2. Law, FTC, Ethics (P2S)
Although a dead body is in one mortuary, the mortuary which has control of the final disposition is said to have Actual Custody Constructive Custody Promise of Custody Contract Custody
Constructive Custody
Civil Rights investigations are conducted by the
EEOC
The rule requiring certain contracts to be in writing is known as the Statue of Frauds Limitations Liberty Written Records
Frauds
The first civilization to enact funeral laws
Greeks
Mutual interpersonal expectations, relationships, and interpersonal conformity A. Kohlberg's Conventional Stage 3 B. Kohlberg's Pre-conventional Stage 1 C. Kohlberg's Post-conventional Stage 5 D. Kohlberg's Post-conventional stage 6
Kohlberg's Conventional Stage 3
Universal Ethical Principles A. Kohlberg's pre-conventional stage 2 B. Kohlberg's conventional stage 3 C. Kohlberg's post-conventional stage 6 D. Kohlberg's conventional stage 4
Kohlberg's post-conventional stage 6
Monster Mortuary, Inc. makes an offer to the owners of Local Funeral Homes to buy the entire company. The power to revoke the offer rests with
Monster, the offeror, only
Which of the following must be described in the GPL under the direct cremation required itemized price A. Direct cremation with a memorial service price B. The services and container provided for each price C. Direct cremation with the scattering of ashes price D. Direct cremation with embalming and visitation price
The services and container provided for each price
An embalmer wears a formaldehyde detection badge for 15 minutes during an embalming. The results of the test indicate formaldehyde levels at 0.76 ppm. Which one off the following statements would be true concerning these test results A. The test passed as the Action Level was reached B. The test failed as the Action Level was not reached C. The test failed as the Permissible Exposure Limit was reached D. The test passed as the Permissible Exposure Limit was not reached
The test passed as the Permissible Exposure Limit was not reached
Which of the following is NOT true regarding the use of facilities and staff for viewing itemized item? A. You must charge a flat fee for this item B. Your price for viewing should include charges for both services of staff and the facilities used C. You should not list two separate charges relating to a viewing D. If you provide staff services for viewing held at another facility, you should list a separate fee for such services
You must charge a flat fee for this item
Bill dies without a will and is survived by his wife and daughter. Bill left an estate of $80,000. Under the Uniform Probate Code, how much of the estate would go to the daughter
$15,000
White-collar employees must be paid a minimum of how much per week
$455
Civil rights violation investigations will determine whether there is a cause or no cause for action within what time frame 30 Days 90 Days 120 Days 180 Days
120 Days
The FTC Funeral Rule as enacted in what year A. 1964 B. 1974 C. 1984 D. 1994
1984
OSHA requires funeral homes to display this poster, which details workplace safety, in employees areas
2203
The age discrimination in employment act only prohibits discrimination against individuals over the age of
40
Employers are required to keep records of any civil rights actions for how long 4 Months 7 Months 6 Months 1 Month
6 months
To find criminal liability, most crimes require A specified state of mind or intent only The performance of a prohibited act only A specified state of mind and the performance of a prohibited act
A specified state of mind and the performance of a prohibited act
For forwarding of remains and receiving remains, the GPL should A. List one price for each of these items and describe all services you will provide for the quoted price B. Describe all services you will provide and itemize a price for each service C. You have the option to itemize each service or provide a single price for all services rendered D. The prices or these items do not need to include all charges related to each service provided, for example you do not need to include third party items in the quoted price
A. List one price for each of these items and describe all services you will provide for the quoted price
Peak professionals orders goods from Quick Stock Company. Peak plans to market the goods to consumers generally. Quick identifies the goods. Before they are shipped to Peak, an insurance interest in the goods exists in A. Peak and Quick, but not consumers generally B. Pea, Quick, and consumers generally C. Peak Only D. Quick Only
A. Peak and Quick, but not consumers generally
If you do not list the retail price of each casket on your general price list, you must prepare a separate printed or typewritten casket price list (CPL). The CPL must contain all of the following EXCEPT A. The name of your business B. The caption: "Casket Price List" C. The address of your business D. The effective date for the Casket Price List
Address of business
Under his uncles will, Bob was to receive his uncles car. Bob's uncle had never completely paid off the car, so Bob could not receive it under the will. This is an example of Abatement Ademption Escheat Excommunication
Ademption Abatement = Estate didn't have enough to cover expenses
Operators of Funeral Homes are Subject to Regulation by A. Federal Government B. State Government C. Local Government D. Both a & b E. Both a & c F. Both b & c G. All of the above
All
George is going on Medicaid. He has a revocable guaranteed trust that contains $3,000 for a casket, $5,000 for services and $2,000 for a mausoleum crypt. How much of this pre-need trust would be considered an asset by Medicaid? A. None, revocable guaranteed trusts are not considered assets B. $2,000 C. All of it would be considered an asset if it is revocable D. $4,000
All of it would be considered an asset if it is revocable
On a funeral contract, the funeral director must include mandatory FTC disclosures if the contract is
Also a statement of Goods and Services
Executor Administrator
An Executor is nominated within the Will of a deceased person. If there is no Will, an Administrator is appointed by a Court to manage or administer a decedent's estate.
Legislative act governing the donation of part or all of a decedent's body for the purpose of medical research
Anatomical Gift Act
Which of the following is not one of the four itemized prices considered minimal services? A. Basic services of funeral director and staff, and overhead B. Forwarding of remains to another funeral home C. Receiving of remains from another funeral home D. Direct Cremation
Basic services of funeral director and staff, and overhead FOUR items 1-4
Consideration in a contract could be: I. Personal property II. Money III. A promise of service IV. Misrepresentation A. II only B. I and IV only C. I, II, and III only D. I, II, III, and IV
C. I, II, and III only
Which of the following is NOT one of the special groups you are allowed to have an alternative price list Civic Organizations Children and Infants Government Agencies Religious Groups and Memorial Societies
Civic organizations
Clean Cremation Corporation operates a crematorium that accepts remains by Best Carrier Company from Central Mortuary, Inc. A release of the waste is discovered at the site, and the Environmental Protection Agency (EPA) cleans it up. The EPA can recover the cost of the cleanup from
Clean, Central Mortuary, or Best Carrier
Compensatory damages are normally assessed to A. Compensate a non breaching party for the loss of a bargain B. Establish, in the absence of a loss, that a party acted wrongfully C. Pay for harm caused by special circumstances beyond a contract D. Penalize a breaching party
Compensate a non breaching party for the loss of a bargain
In most jurisdictions, which one of the following would have paramount lability for paying funeral expenses
Decedents Estate
According to the OSHA formaldehyde rules, which one of the following conditions would necessitate retesting of formaldehyde levels Different embalming chemicals are used STEL levels at 0.75ppm
Different embalming chemicals are used
The FTC funeral rule states that, concerning cash advance items, funeral homes Can list the Cash Advance Items as one charge Cannot mark up Cash Advance Items Do not have to tell people how much they marked up Cash Advance Items Do not have to tell people they Marked up a Cash Advance Item
Do not have to tell people how much they mark up cash advanced items
Which of the following would NOT be considered a service to be included under the itemized item: Other preparation of the body A. Cosmetic Work B. Washing the body C. Disinfecting the Body D. Embalming
Embalming
Which one of the following statements about the fair labor standards act variable work week agreement would be true
Employee receives a base weekly salary, regardless of the hours worked
The manager of one of your branch funeral chapels would be considered which type of white-collar employee Administrator Commissioned Salesman Executive Employee Professional
Executive Employee
OSHAs blood-borne pathogen standard requires employers to describe all jobs and tasks that may cause employees to come into contact with blood or contaminated objects. This procedure is called Risk Evaluation Exposure Determination
Exposure determination
Under common law, who has paramount liability to pay for children's funeral expense? A. Fathers B. Grandparents C. Mothers D. The state
Fathers
Which of the following is NOT one of the reasons you can charge for embalming Federal law requires embalming State or local law requires embalming You have obtained prior approval for embalming from a family member or other authorized person You have no reason to believe that the family does not want embalming perormed
Federal law requires embalming
Which of the following is not one of the 16 goods and services that must be separately itemized on the general price list
Flower Car
The landmark case of Pettigrew v Pettigrew legally defined the
General rule of priority
A document which grants another the power to make medical decisions is a A. Power of Attorney B. Health Care Directive C. Letter of Transit D. Will
Health Care Directive
Friendly funeral home must use reasonable care on its premises to warn patrons of All Risks Hidden Risks Obvious Risks No Risks
Hidden Risks
A person who owns or controls the property where a death has occurred A. Agent B. Householder C. Next of Kin D. Paramount Avenger
Householder
Type of warranty that indicates merchantability of merchandise for sale Expressed General Implied Limited
Implied
With respect to the GPL, the price of the actual cremation of the deceased A. May or may not be included in your price for direct cremation B. If you use a crematory that someone else owns you must include the price of the cremation in your price for direct cremation C. The price of the actual cremation is always considered to be a cash advance item D. Direct cremation is not a required itemized price on the GPL
May or may not be included in your price for direct cremation
Which of the following is NOT one of the six disclosures required on your general price list A. Memorial service fee B. Embalming C. Basic services fee D. The consumer's right to select only the goods and services desired
Memorial service fee
The OSHA standard concerned with providing information on and averting parenteral injuries Bloodborne Pathogen Standard Formaldehyde Rule Hazardous Communications Standard Needlestick Safety and Prevention Act
Needle-Stick safety and prevention act "administered or occurring elsewhere in the body than the mouth and alimentary canal."
The health insurance portability and accountability act has which impact on funeral homes
No specific HIPPA regulations apply to funeral homes
Your funeral home regularly utilizes the services of a trade embalmer. The trade embalmer embalms the bodies in their own facility, uses their own equipment, and preforms embalming for other local funeral homes. Is your funeral home required to pay the trade embalmer an hourly wage
No they would be considered an independent contractor
At a removal, it is brought to your attention that the decedent has AIDS. Can you charge extra for the embalming of the decedent's body
No, ADA protects disabled peoples families
Which one of the following would be an exception to the FTC funeral rules prohibition against tying arrangements Automotive Fees Cash Advances Non-Declinable Basic Service fee Restoration Fees
Non-declinable basic service fee
Kay contracts to sell her casket business to Larry. Larry builds an addition to his funeral home in which to display the caskets. Kay's later attempt to cancel the contract is
Not effective because Larry has detrimentally relied on Kay's offer
Joy and Karl contract for the sale of Joy's prize-winning show dog for $1,000. Unknown to either party, the dog has died. Karl is
Not required to pay due to the mutual mistake
Landowner's use of property which interferes with another use of their own property
Nuisance
The overall management of a corporation is the responsibility of its Shareholders Officers Partners Board of Directors
Officers
John dies without a will. After administration of his estate, each of his 4 surviving children receive $1,000, while the 2 children of his dead son Bob receive $500 each. The distribution to John's children is an example of what type of intestate succession A. Abatement B. Attachment C. per Capita D. Per Stirpes
Per Stirpes
OSHA requires funeral homes to post which one of the following in areas where employee notices are normally posted
Poster 2203
The public accommodations aspect of the ADA has been less strict standards for buildings built After 1984 Prior to 1984 Prior to 1993 After 1993
Prior to 1993
A corporation owned by stockholders from the general public who are not part of a certain profession
Private Corporation
Under the Fair Labor Standards Act, which of the following may be denied overtime when working more than 40 hours per week A. Professionals B. Clerical Staff C. Administrators D. Both a & b E. Both a & C F. Both b & c G. None of the above
Professionals Administrators
The Americans with Disabilities act describes businesses providing goods and services to the public as Independent Venues Professional Businesses Public Accommodations Service Industries
Public Accommodations
Pre-need trusts that allow for the trust to pay the income tax on the interest Open Trust Qualified Trust Solvent Trust Taxation Trust
Qualified Trust
Jim dies and has no family. His estate would have primary liability to pay for his funeral based on the concept of which type of contract Express Implied Quasi Testamentary
Quasi "an obligation of one party to another imposed by law independently of an agreement between the parties."
The public accommodations aspects of the ADA states that barrier removal need not put undue strain on the finances and practices of the business. The ADA describes this as A. Readily achievable B. Mandatorily accessible C. Virtually Impossible D. Exorbitantly Expensive
Readily achievable
The FTC Funeral Rule requires that the GPL contain all of the following EXCEPT the: A. Casket Price Range B. Reason for embalming C. Charge for the hearse D. Charge for forwarding remains
Reason for embalming
Chamber specifically designed for the cremation of a dead human body A. Exhort B. Incinerator C. Processor D. Retort
Retort
The right of disposition that gives person with paramount right of disposition the power to bar others from attending the service Right to Burial Right to Choose Disposition Right to Control the Funeral Right of Custody
Right to Control Funeral
The legal requirements disclosure on the statement of funeral goods and services selected indicates you will explain, in writing, all of the following EXCEPT Legal requirements Service requirements Cemetery requirements Crematory requirements
Services requirements
A man dies, leaving behind his ex-wife, an adult son from a pervious marriage, a brother and both parents. Under the General Rule of Priority, who has the Paramount Right of Disposition
Son
The OSHA Hazard Communication Standard states that employers are required to keep documentation on which of the following Exposure to OPIM Formaldehyde Levels Orders of New Chemicals Spills of Hazardous Chemicals
Spills of hazardous chemicals
Jon is going on safari in Africa. He sets up a power of attorney that gives his daughter the power to handle all of his affairs, but only in the event that he does no return from the trip within a month. What type of power of attorney did Jon set up?
Springing General
The main source for funeral service regulation A. City Council B. Federal Government C. State Legislature D. Vatican Law
State legislature
Which one of the following classes of employee would be exempt from the minimum wage provisions of the FLSA
Student Workers
Best Practice Crematorium agrees to hire Melanie for one year at a salary of $500 per week. When Best Practice cancels the contract, Melanie spends $100 to obtain a similar job that pays $450 per week for a year. Melanie is entitled to recover A. The amount of wages promised by Best Practice B. The difference between the wages of the two jobs C. $100 D. No money E. A & C F. B &C
The difference between the wages of the two jobs $100
Funeral homes may be held liable for their aftercare programs if those programs are held out to be
Therapy
Which of the following is NOT true regarding the use of facilities and staff for a memorial service? A. The charge should include both the use of facilities and the staff services B. You should not list two separate charges relating to a memorial service, one for the sue of facilities and another for the staff services C. If you provide staff services for a memorial service at another facility, such as a church, you should list a separate fee for such services D. This is a charge for a commemorative service with the body present
This is a charge for a commemorative service with the body present
Which of the following is NOT one of the six areas that the funeral rule specifically prohibits misrepresentation Embalming Transportation Casket for direct cremation Preservative and protective Value Claims
Transportation
Which of the following is NOT one of the six disclosures required on your general price list A. The outer burial container price list B. Alternative containers for direct cremation C. Embalming D. Transportation service fee
Transportation service fee
A funeral home requires the purchase of one of their caskets before they will provide services. This type of requirement is called
Tying agreement
The rules of business transactions are contained in the Uniform Business Code Uniform Probate Code Uniform Commercial Code Uniform Traffic Code
Uniform Commercial Code
United Funeral Service employs Vic as a driver. While driving a United hearse within the scope of employment, Vic negligently causes an accident which Wendy is injured. Wendy can recover from United Only United or Vic Vic Only Wendy's Insurance Company Only
United or Vic
Which one of the following is NOT one of the FTC 16 mandatory goods and services Limousine Services and Facilities for Funeral Ceremony Transfer of Remains to Funeral Home Urn Price Range
Urn Price Range
Which of the following is NOT one of the required itemized prices on the GPL Use of facilities and staff for reception Transfer of remains to funeral home Use of facilities and staff for viewing Use of facilities and staff for funeral ceremony
Use of facilities and staff for a reception
Permit that allows a proposed building to be built in a zone that would not normally permit that type of structure Grandfather Clause Non-Compete Clause Non-Conforming Clause Non-Conforming use license Variance
Variance
At a graveside service, you line the pallbearers up to move the casket. Without instruction, the pallbearers move the casket to the grave. When putting the casket down, one of the pallbearers falls into the grave, injuring themselves. Can the funeral home be held liable for the injury?
Yes, no instruction was given to the pallbearers
At a funeral, your limo breaks down. You ask the pastor if he would drive the family to the cemetery in his own car, making sure to describe the route to the cemetery and instructing him to follow the coach. Along the way, the pastor runs into an abutment, injuring the passengers. Could the funeral home be held liable for the pastors accident?
Yes, the pastor was an agent driver
Which of the following is NOT true regarding the use of facilities and staff for a funeral ceremony A. You must list two separate charges relating to a funeral ceremony, such as one for the facilities and another for the staff B. The charge for a funeral ceremony, is referring to a commemorative service with the body present C. The charge for a funeral ceremony at the funeral home should include both the use of facilities and the necessary staff services D. If you provide staff services for a funeral ceremony at another facility, such as a church, you should list a separate fee for such services
You must list two separate charges relating to a funeral ceremony, such as one for the facilities and another for the staff
The cash advance items disclosure on the statement of funeral goods and services selected says if you charge for purchasing a cash advance item, or if you receive and retain a rebate, commission, or trade or volume discount for a cash item A. The is your privilege as a funeral home operator B. You must make the following statement: "We charge you for our services in obtaining: (specify cash advance item). C. You must make the following statement: We charge you for our services in obtaining cash advances, but you do not need to specify the item D. You must make the following statement: We charge you for our services in obtaining cash advances; this statement may be located anywhere on the statement as long as it is present
You must make the following statement: We charge you for your services in obtaining (specify cash advance items).
Which of the following is NOT true regarding use of equipment and staff for graveside service? A) The separate charge for a graveside service is intended for those situations where there is no funeral ceremony at the funeral home or elsewhere B) Your charge for this service does not need to include both staff services and any equipment you may provide (such as tent and chairs) C) If your charge for a funeral ceremony normally includes a committal service at the grave following the funeral, you can continue this practice, or you may offer a separate charge for a committal service following a funeral ceremony D) You should not list two separate charges relating to a graveside service, one for equipment and another for staff services
Your charge for this service does not need to include both staff services and any equipment you may provide (such as tent and chairs)
Municipal ordinances dictating types of building usage within particular geographic areas of municipality Building Codes Easement Ordinances Usage Laws Zoning Regulations
Zoning regulations
Universal ethical principles Kohlberg's pre-conventional stage 2 Kohlberg's conventional stage 3 Kohlberg's post-conventional stage 6 Kohlberg's conventional stage 4
Kohlberg's post-conventional stage 6
Generally refer to man-made rules and regulations that govern society and are concerned with conduct A. Laws B. Ethics C. Expectatiions D. Code of Ethics
Laws
Billy receives a painting and some jewelry from his mothers estate. Billy would be which type of heir? Devisee Beneficiary Legatee Testator
Legatee Beneficiary- a person entitled to any part or all of an estate. Legatee- a person designated by a will to receive a transfer of personal property. Devisee- a person designated by a will to receive a transfer of real property.
A funeral home would have how many days to return any payments if a valid cancellation of a door-to-door sale was received A. 5 business days B. 10 business days C. 15 business days D. 20 business days
10 business days
If the 8-hour TWA is________, the employer has exceeded the action level and is required to take certain remedial steps .5ppm 2ppm .75ppm 1ppm
.5ppm ACTION LEVEL
Which of the following types of pre-need vehicles is NOT considered an asset by Medicaid/SSI Guaranteed Irrevocable Non-Guaranteed Revocable
Irrevocable
Which one of the following is not part of a variable workweek agreement? A.it is easy to administer and determine the employee's regular hourly rate B. It must be in writing and signed by the employee C. It guarantees the employee a base weekly salary regardless of hours he/she worked D. The employer is permitted to pay halftime for overtime
It is easy to administer and determine the employee's regular hourly rate
