordinary care
negligence
60
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
61
An oral will is termed
nuncupative
62
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
63
After the administration of an estate, there is $5000 left to distribute to the heirs. This estate would be described as being
solvent
64
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
65
Unintentional violation of a persons rights
tort
66
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
67
Which of these would be considered a nuisance per se in a residential neighborhood?
- cemetery
- doctors office
- garbage dump
- movie theater
garbage dump
68
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
69
Tort caused by when a defendant's actions were purposefully meant to cause a plaintiff severe emotional distress
intentional infliction of emotional distress
70
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
71
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
72
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
73
Awarded damages meant to punish a defendant
punitive damages
74
Under common law, who has paramount liability to pay for children's funeral expenses?
fathers
75
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
76
A cemetery owned and used by the Catholic Church for the burial of its parishioners would be considered a
private cemetery
77
When a person purchases a cemetery plot, they are purchasing
the right to use the plot
78
Jewelry, cash and cars would all be considered to be what type of estate property?
tangible personal property
79
Mental suffering resulting from grief, severe disappointment, indignation, wounded pride, etc.
mental anguish
80
Landowner's use of property which interferes with another's use of their own property
nuisance
81
A woman appointed by a will to represent and administer the estate
executrix
82
Funeral homes may be held liable for their aftercare programs if those programs are held out to be
therapy
83
Type of zone that is used for both housing and businesses
mixed-use zone
84
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
85
Which of the following types of pre-need vehicles is NOT considered an asset by Medicaid/SSI:
- guaranteed
- irrevocable
- non-guaranteed
- revocable
irrevocable
86
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.
87
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
88
This federal act was enacted to enforce workplace safety and training
occupational safety and health act
89
The Equal Pay Act clause of the Fair Labor Standards Act states that employers cannot discriminate in pay on the basis of
gender
90
The Americans with Disabilities Act describes businesses providing goods and services to the public as
public accommodations
91
According to the OSHA Bloodborne Pathogen Standard, containers used to store and transport infectious waste must be labeled this color
red
92
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
93
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
94
The study of the symptoms and mode of transmission of pathogens
epidemiology
95
Civil Rights investigations are conducted by the
EEOC
96
According to the FLSA, a work week must
consist of 168 hours
97
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
98
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
99
People living in a funeral home, providing security in return for lodging are considered
caretakers
100
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
101
Form that indicates pertinent information about a chemical
Material Safety Data Sheet
102
Who conducts the initial ADA Readily Achievable Test for barrier removal?
Business owner
103
The manager of one of your branch funeral chapels would be considered which type of White Collar Employee?
executive employee
104
OSHA describes pathogenic microorganisms that are present in human blood as
bloodborne pathogens
105
Type of agreement allowing employers to 1/2 regular rate of pay for overtime
variable work week
106
Civil Rights violation investigations will determine whether there is cause or no cause for action within what time frame?
180 days
107
OSHA requires funeral homes to post which one of the following in areas where employee notices are normally posted:
- form 101
- form 200
- poster 1974
- poster 2203
poster 2203
108
Your funeral home has employed a funeral director for 20 years. They are becoming unable to hear very well. Is the funeral home required to provide the embalmer with cochlear implants, so they can continue to serve families?
No, cochlear implants would primarily benefit the embalmer in everyday life
109
The FLSA is enforced by the
department of labor
110
The OSHA standard concerned with providing information on and averting parenteral injuries
Needlestick Safety and Prevention Act
111
The Public Accommodations aspect of the ADA has less strict standards for buildings built
prior to 1993
112
The Age Discrimination In Employment Act only prohibits discrimination against individuals over the age of
40
113
The concept that embalmers should treat all bodies as if they died of infectious diseases
Universal Precautions
114
An on call apprentice is free to pursue personal activities while on call, as the phones are forwarded to their cell phone. According to the Fair Labor Standards Act, is the funeral home required to pay the apprentice for the entire time they're on call?
No, they are waiting to be engaged
115
The Public Accommodations aspect of the ADA states that barrier removal need not put undue strain on the finances and practices of the business. The ADA describes this as:
readily achievable
116
OSHA's Bloodborne Pathogen Standard requires employers to describe all jobs and tasks that may cause employees to come into contact with blood or contaminated objects. This procedure is called
exposure determination
117
Employers are required to keep records of any Civil Rights actions for how long?
6 months
118
Which one of the following classes of employees would be exempt from the Minimum Wage provisions of the FLSA?
- part time employees
- seasonal workers
- student workers
- white collar
student workers
119
According to the OSHA Formaldehyde Rule, which one of the following conditions would necessitate retesting of formaldehyde levels?
- different embalming chemicals are used
- new secretary hired
- removal cots have been upgraded
- STEL levels at 0.75 ppm
different embalming chemicals are used
120
At a removal, it is brought to your attention that the decedent has AIDS. Can you charge extra for the embalming of the decedent's body?
No, ADA protects disabled people's families
121
Your funeral home regularly utilizes the services of a trade embalmer. The trade embalmer embalms the bodies in their own facility, uses their own equipment, and performs embalming for other local funeral homes. Is your funeral home required to pay the trade embalmer an hourly wage?
No, they would be considered an independent contractor
122
According to the Formaldehyde Rule, employers are required to keep doctors opinions of Medical Disease Questionnaires for
30 years
123
Which one of the following acts would the Public Accommodations aspect of the Americans with Disabilities Act mandate be performed first?
- install curb ramps
- remove high pile carpet
- widen bathroom stalls
- widen doors to the casket room
install curb ramps
124
White Collar employees must be paid a minimum of how much per week?
$455
125
An embalmer wears a formaldehyde detection badge for 15 minutes during an embalming. The results of the test indicate formaldehyde levels at 0.76 ppm. Which of the following statements would be true concerning these test results?
- the test passed as the Action Level was reached
- the test failed as the Action Level was not reached
- the test failed as the Permissible Exposure Limit was reached
- The test passed as the Permissible Exposure Limit was not reached
The test passed as the Permissible Exposure Limit was not reached
126
The FTC Funeral Rule was enacted in what year?
1984
127
OSHA dictates that embalmers should treat all bodies as if they had deadly infectious diseases. This theory of body treatment is called
Universal Precautions
128
Which one of the following statements about the Fair Labor Standards Act variable workweek agreement would be true?
- employees do not have to agree to it for it to be enacted
- employee receives a base weekly salary, regardless of hours worked
- overtime pay is 1 1/2 regular hourly rate
- working hours must be between 8 am & 8 pm
employee receives a base weekly salary, regardless of hours worked
129
According to the FTC Funeral Rule, which one of the following must be given for client retention?
- casket price list
- general price list
- outer burial container price list
- urn price list
general price list
130
Documents that contain chemical makeup, flammability and manufacturer information on hazardous substances
safety data sheet
131
Listing of all goods and services and their prices individually on a statement of goods and services is called
itemization
132
OSHA requires funeral homes to display this poster, which details workplace safety, in employee areas
2203
133
According to the FTC, Alternative Cremation Containers must:
- be constructed of metal
- be able to be buried
- have exterior decoration
- have no fixed interiors
have no fixed interiors
134
A funeral home requires the purchase of one of their caskets before they will provide services. This type of requirement is called a
tying arrangement
135
Which one of the following is NOT one of the FTCs 16 Mandatory Goods and Services:
- limo
- services and facilities for funeral ceremony
- transfer of remains to funeral home
- urn price range
urn price range
136
According to the FTC Funeral Rule, the casket price list must be given to consumers
prior to the funeral director showing caskets to the consumer
137
A mausoleum notices that a crypt is leaking. To avoid confrontation and causing family trauma, the mausoleum removes the body from the crypt and cleans up the leakage. Is the mausoleum acting in a legal manner?
No, unauthorized disinterment is illegal under both statute and common law
138
Which one of the following is NOT one of the FTCs 6 Mandatory General Price List Disclosures?
- alternative containers
- embalming
- right of selection
- limo availability
limo availability
139
According to the FTC Funeral Rule, funeral homes that DO NOT offer direct cremations:
- do not have to distribute a general price list
- do not have to list an alternative cremation container on the casket price list
- have to distribute an Urn Price List
- have to list a cremation casket on the GPL
do not have to list an alternative cremation container on the casket price list
140
The presentation of the Statement of Funeral Goods and Services to the family is to be made
at conclusion of the funeral arrangements
141
The FTC Funeral Rule states that, concerning telephone price inquiries, funeral homes:
- can require people to come to the funeral home for information
- can require people to identify themselves
- must give accurate pricing information
- must mail out a GPL, when one is requested
must give accurate pricing information
142
The FTC has a Triggering Event that indicates when a general price list should be distributed. This triggering event is any inquiry into prices or merchandise that is
face-to-face
143
The FTC Funeral Rule states that, concerning cash advance items, funeral homes:
- can list the cash advance items as one charge
- cannot markup cash advance items
- do not have to tell people how much they marked up cash advance items
- do not have to tell people they marked up a cash advance item
do not have to tell people how much they marked up cash advance items
144
Which one of the following would be an exception to the FTC Funeral Rules prohibition against tying arrangements:
- automotive fees
- cash advances
- non-declinable basic services fee
- restoration fees
non-declinable basic service fee
145
Gene does not see any funeral merchandise at his funeral home. Instead, he sends all of the families he serves to buy funeral merchandise from his neighbors casket/urn store. Would Gene be required to follow the FTC Funeral Rule?
No, Gene only sells funeral services
146
Which of the following are statutory duties of the funeral director:
- following health laws and regulations
- negligent funeral directing
- security permits
- negligent embalming
following health laws and regulations & securing permits
147
If the 8-hour TWA is _____, the employer has exceeded the Action Level and is required to take certain remedial steps.
.5ppm
148
Funeral Directors are required by the Funeral Rule to retain all price lists for _____ after the price list was last distributed.
1 year
149
The Health Insurance Portability and Accountability Act has which impact on funeral homes?
- No specific HIPPA regulations apply to funeral homes
- funeral homes are considered Business Associates
- Funeral homes are considered Covered Entities
- Funeral homes have no access to confidential health information
no specific HIPPA regulations apply to funeral homes
150
Which of the following is not one of the 16 goods and services that must be separately itemized on the GPL?
- transfer of remains to the funeral home
- a limo
- the flower car
- the facilities and services for viewing
the flower car
151
When the funeral director is only agreeing that amounts paid on the contract, plus accruals, will be applied toward the price of the funeral, the contract is said to be _____.
non-guaranteed
152
Which one of the following is not part of a variable workweek agreement?
- it is easy to administer and determine the employee's regular hourly rate
- it must be in writing and signed by the employee
- it guarantees the employee a base weekly salary regardless of hours he/she worked
it is easy to administer and determine the employee's regular hourly rate
153
The Civil Rights Act, including the Pregnancy Discrimination Act, applies to all employers having ___ or more employees.
15
154
Under the General Rule of Priority, who is primarily responsible for the expenses of disposing of the body?
deceased person's estate
155
Leo hears Mona falsely accuse Nick of stealing from their employer. The statement is defamatory
- because a third party heard it
- only if Nick suffers emotional distress
- only if the statement is also published in the media
- only if the statement was made in an annoying manner
because a third party heard it
156
Kelly is a casket salesperson. Kelly commits fraud if, to make a sale, she:
- discloses the truth
- represents as a fact something that she knows is untrue
- states an opinion concerning something that she knows nothing about
- uses puffery
represents as a fact something that she knows is untrue
157
Friendly Funeral Home must use reasonable care on its premises to warn patrons of:
- all risks
- hidden risks
- obvious risks
- no risks
hidden risks
158
To find criminal liability, most crimes require
a specified state of mind and the performance of a prohibited act
159
Mary, who is charged with a crime, claims that Nick, a government agent, entrapped her. For entrapment to be a valid defense:
- Mary must not have been predisposed to commit the crime
- Nick must have pressured Mary into committing the crime
- Nick must have suggested that the crime be committed
- all of the above
all of the above
160
Monster Mortuary, Inc. makes an offer to the owners of Local Funeral Homes to buy an entire company. The power to revoke the offer rests with
- Monster and Local together only
- Monter or Local
- Monster, the offeror, only
- Local, the offeree, only
Local, the offeree, only
161
Bill offers to sell his mortuary to Dina for $100,000. Dina replies, "The price is too high. I will offer to buy it for $90,000." Dina has:
- accepted the offer
- made a counteroffer without rejecting the offer
- rejected the offer and made a counteroffer
- rejected the offer without making a counteroffer
rejected the offer and made a counteroffer
162
Kay contracts to sell her casket business to Larry. Larry builds an addition to his funeral home in which to display the caskets. Kay's later attempt to cancel the contract is:
- effective because Kay did not ask Larry to build anything
- effective because Lay wants to sell the business to someone else
- not effective because Larry has detrimentally relied on Kay's offer
- not effective because Larry may not be able to obtain a similar business for a similar price elsewhere
not effective because Larry has detrimentally relied on Kay's offer
163
Joy and Karl contract for the sale of Joy's prize-winning show dog for $1000. Unknown to either party, the dog has died. Karl is:
- entitled to another dog of equivalent value
- not required to pay due to the mutual mistake
- not required to pay du to the unilateral mistake
- required to pay because he assumed the risk the dog might die
not required to pay due to the mutual mistake
164
Mike and National Casket Supply (NCS) enter into an oral contract under which Mike agrees to design caskets for NCS for two years. This contract is
not enforceable
165
A contract which contains a clause stating that any assignment is "void" effectively prohibits:
- any assignment
- no assignment
- only an assignment that does not include payment of consideration
- only an assignment that would increase the risk of nonperformance
any assignment
166
Compensatory damages are normally assessed to:
- compensate a nonbreaching party for the loss of a bargain
- establish, in the absence of a loss, that a party acted wrongfully
- pay for harm caused by special circumstances beyond a contract
- penalize a breaching party
compensate a nonbreaching party for the loss of a bargain
167
Peak Professionals order goods from Quick Stock Company. Peak plans to market the goods to consumers generally. Quick identifies their goods. Before they are shipped to Peak, an insurance interest in the goods exists in:
- Peak and Quick, but not consumers generally
- Peak, Quick and consumers generally
- Peak only
- Quick only
Peak and Quick, but not consumers generally
168
Dana, an agent for Evan, signs an agreement on Evan's behalf but neglects to tell Evan that the agreement requires payment of certain taxes. The government prosecutes Evan for failing to pay the taxes. Evan is:
- liable, because Dana's knowledge is assumed to be known by Evan
- liable, because paying taxes is mandated by the Constitution
- not liable, because he was not given adequate notice
- not liable, because he was not informed of the tax liability by Dana
liable, because Dana's knowledge is assumed to be known by Evan
169
Eve is the agent of Franco, an actor. Eve makes a deal for Franco to act in a new movie for Great Productions, Inc. The contract is binding on Franco if it is signed on his behalf by:
- Eve
- Great Productions
- The Screen Actors Guild
- none of the above
Eve.
170
United Funeral Services employs Vic as a driver. While driving a United hearse within the scope of employment, Vic negligently causes an accident in which Wendy is injured. Wendy can recover from:
- United only
- United or Vic
- Vic only
- Wendy's insurance company only
United or Vic
171
The right to drive across another's property is
an easement
172
Clean Cremation Corporation operates a crematorium that accepts remains by Best Carrier Company from Central Mortuary, Inc. A release of the waste is discovered at the site, and the EPA cleans it up. The EPA can recover the cost of the cleanup from:
- Clean only
- Clean or Central Mortuary only
- Clean, Central Mortuary, or Best Carrier
- not Clean, Central Mortuary or Best Carrier
Clean, Central Mortuary or Best Carrier
173
Best Practice Crematorium agrees to hire Melanie for one year at a salary of $500 per week. When Best Practice cancels the contract, Melanie spends $100 to obtain a similar job that pays $450 per week for a year. Melanie is entitled to recover:
- the amount of wages promised by Best Practices
- the difference between the wages of the two jobs
- $100
- no money
- a and c
- b and c
b and c
174
A person who is owed money is
a creditor
175
A law enacted by a city or town is
an ordinance
176
The burden of proof in a criminal case is
beyond reasonable doubt
177
Damages assessed to punish a wrongdoer are
punitive damages
178
The rules of business transactions are contained in the
Uniform Commercial Code
179
A person who is appointed to act for a principal is the principal's
agent
180
A document starting a civil suit is called a
complaint
181
A criminal offense punishable by more than one year in prison is a
felony
182
The rule requiring certain contracts to be in writing is known as the Statute of
Frauds
183
The overall management of a corporation is the responsibility of its
officers
184
The party who is sued in a civil suit is known as the
defendant
185
A business that is owned by one person is classified as a
sole proprietorship
186
The person appointed by a court to oversee an estate is
a personal representative
187
A private lawsuit for damages caused by intentional or negligent acts is
a tort
188
Consideration in a contract could be:
1 personal property
2 money
3 a promise of service
4 misrepresentation
personal property, money, a promise of service
189
Operators of funeral homes are subject to regulation by:
a. federal government
b. state government
c. local government
both a and b
both a and c
both b and c
all of the above
all of the above
190
```
Documents acceptable for determining who has the right to control disposition under Minnesota law inclue
a Health Care Directive
b Power of Attorney
c Last will and testament
both a and b
both a and c
both b and c
all of the above
```
a and c
health care directive
last will and testatment
191
In the absence of a document conferring right to disposition, the right to control disposition extends first to
the decedent's surviving spouse
192
```
Funeral directors are required to provide clients with a price list of goods and services under
federal law
Minnesota law
both
neither
```
both, federal law and Minnesota Law
193
The maximum payment a funeral director may receive for referring a client to a specific cemetery is
may not receive any payment
194
A client has not claimed a deceased's cremains for more than 30 days. In Minnesota, if the funeral home sends notice by certified mail to the person with the power to control disposition, how long must the funeral home wait before it is allowed to lawfully dispose of the cremains?
120 days
195
```
Crematoriums are licensed under:
a. federal law
b. state law
c. local law
both a and b
both a and c
both b and c
all of the above
```
all of the above
196
```
Under the Fair Labor Standards Act, which of the following may be denied overtime when working more than 40 hours per week?
a. professionals
b. clerical staff
c. administrators
both a and b
both a and c
both b and c
none of the above
```
a and c
| professionals and administrators
197
```
The Americans with Disabilities Act applies to employers with:
2 or more employees
5 or more employees
10 or more employees
15 or more employees
25 or more employees
```
15 or more employees
198
```
The Occupational Safety Health Act applies to:
a. funeral homes
b. crematoriums
both a and b
neither a and b
```
both a and b
| funeral homes and crematoriums
199
In determining whether a person is an employee or an independent contractor, factors considered by the IRS include:
a. the extent of the direction and control exercised over the person's work
b. who supplies the tools used by the person
c. how the person is paid for the work
both a and b
both a and c
both b and c
all of the above
all of the above
200
In Minnesota, a dead body must be cremated within how many hours of the crematorium accepting legal and physical custody of the body?
24
201
A person dying without a will is considered
intestate
202
If an unmarried woman dies without a will, her property goes to
her children
203
A womon who has a will is called
a testatrix
204
Typically, the liability exposure for cremation as opposed to burial is compared as follows:
- exposure for burial is higher
- exposure for cremation is higher
- exposure for burial and cremation are the same
- there is no exposure in either case
exposure for cremation is higher
205
Insurance covering employees for on-the-job injuries is called
worker's compensation insurance
206
A document which grants another the power to make medical decisions is a
health care directive
207
```
Of the following, who has the primary right to control final disposition of a body?
adult son
cousin
creditor
state
```
adult son
208
In legal terminology, a dead human body is considered
quasi-property
209
The funeral director who has physical possession of a dead human body is said to have
actual custody
210
Although a dead human body is in one mortuary, the mortuary which has control of the final disposition is said to have
constructive custody
211
The FTC Funeral Rule requires that the GPL contain all of the following EXCEPT the
- casket price range
- reason for embalming
- charge for the hearse
- charge for forwarding remains
reason for embalming
212
A legal document which modifies an existing will is called a
codicil
213
Legal cases involving the property of a deceased person are conducted in
probate court
214
Which of the following must comply with the FTC Funeral Rule?
- All funeral providers
- Only licensed Funeral Directors
- Only licensed Funeral homes
- only if consumers buy both funeral goods and funeral services
all funeral providers
215
When does the FTC Funeral Rule NOT apply to pre-need arrangements?
- it never applies to pre-need contracts
- it always applies to pre-need contracts
- only when changes are made to existing pre-need contracts
- when pre-need contracts were entered into before the Rule went into effect in 1984
when pre-need contracts were entered into before the Rule went into effect in 1984
216
You must give the GPL to
anyone who asks, in person, about funeral goods, funeral services, or the prices of such goods or services
217
The triggering event for giving out the GPL is
a face-to-face meeting anywhere
218
A verbal offer of a GPL is not enough
you must physically offer consumers a GPL that they can keep and take home with them
219
Which of the following is NOT identifying information required on the GPL?
- email address of the funeral provider's place of business
- name of funeral provider's place of business
- address of funeral provider's place of business
- phone number of funeral provider's place of business
email address of the funeral provider's place of business
220
Which of the following is required identifying information on the GPL?
- the caption "GPL"
- the effective date of the price list
- email address of the funeral provider's place of business
- website of the funeral provider's place of business
the effective date of the price list
221
Which of the following is NOT one of the 6 disclosure required on your GPL?
- memorial products price list
- embalming
- the basic services fee
- the casket price list
memorial products price list
222
Which of the following is NOT one of the 6 disclosures required on your General Price List?
- outer burial container price list
- alternative containers for direct cremation
- embalming
- transportation service fee
transportation service fee
223
Which of the following is NOT one of the 6 disclosures required on your General Price List?
- memorial service fee
- embalming fee
- basic services fee
- the consumer's right to select only the goods and services desired
memorial service fee
224
Which of the following is NOT one of the required itemized prices on the GPL?
- hearse
- limo
- flower vehicle
- direct cremation
flower vehicle
225
Which of the following is NOT one of the required itemized prices on the GPL?
- use of facilities and staff for a reception
- transfer of remains to funeral home
- use of facilities and staff for viewing
- use of facilities and staff for funeral ceremony
use of facilities and staff for a reception
226
Which of the following is NOT one of the required itemized prices on the GPL?
- direct cremation
- immediate burial
- forwarding of remains to another funeral home
- traditional service with cremation
traditional service with cremation
227
Which of the following is not one of the four itemized prices considered minimal services?
- basic services of funeral director and staff, and overhead
- forwarding of remains to another funeral home
- receiving remains from another funeral home
- direct cremation
basic services of funeral director and staff, and overhead
228
For forwarding of remains and receiving remains, the GPL should:
- list one price for each of these items and describe all services you will provide for the quoted price
- describe all services you will provide and itemize a price for each service
- you have the option to itemize each service or provide a single price for all services rendered
- the prices for these items do not need to include all charges related to each service provided, for example you do not need to include third party items in the quoted price
list one price for each of these items and describe all services you will provide for the quoted price
229
Which of the following must be described in the GPL under the direct cremation required itemized price?
- direct cremation with a memorial service price
- the services and container provided for each price
- direct cremation with the scattering of ashes price
- direct cremation with embalming and visitation price
the services and container provided for each price
230
With respect to the GPL, the price of the actual cremation of the deceased
may or may not be included in your price for direct cremation
231
Which of the following is the only item that can be made non-declinable to the consumer per the FTC Funeral Rule?
basic services of funeral director and staff
232
The embalming item price on the GPL
should include all service fees and any equipment or facility charges for providing this service
233
Which of the following would NOT be considered a service to be included under the itemized item: other preparation of the body?
- cosmetic work
- washing body
- disinfecting body
- embalming
embalming
234
Which of the following is NOT true regarding the use of facilities and staff for viewing itemized item?
- you must charge a flat fee for this item
- your price for viewing should include charges for both services of staff and the facilities used
- you should not list two separate charges relating to a viewing
- if you provide staff services for viewing held at another facility, you should list a separate fee for such services
you must charge a flat fee for this item
235
Which of the following is NOT true regarding the use of facilities and staff for a funeral ceremony?
- you must list two separate charges relating to a funeral ceremony, such as one for the facilities and another for the staff
- the charge for a funeral ceremony, is referring to a commemorative service with the body present
- the charge for a funeral ceremony at the funeral home should include both the use of facilities and the necessary staff services
- if you provide staff services for a funeral ceremony at another facility, such as a church, you should list a separate fee for such services
you must list two separate charges relating to a funeral ceremony, such as one for the facilities and another for the staff
236
Which of the following is NOT true regarding the use of facilities and staff for a memorial service?
- the charge should include both the use of facilities and the staff services
- you should not list two separate charges relating to a memorial service, one for the use of facilities and another for the staff services
- if you provide staff services for a memorial service at another facility, such as a church, you should list a separate fee for such services
- this is a charge for a commemorative service with the body present
this is a charge for a commemorative service with the body present
237
Which of the following is NOT true regarding use of equipment and staff for graveside service?
- your charge for this service does not need to include both staff services and any equipment you may provide (such as tent and chairs)
- you should not list two separate charges relating to a graveside service, one for equipment and another for staff services
- if your charge for a funeral ceremony normally includes a committal service at the grave following the funeral, you can continue this practice, or you may offer a separate charge for a committal service following a funeral ceremony
- the separate charge for a graveside service is intended for those situations where there is no funeral ceremony at the funeral home or elsewhere
your charge for this service does not need to include both staff services and any equipment you may provide (such as tent and chairs)
238
Which of the following is TRUE regarding the required itemized section titled Hearse?
- you may NOT charge a flat fee with an additional mileage charge
- you must utilize a flat fee for this item
- you can use any pricing method for the use of the hearse, such as a flat fee, an hourly charge, or a mileage charge
- hearse is not required to be itemized
you can use any pricing method for the use of the hearse, such as a flat fee, an hourly charge, or a mileage charge
239
Which of the following is TRUE regarding the required itemized section titled, Limousine?
- you can use any pricing method for the use of the limo, such as a flat fee, an hourly charge, or a mileage charge
- you may NOT charge a flat fee with an additional mileage charge
- you must utilize a flat fee for this item
- limo is not required to be itemized
you can use any pricing method for the use of the limo, such as a flat fee, an hourly charge, or a mileage charge
240
Which of the following is NOT true regarding the required itemized section titled Casket prices?
- you can list a casket price range, with the disclosure about the availability of the casket price list
- you must always list the prices of individual caskets on your GPL
- you can list the prices of individual caskets on your GPL
- casket prices is a required itemized section
you must always list the prices of individual caskets on your GPL
241
Which of the following is NOT one of the special groups you are allowed to have an alternative price list?
- civic organizations
- children and infants
- government agencies
- religious groups and memorial societies
civic organizations
242
If you do not list the retail price of each casket on your GPL, you must prepare a separate printed or typewritten Casket Price List. The CPL must contain all of the following EXCEPT:
- the name of your business
- the caption "Casket Price List"
- the address of your business
- the effective date for the CPL
the address of your business
243
You must show the CPL
to anyone who asks in person about the caskets or alternative containers that you offer or inquiries about their prices
244
You must show the Outer Burial Container Price List
to all persons asking about outer burial containers or their prices
245
Which of the following is NOT true regarding giving the consumer a copy of the Statement of Funeral Goods and Services Selected?
- it is not required to give each consumer a completed Statement at the end of the arrangements discussion
- you must give each consumer a completed statement at the end of the arrangements discussion
- if arrangements are made over the telephone, you should give the consumer the statement at the earliest possible date
- giving a consumer a copy of the statement at the funeral or mailing it to the consumer at some later date does not meet the requirements of the rule
it is not required to give each consumer a completed Statement at the end of the arrangements discussion
246
You must list each cash advance item separately on the Statement of Funeral Goods and Services Selected, together with a price for each item. Which of the following does NOT describe a cash advance?
- accommodation
- cash disbursement
- cash advancement
- debit
debit
247
You must list each cash advance item separately on the Statement of Funeral Goods and Services Selected, together with a price for each item. Which of the following does NOT describe a cash advance?
- embalming
- clergy honoraria
- death certificates
- obituary notices
embalming
248
You must place 3 disclosures on your Statement of Funeral Goods and Services Selected. They should be set out, word-for-word, exactly as the Rule prescribes. Which of the following is NOT one of these disclosures?
- legal requirements
- embalming
- religious requirements
- cash advance items
religious requirements
249
The legal requirements disclosure on the Statement of Funeral Goods and Services Selected indicates you will explain, in writing, all of the following EXCEPT
- legal requirements
- service requirements
- cemetery requirements
- crematory requirements
service requirements
250
The embalming disclosure on the Statement of Funeral Goods and Services Selected says all of the following EXCEPT:
- you do not have to pay for embalming you did not approve
- if you charge for embalming, we will explain why below
- the form should leave enough space for you to explain the reason for embalming
- you must pay for embalming even if you did not approve of the procedure
you must pay for embalming even if you did not approve of the procedure
251
The Cash Advance Items disclosure on the Statement of Goods and Services Selected says if you charge for purchasing a cash advance item, or if you receive and retain a rebate, commission, or trade or volume discount for a cash advance item
this is your privilege as a funeral home operator
252
Which of the following is NOT one of the six areas that the Funeral Rule specifically prohibits misrepresentations?
- embalming
- transportation
- casket for direct cremation
- preservative and protective value claims
transportation
253
Which of the following is NOT one of the reasons you can charge a fee for embalming?
- federal law requires embalming
- state or local law requires embalming
- you have obtained prior approval for embalming from a family member or other authorized person
- you have no reason to believe that the family does not want embalming performed
federal law requires embalming
254
You must keep price lists for at least ___ year(s) from the date you last distributed them to customers.
1
255
A formal set of statements that establish a basic expectation of behavior within an organization.
Code of Ethics
256
Do unto other as you would have them do unto you.
The Golden Rule
257
Mutual interpersonal expectations, relationships, and interpersonal conformity.
Kohlberg's conventional state 3
258
Universal ethical principles.
Kohlberg's post-conventional stage 6
259
Regarding women, one of the recurring themes is a desire to avoid hurting others through individual actions, a deep seeded desire to avoid inflicting injury on others.
Carol Gilligan
260
Generally refer to man-made rules and regulations that govern society and are concerned with conduct.
laws
261
A branch of philosophy dealing with values relating to human conduct, with respect to the rightness and wrongness of certain actions, concerned with motives for conduct and the attitudes toward conduct.
ethics
262
No moral judgment can do more than reflect the customs of the society in which it is made.
relativism
263
If someone's culture is absent of a focus on the worship of a god or god's, it is considered to be
non-theistic
264
Which of the following is not considered an ethical consideration specific to funeral service?
- confidentiality
- responsibility to the deceased
- responsibility to the general public
- inequitable service to all
inequitable service to all
