Legal and Regulatory Compliance - Questions

Question 1

Applying common law, who has the primary right to control final disposition of the deceased?
A. adult son
B. cousin
C. creditor
D. state

Answer 1

adult son

Question 2

If there is no will, the property and holdings of a deceased person will be distributed according to law and an administrator/personal representative will be appointed by the:
A. closest of kin
B. funeral practitioner
C. court
D. executor

Answer 2

court

Question 3

In legal terminology, a dead human body is considered:
A. real property
B. quasi-property
C. chattel
D. partial property

Answer 3

quasi-property

Question 4

A good business technique in funeral arrangements is to:
A. make representations that embalming will preserve the remains indefinitely
B. charge a non-declinable fee for insurance assignment processing
C. specify the reason for embalming on the Statement of Funeral Goods and Services
D. discourage visual identification prior to disposition

Answer 4

specify the reason for embalming on the Statement of Funeral Goods and Services

Question 5

The next of kin who delivers the personal effects of the deceased to the funeral practitioner is properly termed a:
A. personal representative
B. bailor
C. legatee
D. testatrix

Answer 5

bailor

Question 6

State regulation of funeral services for the health and welfare of citizens is an example of a state's:
A. jurisdiction
B. eminent domain
C. police power
D. legislative right

Answer 6

police power

Question 7

A dead human body:
A. is subject to replevin
B. is not property in a real sense
C. may be insured
D. may be held as security

Answer 7

is not property in a real sense

Question 8

The funeral practitioner who has physical possession of a dead human body is said to have:
A. actual custody
B. constructive custody
C. promise of custody
D. contract custody

Answer 8

actual custody

Question 9

A practitioner serves a family and provides both services and merchandise. The state requires the funeral home to pay 4% sales tax on merchandise. Prices are as follows:
Services - $2,000
Casket - $2,250
Vault - $1,600
TOTAL - $5,850
How much sales tax does the funeral practitioner pay the state?
A. $67.50
B. $110.88
C. $154.00
D. $175.50

Answer 9

$154.00

Question 10

Any rate of interest above the maximum rate allowable by law is:
A. fiduciary
B. usury
C. undue influence
D. duress

Answer 10

usury

Question 11

Which would be an example of an impractical or burdensome consumer request, allowing the funeral home to require purchase of a particular item?
A. Requiring the clergy vehicle when the family does not want one, it being the practice of the funeral home to always provide transportation for the clergy person.
B. Requiring the consumer to pay a casket handling fee when the consumer wants to use their own casket.
C. Requiring the family to pay an additional fee for overhead, other than the overhead fee included in the basic services fee, when the family requests a four day viewing.
D. Requiring embalming when the consumer does not want it, when there will be a week-long delay between death and funeral and refrigeration is not available.

Answer 11

Requiring embalming when the consumer does not want it, when there will be a week-long delay between death and funeral and refrigeration is not available.

Question 12

The party who makes an offer is called the:
A. offeree
B. offered
C. offeror
D. optional

Answer 12

offeror

Question 13

Which of the following terms describes a sale in which the buyer, so long as the buyer is not in default, has a right to possession before payment in full is made?
A. bill of lading
B. bill of exchange
C. billing contract
D. conditional sale

Answer 13

conditional sale

Question 14

A contract to keep an offer open for a specified period of time supported by consideration is called a/an:
A. option
B. bailment
C. unilateral offer
D. tentative offer

Answer 14

option

Question 15

Which party would be classified as an agent driver for whose actions the funeral home may be liable?
A. a police officer who is on duty escorting a procession
B. a guest at a funeral who drives his own vehicle in the procession
C. a part-time funeral home employee who drives the family limousine in the procession
D. a minister whose honorarium is advanced by the funeral home that is driving her own car in the procession

Answer 15

a part-time funeral home employee who drives the family limousine in the procession

Question 16

Of the following, who has the primary right to control final disposition of a body?
A. adult son
B. cousin
C. creditor
D. state

Answer 16

adult son

Question 17

A good business technique in funeral arrangements is to
A. promise the family a meaningful service
B. allow the use of various credit arrangements
C. have a written contract
D. pre-sell

Answer 17

have a written contract

Question 18

In a cortege, drivers who are under the control of the FD are legally referred to as
A. contract drivers
B. lawful drivers
C. livery drivers
D. agent drivers

Answer 18

agent drivers

Question 19

Although a dead body is in one mortuary, the mortuary which has control of the final disposition is said to have
A. actual custody
B. constructive custody
C. promise of custody
D. contract custody

Answer 19

constructive custody

Question 20

As a FD, the only people you should inform, even if asked, that the deceased has an infectious disease are appropriate members of
A. the clergy
B. law enforcement agencies
C. your staff
D. the press

Answer 20

your staff

Question 21

The party who is sued in a civil suit is known as the
A. defendant
B. plaintiff
C. offeror
D. administrator

Answer 21

defendant

Question 22

The doctrine of stare decisis is concerned with
A. suits
B. case law
C. parole evidence
D. torts

Answer 22

case law

Question 23

The term that is used when all the terms of a contract have been fully performed by the contracting parties is
A. bilateral
B. executory
C. void
D. executed

Answer 23

executed

Question 24

A business that is owned by one person is classified as a
A. corporation
B. partnership
C. sole proprietorship
D. limited partnership

Answer 24

sole proprietorship

Question 25

False statements made in writing for the purpose of injuring the reputation of another constitute
A. slander
B. libel
C. implicit trespass
D. breach of ordinance

Answer 25

libel

Question 26

Personal property permanently attached to land is known as a
A. quitclaim
B. premium
C. novation
D. fixture

Answer 26

fixture

Question 27

The person appointed by a court to oversee an estate is the
A. heir
B. bailment
C. fiduciary
D. inter-vivos

Answer 27

fiduciary

Question 28

An intoxicated person makes a contract. It is
A. valid
B. formal
C. correct
D. voidable

Answer 28

voidable

Question 29

The branch of the law which deals with the rules of conduct and actions governing a mortician during his legal relations with the public is
A. tort law
B. criminal law
C. mortuary law
D. administrative law

Answer 29

mortuary law

Question 30

A private or civil wrong whose cause is intentional or caused by negligence for which there may be action or damages is a
A. tort
B. felony
C. accident
D. misdemeanor

Answer 30

tort

Question 31

A not of complaint given to a defendant defining the complaint and a time frame in which an answer must be received is a/an
A. summons
B. petition
C. complaint
D. executive order

Answer 31

summons

Question 32

An intentional statement of false facts upon which an injured party relied in a decision to enter into a contract, to their detriment is
A. tort
B. fraud
C. opinion
D. negligence

Answer 32

fraud

Question 33

The method of removing one's free will in making a decision by threats to do physical harm to the person, his family, or property is
A. duress
B. bailment
C. undue influence
D. misrepresentation

Answer 33

duress

Question 34

Unauthorized embalming may be viewed by the courts as which type of violation?
A. nuisance
B. abatement
C. mutilation
D. stare decision

Answer 34

mutilation