MRTS 2335 Final Review
The 8-hour Time Weighted Average (TWA) permissible level is _____ .
.75 ppm
Generally, if a funeral home employs more than ________ employees for each working day in 20 or more weeks the previous year, they must be compliant with employment-related provisions of the ADA.
15
The permissible 15 minute Short Term Exposure Level (STEL) is _______ .
2ppm
Scattering cremated remains at sea, require the scattering to take place ___________ from shore.
3 nautical miles
The Statute of Frauds includes which of the following provisions?
All contracts for the sale of goods costing $500 or more must be in writing.
The ________ is responsible for making policy decisions concerning the operation of a corporation.
Board of Directors
Please select which of the follow is NOT part of the four basic requirements to the Hazard Communication Standard.
Community Hazard Program
The power of state law has historically included governing the following kinds of issues and claims:
Contracts Torts Property corporations & Partnerships Securities Law Domestic matters Contracts Torts Property Corporations & Partnerships Securities Law Domestic matters
What type of case requires "beyond reasonable doubt" to prove the defendant guilty?
Criminal
Which of the following is NOT true about the federal Social Security system?
Current contributions are set aside to fund that worker's eventual retirement.
Federally, funeral homes have to comply with
FTC EPA OSHA ADA
Minimum wage, overtime compensation and equal pay are all regulated by the
Fair Labor Standards Act (FLSA)
Grounds for revoking individual and funeral home licenses include all of the following EXCEPT:
Following all laws and regulations.
Per the FTC, what must be given to the family prior to discussing ANY services information?
GPL
Some version of Article 2 has been adopted in every state EXCEPT ________.
Louisiana
Who conducts workplace inspections for OSHA?
OSHA compliance officers
The method of dividing an intestate estate, where all living members receive equal shares (within a specific group of relatives or friends).
Per capita
Explain the quasi-property theory.
The quasi-property theory involves rights associated with the body are as if it were property for the purpose of disposition only. The survivor is given a "bundle of rights" associated with a dead human body including the rights to donation, disposition, and removal from the state.
Provisions of a good cremation consent form include all of these EXCEPT:
Why cremation was chosen.
A party who agrees to act on behalf of another person or party is called a(n) ________.
agent
Which of the following contractual elements concerns an offer and an acceptance of the offer?
agreement
Parties to a contract can sometimes transfer their rights under the contract to other parties. This is called ________.
assignment
Stare decisis is concerned with
case law
Select all items of a funeral that the estate will generally cover.
casket clothing embalming
What type of cases use money damages, injunctions, and special performances as a remedies?
civil
Which one of these is NOT a source of Mortuary Law?
colonial
The parties to a contract must have ________ for the contract to be enforceable against them.
contractual capacity
One of the forms used to protect the funeral home from liability is a detailed
cremation authorization
Common law is based on
customs
An agency relationship can be terminated by which of the following?
death of the principal
Of the following, which one is not mandated by the FTC for funeral homes to have itemized specifically on the GPL?
disinterment
To disinter human remains, the funeral director or family must apply for a(n)
disinterment authorization
The Americans with Disabilities Act (ADA), in addition to enforcing accessibility for disabled members of the public, also imposes detailed regulations on the treatment of ______________ who have a disability.
employees and applicants
Disinterment may also be called
exhumation.
The funeral contract can be
expressed oral written implied
A corpse is a fully disintegrated human body.
false
An employee must make more than $500,000 a year to be covered under the Fair Labor Standards Act (FLSA).
false
An irrevocable pre-funded contract can be canceled.
false
The decedent's estate will cover all expenses related to the disposition of the deceased.
false
The law corrects every wrong that occurs in society.
false
When preparing a deceased for cremation, no forms other than the authorization to cremate is necessary.
false
If consent to create a contract has been obtained by duress or fraud, ________ has been violated and the contract is void.
genuineness of consent
A written will written entirely by the testator with their own hand is properly termed a
holographic will.
The object of the contract must be ________.
lawful
The limited liability of limited partners includes ________.
liability up to the amount of their contributions ???
The law establishes a moral __________ and does so especially in the area of criminal laws.
minimum
Informal contracts are so named because ________.
no special form is required for their creation
An oral will stated to a witness is a
nuncupative will.
Select the answer that is NOT considered criteria to be considered a dead body.
only bones remain
A limited partnership differs from a general partnership in that it includes ________.
partners who invest capital but do not participate in management
A person or party who employs another person to act on his/her behalf is called a(n) ________.
principal
A funeral home's limousine is considered a
private carrier
New funeral homes generally can not be established in
residential areas.
Reasonable and/or necessary expenses for funeral expenses may depend on...
size of the estate. status in life. local customs.
When a minor breach has occurred, the nonbreaching party can ________.
sue the breaching party to recover the cost of the repair that was required to correct the defect
The property theory states
that the next-of kin have the right to control disposition, but the body is still not considered property.
Which of the following is NOT one of the conditions which must be established to create an implied-in-fact contract?
the defendant expected the property to be provided gratuitously
Clinical death is defined as
the phase of somatic death lasting from 5-6 minutes, during which, life may be restored.
An agency is ________.
the relationship between the principal and agent
A pre-funded contract was drawn up for Ms. Jones, for cremation. When Ms. Jones died, her children decided to bury her instead of cremating. If this is done, her pre-need may be voided.
true
Administrative laws and regulations that funeral homes must adhere to vary from state to state.
true
Contract law deals with what kinds of promises courts should enforce.
true
Corporations must file articles of incorporation.
true
Courts in one state may look to common-law decisions from the courts of other states where the reasoning in a similar case is persuasive.
true
Disinterments that occur in interest of the public, generally involves exhumation of the remains and reinterment within the same place.
true
Dissolution of a Limited liability company only occurs upon death or bankruptcy, unless otherwise agreed.
true
Natural-law school of thought emphasizes that law should be based on a universal moral order.
true
The definition of dead (death), varies from state to state.
true
The person who requests a funeral director to undertake a funeral does not automatically make himself liable for the funeral expense.
true
Title VII of the Civil Rights Act of 1964, prohibits discriminatory practices in employment based on race, color religion, sex, or national origin.
true
Tort law deals with the types of cases that involve some kind of harm and or injury between the plaintiff and the defendant when no contract exists.
true
The Fair Labor Standards Act does NOT cover which of the following?
unemployment compensation
A sole proprietor has ________ liability.
unlimited personal
