Funeral Service Law & Ethics Compend

(T/F) It is ethical funeral director to advise the family to select a specific casket

F

contract must always be an

agreement

to read the charge of an indictment is

arraign

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

lien

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

material

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

unilateral

funeral director who has physical possession is said to have

actual custody

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

ademption

orders and decrees from governmental agencies which have the force of law is considered ______ law

administrative

means related, as in related professions

allied

a foreign corporation is on ethat is chartered in

another state

the one who makes an assignment

assignor

beating him

battery

mutual exchange of promises is a _______ contract

bilateral

a document of title which sets forth the contract between the shipper and carrier is the

bill of lading

a dead human body used for anatomical study is a

cadaver

factors del credere are

commission merchants

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

common law

major source of mortuary law is

common law

the damages awarded an injured party in a contract in which the injured party is entitled to compensation for the exact amount of the loss are called

compensatory damages

whatever the promisor demands and receives as the price for his promise is called

consideration

a document which defines the relationship of the governement itself and of its citizens is

constitution

although a body may be at one place, the mortuary with control of final disposition has _______ custody

constructive

stage of moral development in which the expectations of the social group are supported and maintained is known as

conventional stage

when dealing with media, director should be ______

discrete

the right that one person has to use the property of another for a special purpose is known as an

easement

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

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

acceptance

when the drawee of a bill of exchange indicates his willingness to assume responsibility for its payment, he is called

acceptor

when a dead human body is in the mortuary, the funeral home is said to have

actual custody

state boards of funeral services

administrative law

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

administrator

the person appointed by the court to oversee an estate

administrator

law of the seas

admiralty law

a contract between a principal and an agent creates a relationship called

agency

laws designed to prevent one individual or group from controlling too large a share of the market for a product are called

antitrust laws

reasonable care, under the circumstances, is a required standard in ordinary bailments by the

bailee

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

bailee

in a bailment, the person who retains title but gives up possession of the goods is the

bailor

next of kin who delivers personal effect to the funeral director is a

bailor

an association of individuals united for a common purpose and permitted by law to use a common name and to change its members without disslution of the association is a

corporation

an offer is rejected by a

counteroffer

Without a will property distributed according to law and administrator will be appointed by the

court

private and governmental agencies are examples of

allied services

quasi-property means

almost property

if remains received from another firm are below standard, the funeral director should

attempt to make remains presentable

an agent that has been appointed by a sealed written authorization which states that the agent is to act in the principal's behalf is an ______ ____ ______

attorney in fact

if the payee of commercial paper is indicated as "myself" "cash" "payroll" or some similar name, the term is equivalent to

bearer

person who receives the proceeds from an insurance policy is called the

beneficiary

receives proceeds from a policy

beneficiary

violation of an agreement or obligation

breach of contract

a desirable characteristic of an ethical funeral director

compassionate

maximum amout of interest that may be charged is called

contract rate

ethical funeral director should

always provide profesional service

indorsements of commercial paper include (three)

blank, qualified, restrictive

the right to declare dividends depends upon the discretion of the

board of directors

failure to volunteer or reveal information not requested is termed

concealment

a gift of personal property received through a will is a

bequest

a principal owes ___ to an agent

compensation

a term for blood kin or blood relation

consanguinity

rate charged when parties are silent as to the interest rate

contract rate

example of ethical behavior toward deceased

cleanliness

sale in which the buyer, has a right to possession before payment in full is made

conditional sale

maintaining discreet client relationships would fulfill what ethical practice

confidential responsibility

term synonymous to a dead body is

corpse

advice given to someone else to help with a problem

counseling

a sealed written contract usually issued by a corporation, a municipality, or a government which contains a promise to pay a sum certain in money at a fixed or determinable future times is a

bond

the violation of the terms of a contract is referred to as

breach of contract

an individual who brings together contracting parties is called a

broker

what is good and moral in business transactions is the definition of

business ethics

concerns primarily those rules of conduct prescribed by government for performance of business transaction

business law

law which is concerned primarily with those rules of conduct involving financial transactions between indificuals or legal entities is

business law

a draft drawn on a bank and payable on demand

check

in regards to the no-property theory, the dead body was under the control of the

church

behavior or character of an individual viewed as a member of society

citizenship

declaration of professional standards of right and wrong conduct

code of ethics

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

common carrier

3 example of allied service to the funeral profession

clergy, florist, sexton

the recorder in state and federal courts is the

clerk

system or code of morals of a particular philosopher, religion, group, or professionals

code of ethics

an addition or modification of a will is known as a

codicil

funeral director's relationship with competitors should include

cooperation

ethical obligation that a funeral director owes to his professional association

continuing education

components or ethical employer/employee relationship (three)

continuing education, training, personal appearance

agreement between two or more parties that is enforceable at law

contract

church made law

canon law

doctrine of stare decisis is concerned with _____ law

case

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 debt is called a

cashier's check

unwritten law

common law

a contract in which the duties and obligations assumed by the parties are not verbalized but indicated by their actions is known as an ______ contract

implied

the party appointed by another to act in his/her name in forming contracts with third parties is the

agent

the party appointed by the principal to act in his name in contracting with a third party

agent

in a cortege, drivers who are under the control of the funeral director are called

agent drivers

laws that are designed to protect or prevent any individual from controlling a large share of a market or products are

anti-trust laws

federal court of appeals is ______ court

appellate

the most common method of creating an agency is by

appointment

threatening to beat him

assault

the one to whom the right of assignement is transferred

assignee

the means whereby one party conveys his rights in a contract to antoher who is not a party to the original contract is called

assignment