Legal and Regulatory

A gift of personal property made in a will.

Bequest

Indorsements of commercial paper include which of the following?

Blank Indorsement, Qualified Indorsement and Restrictive Indorsement

Abatement

decrease, reduction

The election to void a contract is called

disaffirmance

The right a minor has to avoid a contract is termed

disaffirmance

The charge for Embalming on the GPL includes all of these except:

dressing the body

Fidelity to moral principles within a profession is a definition of:

ethics

Which of the following terms is defined as having a sense of truth, honor and fair business interactions?

ethics

Goods which are owned by the seller and are physically in existence at the time of the contract are known as

existing goods

The FTC Funeral Rule requires a minimum of ___ packages on the GPL.

four

In an auction, goods which are offered for sale that cannot be withdrawn are classified as

goods offered without reserve

Parties who acquire rights superior to those of the original owner are known as

holder in due course

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

identified goods

contract which is written so that either part may consider it as a joint obligation or a group of individual obligation is

joint and several contract

In the state court, the chief officer is

judge

Caveat Emptor means

let the buyer beware

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

lien

What is the FTC minimum requirement for listing the prices of caskets on the GPL?

list only lowest and highest usually offered caskets

How may a funeral home legally charge an extra fee for Transfer of Remains to the Funeral Home for bodies over 450 pounds?

list the excess fee on the GPL, explain why on the Statement of Funeral Goods and Services Selected

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

novation

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

pre-conventional stage

According to the FTC Funeral Rule, which of these is not a legal Alternative Price List for special groups?

specific ethnic groups

Parol evidence is

spoken words

Which of the following is a mistake that does NOT render an agreement defective?

terms of the contract

Which of these factors is correct regarding a guaranteed prefunded preneed funeral arrangement?

the funeral director may keep any excess if the funds grew faster than costs went up

court of original general jurisdiction is

trial court

A contract which is based upon only one of the parties doing anything for consideration is called:

unilateral contract

A contract made by a person who has consumed a small amount of alcohol, is not intoxicated, and aware of the consequences of his/her action is

valid

A contract in which undue influence was proven is considered

void

Mutual mistakes as to the existence of the subject matter renders a contract

void

contract made by a legally declared insane person is

void

A contract made by a person who is intoxicated enough to be uncertain of the consequences at the time the contract is made is:

voidable

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

voidable

A formal written command issued by a court of law

writ

If you have obtained verbal permission to embalm and the family subsequently chooses a service which does not require embalming, legally:

you can not automatically charge for embalming.

A person receiving a gift of real estate in a will

Devisee

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

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

Fungible goods

Is it a violation of the Americans with Disabilities Act (ADA) to charge a family more for handling obese bodies than "normal" cases? This does not include necessary charges such as special merchandise or cremation surcharge.

No

Often called a "reward contract" this type of contract promises to pay when an act is completed. There is no negotiation between parties, the execution is the acceptance.

Unilateral contract

According to the Federal Trade Commission, may a funeral home list a separate fee on its GPL to conduct an identification prior to cremation?

Yes

On its GPL, may a funeral home use the term "basic cremation" instead of "direct cremation" or the term "simple burial" instead of "immediate burial?"

Yes but not on the mandatory disclosures

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

Yes- Depending on the State!

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

ademption

Which of these FTC items includes the fee for obtaining and filing the death certificate?

basic arrangements

Which of the following is a fee that a funeral home could charge?

both Estate Claims Fee and Insurance Processing Fee

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

compensation

The failure to volunteer or reveal information not requested is termed

concealment

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

No revisions may be made