DEAD: Laws, Wills, and FTC

The two essential element of a contract are 1. it must conform to the Statute of Frauds 2. it must be under seal 3. there must be an offer 4. there must be acceptance

3 and 4

The consideration of an insurance policy is

A premium

The extinction or withdrawal of a legacy by an act equivalent to revocation is called

Ademption

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?

Estimate the Cost of the Cash Advance Item.

The method of dividing an intestate estate where a class or group of distributees take the share which their deceased should have been entitled to, and not as many individuals is distribution

Per stirpes

A funeral home's family car is considered a

Private carrier

Parol Evidence Rule

Spoken words

Criminal law is concerned with:

a wrong against the public as a whole

Usury is a term which refers to

excess interest

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:

Escrow

A newspaper advertisement can be an offer if it shows

Intent

A check that a bank draws on its own funds and is signed by a responsible bank official but may be used by anyone to pay a

A cashiers check

A document which defines the relationship of the government itself and of its citizens is

A constitution

One who receives possession of another's property for sale on commission is

A factor

A charge against another's property as security for a debt or claim is

A lien

A court of original general jurisdiction is

A trial court

A contract which is based upon acts being done in consideration for a promise is called

A unilateral contract

A permanent order, issued by a court, forbidding activities which would be detrimental to others is

An injunction

Which one of the following is not a member of an allied profession, allied to the funeral profession?

Attorney

Which of the following would be the best example of ethnicity?

Jewish

Requirements for a valid offer must include: 1 - definite time 2 - acceptance 3 - definite intent 4 - seriously intended

1, 3 & 4 only

All of the following are examples of Kohlberg's stages of moral development EXCEPT:

The moral stage

May a funeral home have a fee for obtaining DC's outside of its normal business area?

Yes

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?

Yes

an oral will stated to a witness is a

nuncupative will

the party who appoints an agent is the

principal

A contract is a legally enforceable agreement between

two or more legally competent persons

Type of endorsements include which of the following? 1 - Blank 2 - Special 3 - Qualified 4 - Restrictive

All of these

A principal owes which of the following duties to the agent?

Compensation

Goods of a homogenous nature which are sold by weight or measure are known as

Fungible goods

The failure to perform with the ability and care normally exercised by people in the profession is known as

Malpractice

Kohlberg's stage of moral development in which the individual is characterized as not understanding the rules or feeling a sense of obligation to them:

Pre-moral stage

As a rule, the right of a decent disposal belong to the

Surviving spouse

The term which means a fact that could alter one's decision to enter into a legal binding contract is

a material fact

a contract must always be

an agreement

A person receiving a gift of real estate in a will is

devisee

A breach of contractual obligation other than money is

Default

May a funeral home list a separate fee on its GPL to apply for and obtain a death certificate?

No

The substitution of a new party in a contract for the original party who is to perform the contract is called?

Novation

If a person considers universal moral principles to supercede the authority of the group, he or she is complying with which of Kohlberg's stages of moral development?

Post conventional stage

Corporations formed by individuals to perform some non-governmental function are called

Private corporations

A contract made by a person who is so intoxicated as to be unaware of the consequences is

Voidable

Which of the following are required for a valid contract? 1 - mutual agreement (offer and acceptance - meeting of the minds) 2 - contractual capability (competent parties - of legal age - not drunk, etc.) 3 - legal objective (a contract that is not for legal purpose is not valid) 4 - consideration ( monetary or other good or valuable considerations)

all of these

When a buyer takes actual possession of goods which have been offered for sale, this action is called

an acceptance

The most common method of creating an agency is by

appointment

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

common law

Property rights consisting merely of evidences of ownership of property, such as copyrights, checks, notes and stocks are

intangible personal property

Fidelity to moral principles is a definition of:

integrity

Endorsements of commercial paper include which of the following? 1. warranted endorsement 2. blank endorsement 3. qualified endorsement 4. restrictive endorsement

2, 3, & 4

An individual who brings together contracting parties is called

A broker

A formal written command issued by a court of law

A writ

Any person, partnership or corporation that performs cremation and sells funeral goods:

Crematory

Which of the following is written properly?

DISCLAIMER OF WARRANTIES THE FUNERAL HOME MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CASKETS LISTED ABOVE, ONLY WARRANTIES, EXPRESSED OR IMPLIED, GRANTED IN CONNECTION WITH CASKETS SOLD ARE THE EXPRESS WRITTEN WARRANTIES, IF ANY, EXTENDED BY THE MANUFACTURES THEREOF. FUNERAL HOME HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO THE CASKETS, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

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

Negotiable instruments

May a funeral home have a burial casket price list and a separate cremation casket and container price list?

No

May a funeral home make its own minor revisions to the wording of the mandatory disclosures required by the Funeral Rule?

No

You receive an offer in the main containing no stipulations as to the acceptance, and you decide to return your acceptance by mail. The agreement is complete when the acceptance is

placed in the mail by the offeree

Kohlberg's stage of moral development in which moral reasoning is based on reward and punishment from those in authority is the:

pre-conventional stage

In maintaining a high standard of conduct with a competitor, the funeral director would be wise to:

respect the bereaved family's choice of a funeral establishment

A contract in which two or more people individually agree to perform the same obligation is called a

several contract

Courts that have exclusive jurisdiction of bankruptcy matters, claims against the United States, and patent and copyright cases are defined as

special federal courts

Very few states require that a body be embalmed or refrigerated within a certain period following the death:

False

What would the death of a minority stockholder (a person holding only a small number of the total shares of the company) due to that company?

Nothing

May a funeral home list a separate fee on its GPL to conduct an identification prior to cremation?

Yes, depending on the state

The right to declare dividends depends upon the discretion of the

Board of directors

A carrier that transports goods or persons for a fee for all who apply for the services amd without discrimination is called a

Common carrier

None of the 16 items required by the rule to be separately itemized on the GPL can be listed as "free" or "no charge". Items not required by the rule can be listed as:

Free

Maintaining discreet client relationships would fulfill which ethical practice?

Confidentiality

An association of individuals united for a common purpose and permitted by law to use a common name and to change its members without dissolution of the association is a(n)

Corporation

When the buyer makes a selection of goods which are to be purchased from the seller, the goods are classified as

Identified goods