Ethic and Law Exam
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.
1 year
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)
1, 2, 3, and 4
Under which conditions must an individual be provided with medical surveillance with respect to formaldehyde? 1) When arterial fluid splashes or sprays in the person's eye(s) 2) When an individual develops dyspnea as a result of exposure. 3) When an individual is exposed above the STEL in concentration and time. 4) When an individual is exposed above the action level and below the PEL.
1, 2, and 3
Which of the following apply to disinterment in the public interest? 1.) Disinter to move remains from one grave to another in the same cemetery 2.) To affirm or disaffirm and alleged cause of death in connection with an insurance policy. 3.) Gathering evidence for a criminal trial. 4.) disinterment and re-interment in another cemetery
1,2, and 3
Funeral homes which employ _ or more employees must comply with civil rights laws.
15
What is the minimum number of exit routes out of a building that is required by OSHA?
2
Which of the following is FALSE regarding OSHA recording requirements? 1) If your business changes ownership, you must transfer the records to the new owner. 2) If your business changes ownership, you are still responsible for recording at the establishments. 3) All employees must be given access to the OSHA 300 and 300 A logs. 4) Employees must be given access to their own medical records and 301 incident report. 5) The OSHA illness and injury reporting forms must be retained for 5 years following the end of the calendar year that these records cover.
2
The Short- Term Exposure Limit (STEL) for formaldehyde is:
2.0ppm
The placing of remains in a crypt in a mausoleum is:
Entombment
Which of the following items would not be considered when determining the reasonableness of a funeral bill?
Ethnicity of the deceased
Which mandatory disclosure is written correctly?
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.
What is the keystone of the FTC Funeral Rule?
GPL
A judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age or legal disability is a(n):
Guardian
One who inherits, or is entitled to receive property by will or laws intestacy:
Heir
A will written entirely by the testator with his own hand is a(n):
Holographic will
Which of the following terms is defined as having a sense of honor, and fair dealings?
Honesty
This type of warranty indicates merchantability of merchandise for sale:
Implied
Holding a decedent awaiting payment from the next-of-kin is legally defined as?
Interfering with one's right to bury
Which of the following applies to the mutilation of the body? 1.) the right of possession of the body required that the body be in the same condition as when received by the funeral home 2.) embalming without permission is not considered mutilation therefore no tort has been committed 3.) when the funeral home gets permission for embalming it is not considered mutilation which since it is sanctioned as being legal 4.) the funeral home would have no tort liability if an autopsy is ordered by the medical examiner would not
3 and 4
Which of the following is not subject to liens or replevin?
A corpse
Which of the following items could not be conveyed by a nuncupative will?
A divise
The consideration of an insurance policy is:
A premium
When a person dies with a will and she appoints a man to handle her final affairs, this person is known as:
An executor
In a bailor-bailee relationship, the _ receives possession of bailed goods.
Bailee
What is an agreement whereby one gives up possession but not title to personal property is called?
Bailment
A family who delivers the pictures to a funeral provider for the purpose of creating a video tribute is correctly termed the _ in a bailment agreement.
Bailor
Mrs. Thompson's daughter gave the funeral director a broach. Mrs. Thompson's daughter is the:
Bailor
Quasi property means:
Belongs to the land and not a person
If the beneficiary of a pre-need contract has to spend down funds for Medicaid, which type of pre-need contract must be established.
Irrevocable
According to the law of intestate succession, when a spouse dies how is all real and personal property disposed of?
It becomes property of the remaining spouse
One who inherits personal property under a will is a:
Legatee
What is one who receives personal property by will is referred to as?
Legatee
An act showing inherent baseness or vileness of principle or action is:
Moral turpitude
Embalming and Restorative Procedures are in fact __ therefore they require consent from the person executing the right to disposition.
Mutilation
Failure to exercise ordinary care is:
Negligence
In tort law, the failure to exercise care and make prudent decisions is known as:
Negligence
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?
No
If a funeral home uses a computer software program to list the outer burial containers which it sells, does it still need to have a printed Outer Burial Container Price List?
No
If the family brings an insurance policy to the funeral home the funeral director should assume the policy is always is guaranteed payment.
No
Mr. Smith authorized anatomical donation the day before his death. The family refused to have any organ or tissue donation. Does the family have the legal right to prevent any donation?
No
The Johnson Funeral Home offers video services: DVD Tribute, Video Recording of the funeral, audio recording of the funeral, and CD of the funeral service. Must these special services be listed on the GPL?
No
The FTC mandated "72 hour cooling off period" applies to which of the following scenarios?
Pre-need funeral arrangements made in the residence only
With regard to estates, the funeral bill _.
Receives primary status
The procedure whereby a professional licensed in one state is granted the ability by another state to apply of licensure as long as the requirements are equal or greater in both states. Typically requires a additional exam/assessment before licensure is granted.
Reciprocity
If the next of kin has to take action to recover a dead body from a funeral home, this is known as:
Replevin
An agreement which may be terminated by the purchaser at any time prior to the death of the beneficiary with a refund of the monies paid on the contract as prescribed by state law.
Revocable pre-need
For what purpose is the next of kin given quasi-property rights in a dead body?
Right of disposition
Legal limits established by OSHA to which workers can be continuously exposed for a short period of time without damage or injury:
Short term exposure limit
All contracts other than formal contracts are informal and called:
Simple
The condition in which the assets in the estate exceed the liabilities is:
Solvent estate
Which of the following has the right to control the funeral?
Spose Guardian Personal Representative
A process may be referred to as a:
Summons
A man who has a valid will is described as a?
Testator
Recordable employees do not include which of the following:
The business owner or partner if your business is organized as a sole proprietorship or partnership
Holographic will allow for the disposition of:
Both Real and personal property
Which of the following is considered a preferred claim in estate settling?
Child Support
Which of the following would be classified as a preferred claim against an estate.
Child Support, Funeral Bills, Wages to employees
The maker of a will re-marries years after the will is drafted. Which of the following items will allow him to add the new spouse without destroying making a new will?
Codicil
What is the correct term for a entity which conveys people and/or goods that cannot refuse any person/entity who has the prescribed fair and who meets the guidelines set forth by the entity?
Common Carrier
Damages in excess of those required to compensate the plaintiff for the wrong done are:
Compensatory
Which of the following could be on the casket price list to relieve the funeral director of any warranties expressed or implied? Disclaimer Devisee Disclosure
Disclaimer
To remove a previously interred deceased from a grave or crypt is called:
Disinterment
Which one is not considered a disability according to the ADA?
Drug abuse of an illegal substance
What type of power-of-attorney remains effective until the issuing party becomes incapacitated:
Durable
The inherent power of a government to take private property for public use is:
Eminent domain
Which of the following best describes reciprocity or a reciprocal agreement?
The relationship existing between two states whereby each extends some privileges 45 of licensure to licensees of the other state.
A life insurance policy in which premium payments continue until death occurs is classified as:
Whole life
An offense that can either be a felony or a misdemeanor is called a:
Wobbler
Mrs. Jones has requested that funeral home ABC take over the arrangements for her husband from another funeral home because of unprofessionalism. When funeral home ABC arrives to pick up Mr. Jones, the funeral home refuses to allow the removal until he gets paid. Which of the following best describes this situation?
Wrongful withholding
If a funeral home does not know the cost of a cash advance, may it leave the item blank on the Statement of Funeral Goods and Services Selected until the exact price is known?
Yes
The agency who accredits schools of mortuary science is abbreviated as:
ABFSE
A proportional reduction of a legacy under a will when assets out of which such 4 legacy are payable are not sufficient to pay it in full is termed?
Abatement
When a funeral home is in possession of a dead human body, the funeral home has _ custody.
Actual
The extinction or withdrawal of an inheritance because decedent did not own the named property at the time of death.
Ademption
A woman who has been appointed by the court to settle an estate is:
Administraix
As Escheat estate is one where:
All assets are turned over to the state
Which of the following statements are true in regards to funeral homes being a nuisance? Courts typically will not consider a funeral home a nuisance in residential areas that have commercial property near In some residential ares, the courts have ruled a funeral home is a nuisance A nuisance is an unreasonable, unusual, or unnatural use of one's property so that is disturbs the peaceful, quiet and undisturbed use and enjoyment of nearby property
All of the above
Which of the following are sources of mortuary law? Common Law State Law Federal Law
All of them
Which of the following agencies would regulate the width of the doors in a funeral home?
American with Disabilities Act
A contract whose terms have been fully carried out is:
Executed
A misdemeanor is a more serious crime punishable by death or imprisonment.
False
In law, a relationship of trust is expressed by the term:
Fiduciary
Upon completing pre-arrangements, the funeral director deposits the funds in a local bank. The bank is known as the:
Fiduciary
Broken glass that has been contaminated with blood should be picked up by:
Forceps or other mechanical devices
Under the Uniform Anatomical Gift Act:
No relative can change the method of disposition
Acts, occupations, or structures which are nuisances at all times and under all circumstances are:
Nuisance per se
Which of the following statements is true regarding Personal Protective Equipment (PPE) and hazardous substances?
PPE can help to minimize direct exposure to hazardous chemicals You should wear any and all protective equipment that is recommend for you job It is your employer's responsibility to provide you PPE
The method of proportionately dividing an estate between beneficiaries according to their deceased ancestor's share.
Per Stirpes
According to the law of intestate succession, what is the term applied when an heir is deceased and the portion of his/her share of an inheritance is equally divided among the deceased heirs offspring?
Per Stripes
The person protected by insurance against property loss or damage is the:
Policy holder
Lacy Funeral Home placed the remains of John Smith into their body cooler. The employee neglected to turn the cooler on and subsequently Mr. Smith decomposed. The family was unable to have an open casket funeral. What is Lacy Funeral Home is likely guilty of?
Tort
What is a violation of one's civil rights is called?
Tort
Under ADA, a funeral home may refuse services such as embalming a Creutzfeld-Jakob disease case due to the funeral home not being equipped to handle such cases.
True
Exist when a seller requires the purchase of unwanted items/services in order to obtain the desired item/service.
Tying arrangements
A claim which is not supported by a pledge, mortgage, or lien on other assets is a(n):
Unsecured claim
Which of the following would not be considered employee wages?
Vacation pay
Beliefs that are held in high esteem and become the rule and guide for your life are:
Values
A contract made by a person who is so intoxicated as to be unaware of the consequences is:
Voidable
Those drivers that are not under the control of the funeral director are:
Volunteer drivers
