Legal and Regulatory Compliance DEAD
A "contract" made with which of these types of people is actually void? A) legally declared insane person B) adult C) intoxicated person D) minor
a
A charge against another's property as security for a debt or claim is A) a lien B) a debt C) as easement D) an obligation
a
A contract in which two or more people individually agree to perform the same obligation is called a A) several contract B) unilateral contract C) joint contract D) joint and several contract
a
A document filed with the Secretary of State in which a corporation wishes to operate detailing the major components of the company: A) Charter B) Diploma C) Certificate D) Check
a
A formal written command issued by a court of law A) a writ B) a warranty deed C) a note payable D) a will
a
A partnership in which one of the partner's participation is specifically for capital contribution and monthly auditing of the financial records is a: A) limited partnership B) nontrading partnership C) silent partnership D) general partnership
a
A partnership in which one's partner's liability is limited to a capital contribution only is a A) Limited partnership B) Nontrading partnership C) Silent partnership D) General partnership
a
A person who handles the affairs of a Trust account is a A) Trustee B) Grantee C) Administrator D) Trustor E) Administratee
a
A personal representative of the decendent appointed in the will to carry out the provisions of the will is called A) executor B) surrogate C) devisee D) administrator
a
All of the following are examples of Kohlberg's stages of moral development EXCEPT: A) the moral stage B) the post-conventional stage C) the conventional stage D) the pre-conventional stage
a
An agency of the federal government created in 1914 promote free and fair competition by prevention of trade restraints, price fixing, false advertising and other unfair methods of competition: A) FTC B) OSHA C) ADA D) IRS
a
Criminal law is concerned with: A) a wrong against the public as a whole. B) wrongful acts committed by stupid people. C) a wrong act against an individual or his property. D) a wrong against a funeral director.
a
Exist when a seller requires the purchase of unwanted items/services in order to obtain the desired item/service. A) Tying Arrangements B) Freud C) Capitalization D) Bundling
a
If a funeral home offers packages, other than the four mandated by the FTC, does the Funeral Rule require the funeral home to list each of the items included in the package on the Statement of Funeral Goods and Services Selected? A) yes B) no
a
In calculating the discount for a package, does the Funeral Rule prohibit a funeral home from discounting the Basic Arrangements fee? A) yes B) no
a
May a funeral home charge an additional fee for guaranteeing the price of a pre-need funeral? A) yes B) no
a
May a funeral home have a fee for obtaining DC's outside of its normal business area? A) yes B) no
a
May a funeral home incorporate only a portion of its basic service fee in its charges for direct cremation, immediate burial, forwarding or remains and receiving of remains? A) yes B) no
a
May a funeral home list a separate fee on its GPL to conduct an identification prior to cremation? A) Yes- Depending on the State! B) Yes C) No D) Never
a
Other than the sixteen goods and services which must appear on the GPL, may a funeral home give other items away for free? A) yes B) no
a
Parol evidence is A) spoken words B) chattel C) battery D) legality
a
Property rights consisting merely of evidences of ownership of property, such as copyrights, checks, notes and stocks are A) intangible personal property B) tangible personal property C) real property D) mixed property
a
Quasi-property means ___ . A) belongs to the land and not to a person B) illicitly obtained items that nobody misses C) something that is intangible, like a copyright D) two or more people who have joint title to a piece of land divide it among themselves
a
The set of values, ideas and opinions of an individual or group is known as: A) philosophy B) law C) ethics D) religion
a
To read the charge of an indictment is A) to arraign B) to set bond C) to annul D) to assault
a
Under what circumstance can a funeral director legally keep commissions, rebates, discounts on cash advance items instead of returning that money to the person paying the bill? A) when there is an insolvent estate B) when the transaction does not come under the jurisdiction of the FT C) when the phrase "we charge for our services to obtain these items for you" D) when the total funeral bill exceeds $10,000
a
When a person dies with a will and Probate approves the person in charge of settling the final affairs of the estate, the person receives A) Letters of Testamentary B) Letters of Estatus C) Letters of Administration D) Letters of Probate
a
When the buyer makes a selection of goods which are to be purchased from the seller, the goods are classified as A) identified goods B) fungible goods C) existing goods D) future goods
a
Which of the following has occurred if a funeral practitioner intentionally misrepresents a benefit of a pre-need funeral agreement? A) Fraud B) Crime C) Felony D) Tort
a
Which of the following is a fee that a funeral home could charge? A) Insurance Processing Fee B) Casket Handling Fee C) Urn Handling Fee D) A Funeral Home could charge for all of these
a
Which of the following is written properly? A) DISCLAIMER OF WARRANTIES THE FUNERAL HOME MAKES NO REPRESENTATIONS FOR WARRANTIES REGARDING THE CASKETS LISTED ABOVE. THE ONLY WARRANTIES, EXPRESSED OR IMPLIED, GRANTED IN CONNECTION WITH CASKETS SOLD ARE THE EXPRESS WRITTEN WARRANTIES, IF ANY, EXTENDED BY THE MANUFACTURERS THEREOF. THE FUNERAL HOME HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO THE CASKETS, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. B) DISCLAIMER OF WARRANTIES The F.H makes NO representations or warranties regarding the caskets or other merchandise listed above. The only warranties, expressed or implied, granted in connection with caskets or other merchandise sold, are those extended by the manufacturers thereof. The F.H hereby expressly disclaims all expressed or implied warranties related to this merchandise. including, but not limited to the implied warranties the this merchandise is good for the purpose for which it was intended.
a
Which of the following terms is defined as having a sense of honor, and fair dealings? A) honesty B) ethnicity C) morality D) All of these
a
Which one of the following is not a member of an allied profession, allied to the funeral profession? A) Attorney B) EMT C) Nurse D) Doctor
a
A contract made by a person who is intoxicated enough to be uncertain of the consequences at the time the contract is made is: A) regulatory B) Voidable C) Void D) Executory
b
A contract which is based upon acts being done in consideration for a promise is called A) a bilateral contract B) a unilateral contract C) a formal contract D) an express contract
b
A document of title which sets forth the contract between the shipper and carrier is the A) bill of shipment B) bill of lading C) bill of consignment D) bill of contents
b
A funeral home's General Price List must list A) All of the goods and services that a funeral home offers B) Only the goods and services that the funeral home regularly offers C) Only the goods that the funeral home offers D) Only the services that the funeral home offers
b
A newspaper advertisement can be an offer if it shows A) mutual agreement B) intent C) the price D) markup
b
A nuncupative will is A) a typed will B) an oral will C) a handwritten will D) a collateral will
b
A proportional reduction of a legacy when the funds or assets out of which such legacy are payable are not sufficient to pay it in full is A) ademption B) abatement C) probate D) codicil
b
A term involving a relation of trust or confidence is A) fraud B) fiduciary C) usury D) bailment
b
According to the Federal Trade Commission, may a funeral home list a separate fee on its GPL to conduct an identification prior to cremation? A) only if it is listed as additional merchandise B) Yes C) No
b
All physical possessions that are not real property are classified as A) short-term property B) personal property C) general property D) perpetual property
b
College Funeral Home does 300 funerals each year. The business is split 50/50 between traditional full adult funerals with embalming, dressing, cosmetizing and casketing. The other half is cremation with a typical ID viewing in an alternative container suitable for cremation. Is it permitted under the funeral rule for College F.H. to have a burial casket price list and a separate cremation casket and container price list? A) yes B) no
b
Does the Funeral Rule require a funeral home to place a disclaimer of warranties on its Casket Price List and Outer Burial Container Price List? A) yes B) no
b
Endorsements of commercial paper include which of the following? warranted endorsement blank endorsement qualified endorsement restrictive endorsement A) 1, 2 and 3 B) 2, 3 and 4 C) 1, 2 and 4 D) 1, 3 and 4
b
Ethics is probably best defined: A) as one's personal conduct in recognizing the dignity of mankind B) as the discipline of dealing with moral duty and obligation C) as a code assumed by the funeral profession D) as maintaining a non-judgmental attitude towards one's clientele
b
If a family is using the service of a competing funeral home but wishes to purchase a casket or urn from your establishment, may you refuse to provide that service? A) yes B) no
b
If a funeral home offers packages, must they be on the General Price List? A) yes B) no
b
If the body is to be embalmed, may the funeral home have a separate fee for bathing and disinfecting? A) yes B) no
b
In an auction, goods which are offered for sale that cannot be withdrawn are classified as A) Goods offered with reserve B) Goods offered without reserve C) Future goods D) Cosigned goods
b
May a funeral home have a burial casket price list and a separate cremation casket and container price list? A) yes B) no
b
May a funeral home list a separate fee on its GPL to apply for and obtain a death certificate? A) yes B) no
b
May any of the 16 items required to be listed on the GPL be listed as "free"? A) yes B) no
b
Mr. Greenjeans makes a will which states that his estate will be divided equally only among the children who are alive when he dies. This type of distribution is called ___. A) Interstate division B) Per capita C) Intrastate division D) Per stirpes
b
Mutual mistakes as to the existence of the subject matter renders a contract A) voidable B) void C) unenforceable D) valid
b
Not necessarily stated but held to be true by most citizens of the United States is the right to a: A) vault B) decent final disposition C) funeral D) casket
b
Perjury is A) silence B) false testimony C) duress D) undue influence
b
The FTC, Bureau of Funeral Directing, OSHA, ADA, are all examples of A) governmental interference B) police powers C) civil law D) criminal law
b
The decision of the jury is the A) Summons B) Verdict C) Warrant D) Judgement
b
The owners of a corporation are known as A) directors B) stockholders C) makers D) promoters
b
The person who signs a promissory note and is obligated to pay at maturity is called the A) payer of the note B) maker of the note C) acceptor of the note D) holder of the note
b
What would the death of a minority stock holder (a person holding only a small number of the total shares of the company) do to that company? A) cause an increase in stock price B) nothing C) cause a drop in stock price D) cause the company to dissolve
b
When a buyer takes actual possession of goods which have been offered for sale, this action is called A) a bill of sale B) an acceptance C) a contract to sell D) a receipt
b
When a person dies with a will and he appoints a woman to settle his affairs after death, the person who settles his affairs is known as A) An Administrator B) An Executrix C) An Executor D) An Administratrix
b
Which of these mandatory disclosure is written correctly? A) Except in certain special cases, embalming is required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial. B) Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial. C) Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangements the does not require you to pay for it, such as simple cremation or simple burial. D) Except in certain special cases, there is no State in the United States that requires you to select embalming. however, if you select certain arrangements such as a funeral with public viewing you must pay for the embalming. If you do not want embalming, you may have the right to choose arrangements that do not require it, such as a grave side funeral or immediate cremation.
b
A breach of contractual obligation other than failing to pay when the contract has been executed is called___. A) interest B) unenforceable C) default D) terms of performance
c
A contract that may be set aside by at least one of the parties is A) Valid B) Void C) Voidable D) Formal
c
A contract which is written so that either part may consider it as a joint obligation or a group of individual obligation is A) a joint contract B) a several contract C) a joint and several contract D) an assignment contract
c
A lien or mortgage against real property is A) a replevin B) an easement C) an encumbrance D) a subrogation
c
A written agreement, such as a deed, is delivered to a third person. That person is to deliver it to another person only on performance of a specific action by the person. This type of agreement is known as an: A) Check and Balance agreement B) Trust agreement C) Escrow D) Fiduciary agreement
c
If a funeral director receives the remains from another funeral home and the conditions are below standard, he/she should: A) call the local health officer without delay B) let the family see what a bad job the other funeral home did C) attempt to make the remains presentable before viewing D) Report it immediately to the State Board
c
If the FTC Funeral Rule will not allow the amount of a Cash Advance item to be left blank on the Statement of Funeral Goods and Services Selected, what should the Funeral Director do? A) Double the estimate cost of the Cash Advance Item- to be safe B) Figure the Cost of the Cash Advance Item and add a minimum of 10%. C) Estimate the Cost of the Cash Advance Item. D) Any of these are permissible as long as they are done in good faith
c
In terms of commercial transactions, a _____________ is a person who sells goods for a commission. A) General Agent B) Attorney in Fact C) Broker D) Factor
c
Kohlberg's stage of moral development in which moral reasoning is based on reward and punishments from those in authority is the: A) conventional stage B) pre-moral stage C) pre-conventional stage D) post-conventional stage
c
The contract between a principal and an agent creates a relationship called A) novation B) debenture C) agency D) ultra vires
c
The right that one person has to use the property of another for a special purpose is known as A) a property exit B) a right of passage C) an easement D) a passageway
c
Usury is a term which refers to A) contract obligations B) bailment C) excess interest D) estoppel
c
When a funeral director has a dead human body in his care, he is properly termed a A) bailor B) consignor C) custodian D) bailee
c
Which of the following is a fee that a funeral home could charge? A) Insurance Processing Fee B) Estate Claims Fee C) both Estate Claims Fee and Insurance Processing Fee D) Neither Insurance Processing Fee nor Estate Claims Fee
c
Written instruments drawn in a special form, which can be transferred from person to person as a substitute for money or as instruments of credit, are called A) fungibles B) bailments C) negotiable instruments D) contracts
c
A contract in which undue influence was proven is considered A) voidable B) valid C) express D) void
d
A sale is different from a contract to sell in that ___ A) a sale requires a notarized invoice while a contract to sell is only implied B) either, but not both, are legally allowed by UCC C) the contract follows the sale D) sale means the transfer of funds and merchandise is now complete
d
According to Kohlberg, the state of moral development in which the individual considers universal moral principles which supersede the authority of the group is called: A) pre-conventional stage B) conventional stage C) pre-moral stage D) post-conventional stage
d
According to the Statute of Frauds, contracts classified under the statute need to be to be enforceable A) under seal B) oral contracts C) express contracts D) written contracts
d
All of the following are fiduciary components of pre-funded funeral arrangements EXCEPT: A) determining the funding methods B) the commissions associated with the deposited money C) disclosures regarding financial institution and interest rate D) maintaining the confidentiality and security of the arrangement details
d
An ethical funeral director is expected to be knowledgeable and give factual representation of all of the following EXCEPT: A) Disposition of the deceased B) Funeral merchandise C) Funeral finance D) All of the various religions
d
Any individual, partnership, corporation, association, government or governmental subdivision or agency, or other entity has the right to be legally considered the same as: A) an event B) the remains of a corporation C) a deceased person D) a living person
d
Bailment in which the bailee does not receive any compensation is A) fiduciary bailment B) extraordinary bailment C) incidental bailment D) gratuitous bailment
d
Fidelity to moral principles is a definition of: A) honesty B) ethics C) liability D) integrity
d
For the average citizen, the most important courts of the state court systems are the A) inferior courts B) appellate courts C) state supreme courts D) courts of original general jurisdiction
d
If a Funeral Home is located in a State that requires the Funeral Director to guarantee the Preneed Funeral Arrangement- it would be less risky for the FD to recommend that the family purchase an Insurance Policy. Which of the following types of Insurance Policies would be good for the purpose of being sure that the money is available to pay for the final disposition of the deceased loved one? 1- Term insurance 2- Whole life coverage 3- Universal life coverage 4- Limited-pay 5- Endowments A) 2, 3 & 5. B) 2 & 4 only. C) 1, 2, 4 & 5. D) 1, 2, 3, 4 & 5.
d
In maintaining a high standard of conduct with a competitor, the funeral director would be wise to A) Refrain from fraudulent business practices B) Stress employee continuing education C) Provide complete privacy in the preparation of the body D) Respect the bereaved family's choice of a funeral establishment
d
In the state court, the chief officer is A) the marshall B) the clerk of the court C) the bailiff D) the judge
d
Match the term with the appropriate definition Bequest A) An instrument executed with required formality by a person making disposition of his/her property to take effect upon the time of their death. B) The estate which passes from the deceased to his/her heirs. C) One who holds a position of trust to a beneficiary; as a funeral director is to a client who makes and funds their pre-arrangements. D) A gift of personal property made in a will. E) The condition of the estate of a deceased person which is unable to pay the debts of the deceased and/or the estate. F) An addition or amendment to a last will in testament is executed with the same formality as the will
d
The charge for Embalming on the GPL includes all of these except: A) surface disinfection B) use of the embalming room C) bleaching post mortem stain with phenol D) dressing the body
d
The means whereby one party conveys his rights or benefits in a contract to another who is not a party to the original contract. The original contract remains in force, the other party to the contract does not have to give approval for the transfer of benefits to the new party is called ___. A) novation B) bill of sale C) a contract of agency D) assignment
d
The power to adopt laws for the protection of the public is A) civil process B) administrative power C) equity law D) police power
d
The substitution of a new party in a contract for the original party who is to perform the contract is called? A) assignment B) a contract of agency C) replacement D) novation
d
Which of the following terms are associated with filing suit in a civil action: 1- discovery 2- process 3- petition 4- answer A) 1, 2 and 3 only B) 1 & 2 only C) 3 & 4 only D) all of these
d
