Legal and Regulatory Compliance - Questions Flashcards
Applying common law, who has the primary right to control final disposition of the deceased? A. adult son B. cousin C. creditor D. state
adult son
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
court
In legal terminology, a dead human body is considered: A. real property B. quasi-property C. chattel D. partial property
quasi-property
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
specify the reason for embalming on the Statement of Funeral Goods and Services
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
bailor
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
police power
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
is not property in a real sense
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
actual custody
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
$154.00
Any rate of interest above the maximum rate allowable by law is: A. fiduciary B. usury C. undue influence D. duress
usury
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.
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.
The party who makes an offer is called the: A. offeree B. offered C. offeror D. optional
offeror
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
conditional sale
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
option
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
a part-time funeral home employee who drives the family limousine in the procession
Of the following, who has the primary right to control final disposition of a body? A. adult son B. cousin C. creditor D. state
adult son
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
have a written contract
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
agent drivers
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
constructive custody
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
your staff
The party who is sued in a civil suit is known as the A. defendant B. plaintiff C. offeror D. administrator
defendant
The doctrine of stare decisis is concerned with A. suits B. case law C. parole evidence D. torts
case law
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
executed
A business that is owned by one person is classified as a A. corporation B. partnership C. sole proprietorship D. limited partnership
sole proprietorship
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
libel
Personal property permanently attached to land is known as a A. quitclaim B. premium C. novation D. fixture
fixture
The person appointed by a court to oversee an estate is the A. heir B. bailment C. fiduciary D. inter-vivos
fiduciary
An intoxicated person makes a contract. It is A. valid B. formal C. correct D. voidable
voidable
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
mortuary law
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
tort
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
summons
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
fraud
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
duress
Unauthorized embalming may be viewed by the courts as which type of violation? A. nuisance B. abatement C. mutilation D. stare decision
mutilation
