Test 1

Question 1

Quasi contracts are implied contracts not imposed by law. (T/F)

Answer 1

False

Question 2

Under which theory was the dead human body exclusively within the control of the church?

Answer 2

Property theory

Question 3

The body of a human being is considered quasi property. (T/F)

Answer 3

True

Question 4

Which of the following has the paramount right to arrange for disposition?

• Son
• Spouse
• Executor
• Church

Answer 4

Spouse

Question 5

Which document is necessary to obtain a permit for cremation?

Answer 5

Completed death certificate

Question 6

Exhumation is synonymous with the term:

Answer 6

Disinterment

Question 7

The surviving spouse has paramount right and duty of disposal. (T/F)

Answer 7

True

Question 8

Unauthorized embalming may be viewed by the courts as which type of violation:

Answer 8

Mutilation

Question 9

Automotive equipment made available for hire is referred to as:

Answer 9

Livery

Question 10

This type of law tries to get out of problems after they arise:

Answer 10

Remedial

Question 11

A breach of duty of the care one individual has toward others is called:

Answer 11

Tort

Question 12

When the duty of care that a motorist owes other motorists and pedestrians is breached and results in injury or damage to another, what has been committed?

Answer 12

Tort

Question 13

A father is liable for expenses of his:

Answer 13

Minor dependents

Question 14

Who would have the right to authorize cremation for David, age 10? His parents are divorced and the mother has custody and is the legal guardian.

Answer 14

The mother

Question 15

A contract to commit a crime is a void contract. (T/F)

Answer 15

True

Question 16

The exhumation of a dead human body is accomplished by court order through the:

Answer 16

• Coroner

* Presiding judge

Question 17

Real property is land and anything attached to it. (T/F)

Answer 17

True

Question 18

Anatomical gifts may be made by:

Answer 18

• The individual
• A surviving spouse
• The next of kin

Question 19

A judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age or legal disability:

Answer 19

Guardian

Question 20

Which are sources of mortuary law?

Answer 20

• Constitution
• Statutes
• Case law
• Common law

Question 21

The most common type of disposition in the United States is:

Answer 21

Burial

Question 22

The primary right and duty of disposal belongs to the next of kin, or, if surviving, the spouse. (T/F)

Answer 22

True

Question 23

Customs which have to be recognized by the courts as law describes:

Answer 23

Common law

Question 24

If the primary right and duty of disposal is in question, the funeral director should:

Answer 24

Hold the body until the proper authorities release the remains and / or authorize the final disposition

Question 25

The branch of law that relates to matters concerned with the disposition of the dead:

Answer 25

Mortuary law

Question 26

Literally it means, “Let the decision stand”:

Answer 26

Stare decises

Question 27

When the physical possession of a dead body lies with a funeral director but a certain other funeral director has control of the ultimate disposition, the first director mentioned has:

Answer 27

Actual custody

Question 28

“I promise to pay” would appear on which type of contract:

Answer 28

Express

Question 29

The funeral director may be held liable for which driver if he holds such vehicle out as his own and are under his control?

• Volunteer driver
• Livery driver
• Employee
• Agent

Answer 29

All of the above

Question 30

Which of the following is an act of final disposition of cremated human remains?

• Scattering
• Placing them in a niche in a columbarium
• Inurnment
• Burial

Answer 30

All of the above

Question 31

An appointed governmental body charged with implementing particular legislation:

Answer 31

Administrative agency

Question 32

The correct term for a dead body that has been donated to medical science is:

Answer 32

Cadaver

Question 33

Defined as organs, tissues, eyes, bones, arteries, blood, or other fluids and any other portion of the human body for transplantation:

Answer 33

Body part

Question 34

The embalming of a body is required by law in all cases. (T/F)

Answer 34

False

Question 35

Which of the following does not meet the conditions or criteria of a dead body?

• The bones of a skeleton
• Must be human
• Is not entirely disintegrated
• Must be without life
• None of the above

Answer 35

The bones of a skeleton

Question 36

Which of the following survivors would have the right to authorize cremation for Mary, age 60?

• Mary’s grandchildren
• Mary’s mother
• Mary’s sister
• Mary’s adult children

Answer 36

Mary’s adult children

Question 37

A law enacted by a state or federal legislative body:

Answer 37

Statute

Question 38

A dead human body, legally, means the body of a human being, deprived of life, but not yet entirely disintegrated. (T/F)

Answer 38

True

Question 39

A wholly dismembered body is not considered a body by law. (T/F)

Answer 39

True

Question 40

A funeral director has no liability for which drivers in the funeral procession:

Answer 40

A volunteer driving his own vehicle and not under the direction of the funeral director.

Question 41

The physical possession of the dead human body:

Answer 41

Actual custody

Question 42

The term “dead body” is synonymous for the term “corpse” (T/F)

Answer 42

True

Question 43

If the body is at the hospital or mortuary, the custody of the next of kin is said to be:

Answer 43

Constructive

Question 44

Which of the following would be the nearest next-of-kin to a woman whose husband is deceased?

• Granddaughter
• Mother
• Aunt
• Niece by marriage
• Brother

Answer 44

Mother

Question 45

The legal status of a body in our current society is explained by:

Answer 45

Quasi property

Question 46

A law permitting a person to give all or a part of his / her body to take effect upon death:

Answer 46

Uniform Anatomical Gift Act

Question 47

An action to recover possession of personal property:

Answer 47

Replevin

Question 48

Which is the best way to dispose of unclaimed cremated remains?

Answer 48

Store the remains indefinitely if necessary

Question 49

The laws of city councils are called:

Answer 49

Ordinances