Legal and regulatory compliance pt 3

Several contract

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

Void

A contract in which undue influence was proven is considered voidable valid express void

Voidable

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

Entity

A corporation has a distinct existence separate and apart from the existence of its individual members which is known as a(n) proprietary entity annuity fiduciary

Trial court

A court of original general jurisdiction is an original court a supreme court an appellate court a trial court

Code of ethics

A declaration or public statement of professional standards of right and wrong conduct- subscribed to by the members of an association-defines a(n): code of conduct code of ethics philosophy ethnicity

A writ

A formal written command issued by a court of law a warranty deed a note payable a writ a will

Private carrier

A funeral home's family car is considered a public carrier common carrier freight carrier private carrier

An encumbrance

A lien or mortgage against real property is a replevin an easement an encumbrance a subrogation

An oral will

A nuncupative will is a typed will an oral will a handwritten will a collateral will

Limited partnership

A partnership in which one's partner's liability is limited to a capital contribution only is a Limited partnership Nontrading partnership Silent partnership General partnership

Limited partnership

A partnership where one of the partner's liability for loss cannot exceed the amount of that person's investment is a: limited partnership nontrading partnership silent partnership general partnership

Testator

A person who dies leaving a valid will is called a testator administrator donor intestate

non-theistic or atheistic

A philosophy that does not focus on the worship of a god or gods is considered to be: non-theistic or atheistic conventional pre-conventional polytheistic

sale means the transfer of funds and merchandise is now complete

A sale is different from a contract to sell in that ___ a sale requires a notarized invoice while a contract to sell is only implied either, but not both, are legally allowed by UCC the contract follows the sale sale means the transfer of funds and merchandise is now complete

Escrow

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: Check and Balance agreement Trust agreement Escrow Fiduciary agreement

Will

A written disposition of property, real or personal, to take effect at the death of an individual is called a lease deed will promissory note

The moral stage

All of the following are examples of Kohlberg's stages of moral development EXCEPT: the moral stage the post-conventional stage the conventional stage the pre-conventional stage

embalming should be completed as quickly as possible without regard to proper case analysis

All of the following ethical standards apply to the deceased while under the care of the funeral home or embalming service EXCEPT: there should be concern for the dignity of the deceased body embalming should be completed as quickly as possible without regard to proper case analysis thoroughness in the preparation of the body confidentiality and privacy policies should be maintained

FTC

An agency of the federal government created in 1914 promote free and fair competition by prevention of trade restraints, price fixing, false advertising and other unfair methods of competition: FTC OSHA ADA IRS

Funeral provider

Any person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public: funeral provider funeral goods funeral services funeral ceremony

Juvenile court

Courts concerned with delinquent, dependent and neglected minor children are called juvenile courts criminal courts probate courts domestic relations courts

Cemetery charges, vault

For a Direct Burial Package, there will be charges in addition to the package price. Which of these additional charges will be found on the Statement of Funeral Goods and Services Selected. local removal, cemetery charges, vault cemetery charges, vault transportation to local cemetery, grave opening charge, vault basic arrangements, vault, cemetery charges

Consignee

If I ship you an embalming machine via an airplane, you are known as shippee shipper consignee consignor

Yes - depending on the state

May a funeral home list a separate fee on its GPL to conduct an identification prior to cremation? Yes- Depending on the State! Yes No Never

Decent final disposition

Not necessarily stated but held to be true by most citizens of the United States is the right to a: vault decent final disposition funeral casket

Stock certificates

Ownership of corporate stocks is represented by a corporate charter stock certificates a bill of sale a certificate title

false testimony

Perjury is silence false testimony duress undue influence

Alternative price lists

Price list which may be prepared for use in certain limited situations such as children/infants, for government agencies to provide for indigent persons: casket price list cash advance items alternative price lists alternative container

Alternative price lists

Price lists which may be prepared for use in certain limited situation such as children/infants, for government agencies to provide for indigent persons: alternative price lists alternative container cash advance items casket price list

Casket price list

Printed or typewritten list of the casket and alternative containers normally offered for sale by the funeral provider which do not require special ordering: casket price list general price list effective price list free items

Generalized decomposition

The most positive sign of death is generalized decomposition Degeneration Lack of breath Cremation

Policy holder

The person protected by insurance against property loss or damage is the: fiduciary policy holder beneficiary underwriter

Maker of the note

The person who signs the promissory note and is obligated to pay at maturity is called the Payer of the note Maker of the note Acceptor of the note Holder of the note

Police power

The power to adopt laws for the protection of the public is civil process administrative power equity law police power

Dividends

The profits of a corporation belong to the corporation until set aside by the directors for distribution as deeds dividends patents drafts

A law

The state Attorney General of a given state requires a $10 fee for each pre-need contract written. This would be an example of: a philosophy a moral a law a value

3 and 4

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

Constructive custody

When a dead human body is in the Medical Examiner's mortuary, the family has hired the funeral home to make funeral arrangements and care for the body, the funeral home is said to have ___. Contract of custody Actual custody Present custody Constructive custody

Actual custody

When a dead human body is in the funeral home, the funeral home is said to have contract of custody actual custody present custody constructive custody

Cosmetizing

When the services include embalming, which of these charges may also legally appear on the Statement of Funeral Goods and Services Selected? topical disinfection use of embalming room cosmetizing hazardous waste disposal fee

Fraud

Which of the following has occurred if a funeral practitioner intentionally misrepresents a benefit of a pre-need funeral agreement? Fraud Crime Felony Tort

Organ donation

Which of the following is an allied profession or service that a funeral director may need to work with? Organ donation Teamsters union Postal service Internal revenue service

Participation

Which of the following is an ethical obligation that a funeral director owes to his professional association? Let other members do all the work No need to attend regular meetings Participation Non-participation

the cost for embalming needs to be discussed only if the family asks about prices

Which of these is a correct statement about requesting verbal permission to embalm if the family is present at the time the removal is being made? the cost of embalming must be stated by the funeral director before they are allowed to give permission verbal permission to embalm is never allowed, it must be written and signed the cost for embalming needs to be discussed only if the family asks about prices the cost of embalming may be lowered at that time to make the sale

Receiving remains from another funeral home package

Which of these packages is required by the FTC to be on the GPL? Receiving remains from another funeral home package Visitation and memorial package Funeral followed by cremation package Refrigeration and storage package

Concealment

The failure to volunteer or reveal information not requested is termed complaint compromise default concealment

The prices appear on the GPL

The Johnson Funeral Home regularly offers a variety of video services such as DVD Tribute, Video Recording of the funeral, audio recording of the funeral, and DVD of the committal service. Any variety and number of these items may be selected. How are these prices made known to the client family? the prices appear on the GPL the prices appear on the funeral home website only the prices are cash advance items so the cost is not known until after the funeral the prices are part of the outer burial container price list

Case law

The doctrine of stare decisis is concerned with criminals wills case law torts