Funeral & Regulatory Compliance
A court of original general jurisdiction is
trial court
Failing to appear in a court when ordered by the court or a law enforcement officer will result __________ by the courts.
warrant
If a funeral home chooses to serve a particular ethnic group which has a tradition of holding boisterous and unruly visitation (tailgate parties in the funeral home parking lot, etc.) may that funeral home ask for a cleaning deposit in advance?
yes
In calculating the discount for a package, does the Funeral Rule prohibit a funeral home from discounting the Basic Arrangements fee?
yes
May a funeral home charge an additional fee for guaranteeing the price of a pre-need funeral?
yes
May a funeral home list a separate fee on its GPL to conduct an identification prior to cremation?
yes - depending on the state
If a funeral Home is located in a State the requires the Funeral Director to guarantee the Preneed Funeral Arrangement- it would be less risky for the FD to recommend that the family purchase and Insurance Policy. Which of the following types of Insurance Policies would be good for the purpose of being sure that the money is available to pay for the final disposition of the deceased loved one?
1- Term insurance 2- Whole life coverage 3- Universal life coverage 4- Limited-pay 5- Endowments
Which of the following terms are associated with filing suit in a civil action:
1- discovery 2- process 3- petition 4- answer
Probate Court
A court which has jurisdiction over estates
When a dead human body is in the mortuary, the funeral home is said to have
Actual custody
When a person dies with a will and he appoints a woman to settle his affairs after death, the person who settles his affairs is known as
An Executrix
Which one of the following is not a member of an allied profession, allied to the funeral profession?
Attorney
"___________________" refers to the Federal Trade Commission".
Commission
Which of the following is a desirable characteristic of an ethical funeral director?
Compassionate
____________ refers to the Federal Trade Commission.
Crematory
Which of the following is written properly?
DISCLAIMER OF WARRANTIES THE FUNERAL HOME MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CASKETS LISTED ABOVE. THE ONLY WARRANTIES, EXPRESSED OR IMPLIED, GRANTED IN CONNECTION WITH CASKETS SOLD ARE THE EXPRESS WRITTEN WARRANTIES, IF ANY, EXTENDED BY THE MANUFACTURERS THEREOF. THE FUNERAL HOME HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO THE CASKETS, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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.
Which of the following has occurred if a funeral practitioner intentionally misrepresents a benefit of a pre-need funeral agreement?
Fraud
Which of the following would not be an example of ethnicity?
Jewish
The person who signs the promissory note and is obligated to pay at maturity is called the
Maker of the note
Which of the following would be a violation of the Funeral Rule if the Funeral Director did not give full disclosure to the family?
Marks-up Cash Advance Item. Receives a rebate or discount on a Cash Advance Item. Receives a commission on Cash Advance Item.
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?
No
If a funeral home offers packages, must they be on the General Price List?
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
A funeral director submits a bill for his services for $7,500.00. The estate's administrator sends a check for $ 8,500.00. How should the funeral director handle the overpayment?
Return the overpayment immediately.
Defamation of character by spoken words or gestures is
Slander
An itemized written statement provided for retention to each person who arranges a funeral or other disposition. It must include the goods and services selected and prices paid for each, itemization of cash advance items and the total cost.
Statement of Funeral Goods and Services Selected
Laws enacted by legislative bodies are
Statutes
Which of the following are types of Packages that a funeral might offer on certain portions of the arrangements?
Visitation and Funeral Package. Automotive or Transportation Package
A contract that may be set aside by at least one of the parties is
Voidable
A document which defines the relationship of the government itself and of its citizen is
a constitution
One who receives possession of another's property for sale on comission is
a factor
A philosophy that focuses on the worship of a god or gods is called:
a theistic philosophy
The FTC order that a funeral director cannot charge the consumer for a third party casket is an example of
administrative law
An unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining:
alternative container
The most common method of creating an agency is by
appointment
To read the charge of an indictment is
arraign
A rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic or like material:
casket
Charge, fee or surcharge applied to consumers who purchase their casket elsewhere (from a source other than the price list/funeral provider:
casket handling fee
The body of laws concerned with the private or purely personal rights are
civil laws
A carrier that transports goods or persons for a fee for all who apply for the services and without discrimination is called a
common carrier
The failure to volunteer or reveal information not requested is termed
concealment
If I ship you an embalming machine via an airplane, you are known as
consignee
Laws that deal with crimes and punishments of wrongdoers
criminal laws
All of the following ethical standards apply to the deceased while under the care of the funeral home or embalming service EXCEPT:
embalming should be completed as quickly as possible without regard to proper case analysis
The power of government to take private property against the objection of the owner for a public purpose is
eminent domain
A service commemorating the deceased with the body present:
funeral ceremony
A newspaper advertisement can be an offer if it shows
intent
Which of these is necessary?
medical bill
If the body is to be embalmed, may the funeral home have a separate fee for bathing and disinfecting?
no
An oral will stated to a witness is a
nuncupative will
The FTC, Bureau of Funeral Directing, OSHA, ADA, are all examples of
police powers
The party who appoints an agent is the
principal
Damages in excess of those required to compensate the plaintiff for the wrong done are
punitive
A person receiving a gift of real estate in a will is
A devisee
All of the following would be considered part of a funeral director's individual/ personal ethics EXCEPT:
Membership in Professional organizations
A reason or desire that acts as a catalyst to spur one to a specific action is called a/n:
Motive
Which of the following is not good ethical behavior in regard to treatment of the deceased?
Necromania
College Funeral Home does 300 funerals each year. The business is split 50/50 between traditional full adult funerals with embalming, dressing, cosmetizing and casketing. The other half is cremation with a typical ID viewing in an alternative container suitable for cremation. Is it permitted under the funeral rule for College F.H. to have a burial casket price list and a separate cremation casket and container price list?
No
To cancel or annul or void a contract is to
rescind
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 establishments
A contract made by a legally declared insane person is
void
A formal written command issued by a court of law
writ
Are funeral homes permitted under the FTC Funeral Rule to package different items together at a discount as an incentive for consumers to purchase more?
yes
May a funeral home have a fee for correcting a Death Certificate (when the correction is not due to their negligence)- plus cost of new copies?
yes
May a funeral home include identification as part of its direct cremation charge?
yes
An ethical funeral director is expected to be knowledgeable and give factual representation of all of the following EXCEPT:
All of the various religions
Will
An instrument executed with required formality by a person making disposition of his/her property to take effect upon the time of their death.
A principle owes which of the following duties to the agent?
Compensation
Which of the following is a fee that a funeral home could charge?
Estate Claims Fee Insurance Processing Fee
The Johnson family owns two funeral homes. One is in the older part of the city and was started by their grandfather 60 years ago. The other is only 5 years old and is located in one of the newer suburbs. They are both incorporated under the same corporation document and all of the stock is owned by members of the same family. Must they use the same GPL with the same prices at both locations?
False
A partnership in which one's partner's liability is limited to a capital contribution only is a
Limited partnership
If a funeral home offers packages, does the Funeral Rule require the funeral home to itemize each of the components of the package on the Statement of Funeral Goods and Services Selected?
No
The Crane Funeral Home offers a variety of Funeral Programs; color, black & white, Oversized- larged print, Tri-fold, etc. These are general sold in lots of 50 or 100 and the price varies with the quality of paper and style of printing. Must the Crane boys list these programs on their GPL?
No
A proportional reduction of a legacy when the funds or assets out of which such legacy are payable are not sufficient to pay it in full is
abatement
A contract must always be
an agreement
The right to declare dividends depends upon the discretion of the
board of directors
The most positive sign of death is
decomposition
A breach of contractual obligation other than money is
default
A disposition of human remains by cremation, without formal viewing, visitation or ceremony with the body present:
direct cremation
Perjury is
false testimony under oath
Ceremony commemorating the deceased at place of final disposition:
graveside service
A holographic will is
handwritten will
Which of the following terms is defined as having a sense of honor, and fair dealings?
honesty
The method of price quotation by which each unit of service and/or merchandise is priced?
itemization
All of the following would be considered fiduciary components of pre-funded funeral arrangements EXCEPT:
maintaining the privacy and security of the arrangements
Another term for autopsy is
necropsy
Failure to exercise reasonable care toward another party is known as
negligence
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
As a rule, the right of a decent disposal belongs to the
next of kin
Does every item of service and merchandise which a funeral home offers for sale have to be listed on the GPL?
no
Is it a violation of the law for a funeral home to set a basic weight limit for a standard arrangement and charge more per pound when that limit is exceeded?
no
The laws of the city councils are called
ordinances
The power to adopt laws for the protection of the public is
police powers
Personal property which can be seen and touched is
tangible personal property
Funeral provider must give consumers who call accurate information from the price list and answer questions about offerings and process with readily available information:
telephone price disclosure
A contract which is enforceable by the courts is
valid
As an ethical funeral director, when choosing a source of caskets, the most important qualifications of the manufacturer should be
A strong policy of up-holding their warranty
Awards by the courts in damages suits may contain amounts for actual monetary damages, amounts for pain and suffering and mental anguish, plus addition amounts for punitive damages
True
