Mortuary Law: All Chapters

requirements for enforceable contracts:

- mutual agreement - competent parties - supported by consideration - lawful purpose

provisions included on a funeral contract:

-itemization - cash transactions - late payment and penalty charges - collection fees - estate liability - joint and several liability - disclaimer of warranties

true

[t/f] 100% trusting laws deprive pre-need sellers of available income.

true

[t/f] a skeleton is not considered a body by law.

true

[t/f] basically, the Funeral Rule makes it possible for the consumer to choose only those goods and services they want or need and to pay only for those they want, whether they are making arrangements when a death occurs or in advance.

true

[t/f] for those callers phoning the funeral home about pricing, you cannot require them to give their names, addresses, or phone numbers before you give them the requested information.

false

[t/f] funeral directors don't really need to know what government agencies make funds available for indigent funerals and how to make claims for those funds.

true

[t/f] funeral directors may be liable for failure to honor requests made by the family.

true

[t/f] in cases where there is a question of size or solvency of the estate, it is prudent for the funeral director to have a relative or third party become liable on the contract in the event the estate is unable to pay the funeral expenses.

false

[t/f] in every state there is an iron-clad rule as to who has the paramount right of disposition.

true

[t/f] mortuary law is found expressed in the form of statutes, ordinances, and case law.

true

[t/f] one of the principle disadvantages of looking to the estate for payment of the funeral bill is the delay in collection.

false

[t/f] pre-need funds in a trust can always be withdrawn by anyone.

false

[t/f] pre-need funeral funds may not be viewed as one of the excusable assets for Medicaid assistance from the state or Supplemental Security Income (SSI) from the Social Security Administration.

true

[t/f] some states permit funeral directors to commingle the pre-need accounts into one master account so that greater returns can be realized.

false

[t/f] the cornerstone of the Funeral Rule is permission for embalming.

true

[t/f] the individual undertaking disposition has the power to exercise control over all matters relating to the funeral.

a dead human body

_________________________ is not property in a real sense.

negligence

a breach of duty of care one individual has for others.

executory

a contract in which the terms have not been fully performed by all parties is said to be:

voidable

a contract in which undue influence was proven is considered:

void

a contract that is of no legal effect.

voidable

a contract that may be set aside by at least one of the parties is:

formal

a contract under seal is called:

valid

a contract which is enforceable by the courts.

a funeral home

a fixed place for the conducting of funerals and/or for the care and preparation of the dead prior to disposition.

burial insurance

a form of insurance that is payable in services or merchandise or as a credit toward services or merchandise.

private carrier

a funeral home's family car is considered a:

administrator

a person appointed by the court to oversee the estate of in intestate is called:

devisee

a person receiving a gift of real estate in a will.

testator

a person who dies leaving a valid will is called a:

executor

a personal representative of the decedent appointed in the will to carry out the provisions of the will.

decomposition

a positive sign of death.

irrevocable funeral contract

a pre-need funeral trust that cannot be cancelled by the beneficiary is known as a:

door-to-door sale

a sale of consumer goods or services exceeding $25 in which the seller personally solicits the sale and the sale is made at a place other than the seller's place of business is known as a:

inheritance statute

a surviving spouse may avoid being written out of a will be invoking the:

fiduciary

a term involving a relation of a trust or confidence is:

will

a written disposition of property, real or personal, to take effect at the death of an individual is called a

constructive custody

although a dead body is in one mortuary, the mortuary which has control of the final disposition is said to have _____________________.

anatomical gift act

an act that generally provides that any individual of sound mind and legal age may donate all or part of his body upon death is the _________________________.

codicil

an addition or modification of a will is known as a:

funeral contract

an agreement between a funeral director and another competent party of legal age, whereby the consumer purchases and the funeral director agrees to furnish merchandise and serves.

a trade embalmer

an independent contractor

nuncupative will

an oral will stated to a witness is a:

nuisance

an unreasonable, unusual, or unnatural use of one's property so that it disturbs the peaceful, quiet, and undisturbed use and enjoyment of nearby property.

necropsy

another term for autopsy

disability

any physical or mental impairment that limits one or more life activities, records of having such impairment, or being regarded as having such an impairment.

usurious

any rate of interest above the maximum rate allowed by law.

personal property

any tangible or intangible property such as personal effects, furniture, automobiles, jewelry, money, stocks, bonds, insurance proceeds payable to the estate, and the like.

the estate

as a rule, who or what is primarily responsible to pay the reasonable and necessary expenses of disposition?

surviving spouse

considering the deceased is survived by each of the following, the primary right and duty of disposal belongs to the: eldest daughter, surviving spouse, brother, or uncle?

funeral law

consists of the rules and principles that society established for handling and disposition of the dead.

disinterment

exhumation is a term for:

6

how many mandatory disclosures are required on the GPL?

16

how many specific goods and services must be separately itemized on the GPL?

a breach of contract

if a funeral director fails to comply with the survivor's requests for confidentiality regarding the death or privacy during the funeral arrangements, they can be held liable for:

the funeral director is liable for the damages that follow as a result of the breach.

if a funeral director promises to undertake certain obligations per a funeral contract entered into between the funeral director and the family, either in writing or verbally, and does not follow through:

negligent embalming

if an embalming falls short of the standard of care, the funeral director will be liable for the resulting damages.

quasi-property

in legal terminology, a dead human body is considered _______________________.

it must be embalmed

in order to legally be considered a dead body or a corpse, three conditions must be met -- what is NOT one of those conditions?

the law setting the higher wage.

in regard to minimum wage, when both state and federal laws apply, which law should take precedence?

1984

in what year was the FTC Funeral Rule first put into effect?

real property

land and anything attached to it.

tort

mutilation of the body is considered a _________________.

adult son

of the following, who has the primary right to control final disposition of the body?

fraud

one who induces another to enter into a contract as a result of an intentionally or recklessly false statement of a material fact is guilty of:

the beneficiary dies and the funeral services have been provided.

pre-need funds can be withdrawn from a trust:

equal pay act

this act states that employers may not discriminate on the basis of sex by paying employees of one sex at rates lower than they pay employees of the opposite sex in the same establishment, for doing equal work requiring equal skill, effort, and responsibility.

tort

this is committed if a funeral director does not comply with duties and obligations that arise by operation of law as well as those that arise out the funeral contract, and damages result.

time weighted average

what does TWA stand for?

no cooling unit at the funeral home

what is NOT a legitimate reason to charge for embalming?

embalming permit

what is NOT a permit a funeral director is required to obtain is nearly all jurisdictions?

to make sure the funeral director is reimbursed for services rendered.

what is NOT a primary purpose of the FTC Funeral Rule?

furniture

what is classified as moveable personal property?

GPL

what is considered a cornerstone of the FTC Funeral Rule?

hospital disposal

what is not considered a method of disposition of an adult human dead body?

custodian

when a funeral director has a dead human body in his care, he is properly termed a ____________________.

bailee

when a funeral director has the personal effects of a dead human body in his possession, he is properly termed a:

intestate

when a person dies without a will, he is said to die:

contact hours

which of the following is NOT an area of employment law important to funeral service?

a cemetery that sells caskets, urns, and vaults.

which of the following is NOT subject to the FTC Funeral Rule? - a cemetery that sells caskets, urns, and vaults - a storefront funeral home that sells caskets and urns via catalog and offers funeral services they farm out to other funeral homes and/or trade services - a corporate funeral home - a full-service funeral home

attorney's fees

which of the following is NOT used by the courts to determine the reasonableness of a funeral bill?

face amount escalator which increases the insurance payoff to meet inflation.

which of the following is a distinct advantage of pre-need funding through insurance rather than trusting?

mother's maiden name

which of the following is not a disclaimer on a funeral contract?

embalmers

which of the following is not considered a 'white collar' exemption under the Fair Labor Standards Act?

can the individual be unlicensed or unaccredited?

which of the following is not looked at in regard to deciding whether or not a person would be considered an independent contractor?

20

the Civil Rights Act applies to all employers having 15 or more employees, while the Age Discrimination in Employment Act is restricted to how many employees?

a husband and father are primarily liable to pay the funeral expenses of the wife and dependent children.

the common law rule regarding the liability for funeral expenses of a dependent is:

disaffirmance

the election to void a contract is called:

negligent funeral directing

the failure of the funeral director to perform the many duties involved in directing the funeral service.

probate

the filing and proving of the will following the death is called:

actual custody

the funeral director who has physical possession of a dead human body is said to have _____________________.

statute and funeral contract

the lawful rights of the funeral director undertaking a funeral are derived from two sources:

ordinances

the laws of city councils are called:

contract rate

the maximum amount of interest that may be charged.

trustee

the person who has the right to control the funeral on behalf of all survivors is known as the:

jurisdiction

the power or authority which each court has to hear cases is called its:

establish permissible exposure levels for formaldehyde in the workplace

the purpose o the Formaldehyde Exposure Standard is to:

Federal Claims Act

the right to sue the federal government is derived from the:

corpse

the term synonymous with a dead human body.