Legal and Regulatory Compliance
When a person dies with a will and she appoints a man to handle her final affairs, this person is known as An Administrator An Administratrix An Executrix An Executor
An Executor
Which of the following is not a member of a profession allied to the funeral profession? Doctor Nurse Grief Therapist Attorney
Attorney
Which of these FTC items includes the fee for obtaining and filing the death certificate? Basic Arrangements Additional Services of Funeral Director and Staff Supervision of the Funeral Service Document Filing Fee
Basic Arrangements
Which of these funeral home charges, according to FTC, is nondeclinable? Embalming Topical Disinfection Transfer of Remains to Funeral Home Basic Arrangements
Basic Arrangements
When a dead human body is in the Medical Examiner's mortuary, the family has hired the funeral home to make funeral arrangements and care for the body, the funeral home is said to have ___. Constructive custody Actual custody Present custody Contract of custody
Constructive custody
___________ refers to the Federal Trade Commission. Cremation Direct Cremation Crematory FTC
FTC
In an auction, goods which are offered for sale that cannot be withdrawn are classified as Future goods Cosigned goods Goods offered without reserve Goods offered with reserve
Goods offered without reserve
Which of the following terms is defined as having a sense of honor, and fair dealings? Honesty Ethnicity Mortality All of these
Honesty
Which of the following is not a good personal ethical trait? Honesty Selflessness Infidelity Integrity
Infidelity
Which of the following is a fee that a funeral home could charge? Insurance Processing Fee Casket Handling Fee Urn Handling Fee A Funeral Home could charge for all of these
Insurance Processing Fee
Fidelity to moral principles is a definition of Ethics Integrity Liability Honesty
Integrity
Mrs. Poppins dies without a will and her husband and four children go to a lawyer to find out who is entitled to her property. The lawyer informs Mr. Poppins that he will receive all of her property because they were legally married at the time of death. This is an example of: Ademption Intestate succession Unsecure claim Claim by Default
Intestate succession
A partnership in which one's partner's liability is limited to a capital contribution only is a Nontrading partnership General partnership Silent partnership Limited partnership
Limited partnership
All of the following would be considered part of a funeral director's individual/ personal ethics EXCEPT: Membership in Professional organizations giving full and accurate answers to family questions Integrity Honesty
Membership in Professional organizations
A funeral home's General Price List must list Only the goods and services that the funeral home regularly offers Only the services that the funeral home offers All of the goods and services that any funeral home might offer Only the goods that the funeral home offers
Only the goods and services that the funeral home regularly offers
Which of the following is an ethical obligation that a funeral director owes to his professional association? Let other members do all the work No need to attend regular meetings Participation Non-participation
Participation
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 ___. Interstate division Per capita Intrastate division Per stirpes
Per capita
A funeral home's family car is considered a Public carrier Freight carrier Private carrier Common carrier
Private carrier
The act or process of proving a will Testate Probate Intestate Executory
Probate
One of the categories required to be itemized on the GPL (if the funeral provider offers the service). This involves services of the funeral provider after another firm at the locale of death has provided initial service. Funeral Rule requires package pricing of this service with a description of the components included: Receiving remains Cremation Shipping of remains Immediate disposition
Receiving remains
In maintaining a high standard of conduct with a competitor, the funeral director would be wise to Refrain from fraudulent business practices Stress employee continuing education Provide complete privacy in the preparation of the body Respect the bereaved family's choice of a funeral establishment
Respect the bereaved family's choice of a funeral establishment
The passing of title from seller to buyer for a price is called a: Sale Stipulation Stipend Freud
Sale
Which funeral home document required by the FTC contains just three mandatory disclosures. These disclosures state that the client family will only be charged for the items that they selected, that embalming is not required by law and is not necessary for all types of services, and that if you take rebates or discounts on cash advance items that you charge for your services in obtaining those items. Funeral bill Outer Burial Container Price List Statement of Funeral Goods and Services Selected General Price List PrevSubmit
Statement of Funeral Goods and Services Selected
Which of these statements is correct according to the FTC Funeral Rule about setting the prices of required packages? The FTC does not set the prices, that is the funeral home's responibility The total charge must be the same as other funeral homes' packages in the same market area The total charge must equal the sum of each item included The total charge must be less than the total of each item included
The FTC does not set the prices, that is the funeral home's responibility
According to the Federal Trade Commission, may a funeral home list a separate fee on its GPL to conduct an identification prior to cremation? only if it is listed as additional merchandise Yes No
Yes
The charge for certified copies of the death certificate paid to the registrar, obtained as an accommodation for the family is ___. included in "Other Services of Funeral Director and Staff" part of basic arrangements part of the Memorial Package a cash advance
a cash advance
A government document which defines the rights of its citizens and is the source of fundamental legal principles upon which other laws are based is: civil law the uniform commercial code common law a constitution
a constitution
Any individual, partnership, corporation, association, government or governmental subdivision or agency, or other entity has the right to be legally considered to be the same as: an event a deceased person a living person the remains of a corporation
a living person
As an ethical funeral director, when choosing a source of caskets, the most important qualification of the manufacturer should be: a strong policy of up-holding their warranty a sales representatives who keeps you informed regarding your competitor buy from all companies to maintain your "nice guy" image buy from the largest manufacturers only
a strong policy of up-holding their warranty
A court of original general jurisdiction is a supreme court an original court an appellate court a trial court
a trial court
A court of original general jurisdiction is a trial court a supreme court an appellate court Superior Court
a trial court
Often called a "reward contract" this type of contract promises to pay when an act is completed. There is no negotiation between parties, the execution is the acceptance. a unilateral contract a bilateral contract a formal contract an express contract
a unilateral contract
Which of these are actual types of endorsements? 1- Blank 2- Special 3- Qualified 4- Restrictive 1 & 3 only 1, 2 and 4 only 2 & 4 only all of these
all of these
Which of the following terms means "related", as in related professions? interns employees clients allied
allied
Price lists which may be prepared for use in certain limited situation such as children/infants, for government agencies to provide for indigent persons: cash advance items casket price list alternative price lists alternative container
alternative price lists
A contract in which the duties and obligations assumed by the parties are not verbalized but indicated by their actions is known as an implied contract a bilateral contract a unilateral contract an express contract
an implied contract
Laws that are designed to prevent one corporation from controlling a large share of a market or products are Nader laws consumer protection laws production control laws anti-trust laws
anti-trust laws
The right to declare dividends depends upon the discretion of the shareholders board of directors promoter stockholder
board of directors
Which of the following is a fee that a funeral home could charge? both Estate Claims Fee and Insurance Processing Fee Neither Insurance Processing Fee nor Estate Claims Fee Insurance Processing Fee Estate Claims Fee
both Estate Claims Fee and Insurance Processing Fee
Any item of service or merchandise described to a purchaser as an "accommodation" "cash disbursement," or similar term: cash discount item free items funeral goods cash advance item
cash advance item
Select the item of service or merchandise which a funeral home might offer but is not one of the items: required by the FTC to be listed on the GPL. receiving remains from another funeral home catered family meal between sessions of visitation use of classic 1955 funeral coach topical disinfection charge
catered family meal between sessions of visitation
For a Direct Burial Package, there will be charges in addition to the package price. Which of these additional charges will be found on the Statement of Funeral Goods and Services Selected. basic arrangements, vault, cemetery charges cemetery charges, vault local removal, cemetery charges, vault transportation to local cemetery, grave opening charge, vault
cemetery charges, vault
The body of laws concerned with the private or purely personal rights are ordinances civil laws criminal laws legislative laws
civil laws
The item which is listed on the Statement of Funeral Goods and Services Selected as a cash advance is: purchase of a custom casket clergy honorarium limousine owned and operated by the funeral home excess mileage charge for burial outside usual service area
clergy honorarium
A declaration or public statement of professional standards of right and wrong conduct- subscribed to by the members of an association-defines a(n): philosophy code of ethics ethnicity code of conduct
code of ethics
The damages awarded an injured party in a contract in which the injured party is entitled to compensation for the exact amount of the loss are called punitive damages compensatory damages nominal damages liquidated damages
compensatory damages
If a person sends an embalming machine via an airplane to another funeral home, the shipper is also known as the: consignor agent Consignee general agent
consignor
The concept of a citizen's rights to life, liberty, and the pursuit of happiness is found in constitutional law case law criminal law common law
constitutional law
For the average citizen, the most important courts of the state court systems are the appellate courts state supreme courts courts of original general jurisdiction inferior courts
courts of original general jurisdiction
Date that the specific price list was put into use is called ___. advance date direct date effective date exigent date
effective date
Situation requiring immediate action or urgency: HIV cash advance exigent circumstances FTC
exigent circumstances
When with a family during an arrangement conference, it is good ethical practice to: explain the variety of choices they may make, then allow them to decide demand that the family use the flower shop owned by the funeral home guide the family to the third quartile for casket sales inform the family of rumors about the cause and manner of death
explain the variety of choices they may make, then allow them to decide
Receiving Remains From Another Funeral Home package includes all except: transfer from closest airport filing the burial permit transportation to local cemetery fee for opening the grave
fee for opening the grave
the FTC Funeral Rule requires a minimum of ___ packages on the GPL. four six two zero
four
A service commemorating the deceased with the body present: funeral ceremony funeral goods funeral provider funeral services
funeral ceremony
Goods of a homogenous nature which are sold by weight or measure are known as indentified goods future goods fungible goods existing goods
fungible goods
Which of the following is classified as personal property? a farm of 160 acres in size stock certificate mineral interest in a parcel of land furniture
furniture
Which of these acts is illegal? giving information from the GPL over the phone to anyone who calls giving the family a copy of the casket price list to retain holding a body until the bill is paid mailing a copy of your GPL to a person who asks for one
holding a body until the bill is paid
The condition of an estate of a deceased person which is unable to pay the debts of the decedent and/or the estate is referred to as being intestacy per stirpes intestacy per capita solvent estate insolvent estate
insolvent estate
The method of price quotation by which each unit of service and/or merchandise is priced? itemization mandatory disclosures non-declinable service fee tying event
itemization
Courts concerned with delinquent, dependent and neglected minor children are called probate courts criminal courts juvenile courts domestic relations courts PrevSubmit
juvenile courts
Caveat Emptor means let the buyer beware beware of the seller the cave is empty mechant beware
let the buyer beware
The person who signs a promissory note and is obligated to pay at maturity is called the payer of the note maker of the note acceptor of the note holder of the note
maker of the note
Failure to exercise reasonable care toward another party is known as a mistake carelessness negligence an accident
negligence
Which of these charges may legally be shown on the Statement of Funeral Goods and Services Selected in addition to the package called Direct Burial? transportation to local cemetery newspaper notices topical disinfection local removal
newspaper notices
Is it a violation of the Americans with Disabilities Act (ADA) to charge a family more for handling obese bodies than "normal" cases? This does not include necessary charges such as special merchandise or cremation surcharge. - yes, it is a violation - no, it is not a violation
no, it is not a violation
A philosophy that does not focus on the worship of a god or gods is considered to be: conventional polytheistic pre-conventional non-theistic or atheistic
non-theistic or atheistic
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? nothing cause an increase in stock price cause a drop in stock price cause the company to dissolve
nothing
he substitution of a new party in a contract for the original party who is to perform the contract is called? a contract of agency novation assignment replacement
novation
The party who makes the offer is the offeree offered offeror acceptor
offeror
The funeral director is required by the Funeral Rule to retain all price lists for a ________________ period from the date the price lists were last distributed. three years 30 years one year 10 years
one year
Any container which is designated for placement in the grave around the casket including, but not limited to, a container commonly known as burial vaults, grave boxes and grave liners: future goods vaults outer burial container GPL
outer burial container
Any container which is designed for placement in the grave around the casket including, but not limited to, a container commonly known as burial vaults, grave boxes and grave liners: future goods outer burial container vaults GPL
outer burial container
The method of dividing an intestate estate where a class or group of distributees take the share which their deceased ancestor should have been entitled to, and not as individuals is distribution ___. per stirpes ademption abatement per capita
per stirpes
The set of values, ideas and opinions of an individual or group is known as: philosophy religion law ethics
philosophy
The FTC, Bureau of Funeral Directing, OSHA, ADA, are all examples of: governmental interference police powers civil law criminal law
police powers
Corporation formed by individuals to perform some non-governmental function are called public corporations private corporations alien corporations foreign corporations
private corporations
The ethical funeral director should: provide professional service to all who seek it decline to provide services for a person from a different community always charge a fee for aftercare counseling take care of the remains of only those that can afford his or her services
provide professional service to all who seek it
If a person dies and next of kin cannot be located in a day or two, preservation of the remains is necessary. The availability of ___ would eliminate unauthorized embalming being allowed due to exigent circumstances. dry storage cosmetology refrigeration cremation
refrigeration
According to the FTC Funeral Rule, which of these is not a legal Alternative Price List for special groups? Infants and Children Governmental Agencies such as Welfare Religious Orders specific ethnic groups
specific ethnic groups
The owners of a corporation are known as makers directors stockholders promoters
stockholders
Which of these is a correct statement about requesting verbal permission to embalm if the family is present at the time the removal is being made? the cost of embalming may be lowered at that time to make the sale the cost for embalming needs to be discussed only if the family asks about prices the cost of embalming must be stated by the funeral director before they are allowed to give permission verbal permission to embalm is never allowed, it must be written and signed
the cost for embalming needs to be discussed only if the family asks about prices
The two essential element of a contract are it must conform to the Statute of Frauds it must be under seal there must be an offer there must be acceptance
there must be an offer there must be acceptance
A situation where a person has suffered damages as a result of another person's actions is a ___. Compensation for the injured party can be determined by a court of law. misrepresentation devise tort felony
tort
When the duty of care that a motorist owes other motorists and pedestrians is breached and result in injury or damage to another, that motorist has committed a felony misdemeanor criminal act tort
tort
Generally, a minor is fully liable for his/her torts scruples contracts convicts
torts
The occurrence of a situation that requires certain action(s): tying arrangement receiving remains disclosure triggering event
triggering event
A contract is a legally enforceable agreement between two or more legally competent persons a minor and an adult to perform a legal act two persons of legal age two minors
two or more legally competent persons
A written disposition of property, real or personal, to take effect at the death of an individual is called a lease deed will promissory note
will
Other than the sixteen goods and services which must appear on the GPL, may a funeral home give other items away for free? yes - - no
yes
Paul Johnson wants to do away with the Casket Price List and Outer Burial Container Price List by listing all of his caskets and outer burial containers on his General Price List. Is this permissible under the FTC Funeral Rule? - - no yes
yes
On its GPL, may a funeral home use the term "basic cremation" instead of "direct cremation" or the term "simple burial" instead of "immediate burial?" yes- unrestricted. no yes- but NOT in the Mandatory Disclosures. only with special approval from the FTC
yes- but NOT in the Mandatory Disclosures.
The requirement that funeral homes have accessible public areas using ramps or lifts as necessary comes from ADA Civil Rights Act The Wage and Hour Act OSHA HCS
ADA
Bequest -The condition of the estate of a deceased person which is unable to pay the debts of the deceased and/or the estate. -The estate which passes from the deceased to his/her heirs. An instrument executed with required formality by a person making disposition of his/her property to take effect upon the time of their death. -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. -A gift of personal property made in a will. An addition or amendment to a last will and testament is executed with the same formality as the will
A gift of personal property made in a will.
Probate Court? The condition of leaving a will at death A man who makes a valid will The state or condition of dying without making a valid will The act or process of proving a will to be valid A woman who makes a valid will A court which has jurisdiction over estates The condition under the law where an heir has rights to the property and assets of an estate in the event the decease fails to leave a will
A court which has jurisdiction over estates
A person receiving a gift of real estate in a will is An administrator A devisee A legatee An executor
A devisee
Insolvent estate The condition of the estate of a deceased person which is unable to pay the debts of the deceased and/or the estate. An instrument executed with required formality by a person making disposition of his/her property to take effect upon the time of their death. 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. An addition or amendment to a last will in testament is executed with the same formality as the will A gift of personal property made in a will. The estate which passes from the deceased to his/her heirs.
The condition of the estate of a deceased person which is unable to pay the debts of the deceased and/or the estate.
Intestate Succession The condition of leaving a will at death The condition under the law where an heir has rights to the property and assets of an estate in the event the decease fails to leave a will The act or process of proving a will to be valid A man who makes a valid will
The condition under the law where an heir has rights to the property and assets of an estate in the event the decease fails to leave a will PrevNext
To read the charge of an indictment is To arraign to assault To annul To set bond
To arraign
