2. Laws, Wills and FTC (DEAD)

Fidelity to moral principles is a definition of:

Integrity

Mrs. Poppins dies without a will and her husband and four children to a lawyer to find out who is entitles to her property. The lawyer informs Mr. Poppins that he will receive all of her property because they were legally married at the time of death. This is an example of

Intestate succession

The term which means a fact that could alter one's decision to enter into a legal binding contract is an illegal fact a fraudulent fact a usurious fact a material fact

A material fact

When a man dies without a will and a woman files a petitions with the Courts to be in charge of his estate, the woman, once appointed, is known as

An Administratrix Administrator appointed by court, executor named in will.

The most common method of creating an agency is by

Appointment

A(n) _____ contract is a contract in which two or more people are collectively entitled to the performance of another party or parties.

Joint Contract

Does a funeral home have to identify on the Casket Price List the manufacturer of each casket which it offers for sale?

No

The consideration of an insurance policy is

Premium

A dead human body is said to be quasi-property personal property actual property real property

Quasi-property

Courts that have exclusive jurisdiction of bankruptcy matters, claims against the United States, and patent and copyright cases are defined as trial courts special federal courts appellate courts probate courts

Special Federal Courts

An itemized written statement provided for retention to each person who arranges a funeral or other disposition. It must include the goods and service selected and prices paid for each, itemization of cash advance items and the total cost.

Statement of Funeral Goods and Services Selected

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

The owners of a corporation are known as

Stockholders

An addition or modification of a will is known as a

Codicil

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

The moral stage P.229

A life insurance policy in which premium payments continue to death or until age 100, whichever occurs first, is

Whole-Life Policy

Are there some States that require funeral homes to guarantee preneed prices?

Yes

May a funeral home have a fee for obtaining DC's outside of its normal business area?

Yes

May a funeral home impose an additional fee for obtaining payment of the funeral bill from an estate or from assigned insurance policies?

Yes

May a funeral home include identification as part of its direct cremation charge?

Yes

May a funeral home incorporate only a portion of its basic service fee in its charges for direct cremation, immediate burial, forwarding or remains and receiving of remains? 1-4

Yes

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

1- Term insurance 2- Whole life coverage 3- Universal life coverage 4- Limited-pay 5- Endowments

Order of who has primary right of disposition

1. Deceased wishes 2. Spouse 3. Adult Children 4. Parents 5. Siblings

One who receives possession of another's property for sale on commission is a broker a factor an attorney in fact a special agent

A Factor p.169

Type of endorsements include which of the following? 1- Blank 2- Special 3- Qualified 4- Restrictive 5- All

All

When a buyer takes actual possession of goods which have been offered for sale, this action is called a bill of sale a contract to sell an acceptance a receipt

An Acceptance

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

Compensation

An association of individuals united for a common purpose and permitted by law to use a common name and to change its members without dissolution of the association is a(n)

Corporation

Any person, partnership or corporation that performs cremation and sells funeral goods:

Crematory

Is it permissible on the Statement of Funeral Goods and Services Selected to simply indicate that a funeral home "may" markup cash advance items?

DEAD SAYS YES Used to say No

A breach of contractual obligation other than money is Interest Unenforceable Default Terms of performance

Default

A person receiving a gift of real estate in a will is A legatee An administrator A devisee An executor

Devisee

A service commemorating the deceased with the body present funeral provider funeral goods funeral ceremony funeral services

Funeral Ceremony

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

Identified Goods

A disposition of human remains by burial, without formal viewing, visitation or ceremony with the body present, except for a graveside service: graveside service immediate burial mandatory disclosures itemization

Immediate Burial

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

May a funeral home have a burial casket price list and a separate cremation casket and container price list? Yes No

No

May a funeral home include visitation as part of its basic receiving of remains offering?

No

All physical items that are not real property are classified as

Personal Property

Kohlberg's stage of moral development in which the individual is characterized as not understanding the rules or feeling a sense of obligation to them: conventional stage post-conventional stage pre-conventional stage pre-moral stage

Pre-Moral Stage P.229

A temporary order forbidding a certain action is

Restraining order

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

Several Contract "A(n) _____ arises when two or more people individually agree to perform the same obligation even though the individual agreements are contained in the same document."

As a rule, the right of a decent disposal belong to the state country next of kin county surviving spouse

Surviving Spouse (older had next of kin, next to SS it would be that)

Which of the following is a mistake that does NOT render an agreement defective? terms of the contract existence of the subject matter identity of the party or parties identity of the subject matter

Terms of the contract p.159

A contract made by a legally declared insane person is unenforceable void voidable valid

VOID

An oral will stated to a witness is a nuncupative will formal will publication holographic will

nuncupative will

A contract which consists of mutual promises to perform some future act

A bilateral contract

Mr. Bowinkle dies without a will and Jon is appointed by the courts to handle the affairs of the estate. Jon is an example of

Administrator

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

An encumbrance Replevin: a procedure whereby seized goods may be provisionally restored to their owner pending the outcome of an action to determine the rights of the parties concerned. (see section on if body is property) Easement: refers to the legal right to use another person's real property, for a specific purpose and a specific amount of time. An easement gives a person the legal right to go through another person's land, as long as the usage is consistent with the specified easement restrictions.

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

Requirements for a valid offer must include: 1- definite time 2- acceptance 3- definite intent 4- seriously intended 1, 3 & 4 only 1, 2 & 3 only 2, 3 & 4 only all of these

1 - definite time 3 - definite intent 4 - seriously intended NOT 2

A contract which is written so that either part may consider it as a joint obligation or a group of individual obligation is A joint contract A several contract A joint and several contract An assignment contract

A Joint and Several Contract

Which of the following are types of Packages that a funeral might offer on certain portions of the arrangements? Automotive or Transportation Package. None of these are allowed under the FTC Funeral Rule. Visitation and Funeral Package. Both a and b. ____ Which of the following are types of Packages that a funeral home might offer on certain portions of the arrangements? 1.Automotive or Transportation Package 2.Visitation and Funeral Package 3.Direct Cremation Package 4.Direct Burial Package 2 Only 2 and 3 Only 3 and 4 Only All

Automotive or Transportation Package. Visitation and Funeral Package. ___ All

Indorsements of commercial paper include which of the following? 1. warranted indorsement 2. blank indorsement 3. qualified indorsement 4. restrictive indorsement 2, 3 and 4 1, 3 and 4 1, 2 and 3 1, 2 and 4

Blank indorsement Qualified indorsement Restrictive indorsement (Special,Blank,Restrictive, Qualified)

ABC funeral home has a normal service area of 25 miles. The Greenjeans family has requested ABC Funeral Home obtain copies of Mr. Greenjeans' Death Certificate. Mr. Greenjeans passed away 50 miles away from ABC funeral home. The funeral director should charge the family for which of the following: 1. Each certified copy of the Death Certificate requested 2. A fee for traveling to obtain the copies outside of ABC's normal service area 1 only 2 only Both 1 and 2 Neither 1 or 2

Both A fee for traveling to obtain the copies outside of ABC's normal service area Each certified copy of the Death Certificate requested

When a person dies without a will, Probate will appoint a person to settle the final affairs of the estate. The person receives Letters of Testamentary Letters of Probate Letters of Administration Letters of Estatus

Letters of Administration

When a person dies with a will and Probate approves the person in charge of settling the final affairs of the estate, the person receives Letters of Testamentary Letters of Estatus Letters of Administration Letters of Probate

Letters of Testamentary "Letters Testamentary" are given to personal representatives (called 'executors') of a probate estate who were named as executor in the decedent's will. "Letters of Administration" are given to personal representatives (called 'administrators') of a probate estate where the decedent did not have a will.

All of the following would be considered fiduciary components of pre-funded funeral arrangements EXCEPT Disclosures Determining the funding methods The commissions associated with the arrangements Maintaining the privacy and security of the arrangements

Maintaining the privacy and security of the arrangements

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

Maker of the note

Failure to exercise reasonable care toward another party is known as The failure to perform with the ability and care normally exercised by people in the profession is known as

Negligence Malpractice P.219

The legal status of a dead human body known as the "property theory" is

Never used in the United States of America

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 substitution of a new party in a contract for the original party who is to perform the contract is called? a contract of agency novation replacement assignment

Novation

A funeral home's General Price List must list

Only the goods and services that the funeral home regularily offers

Kohlberg's stage of moral development in which moral reasoning is based on reward and punishment from those in authority is the: conventional stage post-conventional stage pre-moral stage pre-conventional stage

Pre-conventional Level

Corporation formed by individuals to perform some non-governmental function are called alien corporations public corporations private corporations foreign corporations

Private Corporation

The court having sole jurisdiction over estates is

Probate Court

All of the following would be considered part of a funeral director's individual/personal ethics EXCEPT: A. His or her citizenship B. His or her relationship to allied professions C. His or her integrity D. His or her honesty

Professional relationships

In maintaining a high standard of conduct with a competitor, the funeral director would be wise to: Stress employee continuing education Provide complete privacy in the preparation of the body Refrain from fraudulent business practices Respect the bereaved family's choice of a funeral establishment

Respect the bereaved family's choice of a funeral establishment

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

Parol evidence is battery chattel legality spoken words

Spoken Words

The right to declare dividends depends upon the discretion of the stockholder shareholders promoter board of directors

board of directors

Bailment in which the bailee does not receive any compensation is incidental bailment extraordinary bailment fiduciary bailment gratuitous bailment

gratuitous bailment

You receive an offer in the mail containing no stipulations as to the acceptance, and you decide to return your acceptance by mail. The agreement is complete when the acceptance is received by the offeror never complete, must be an oral acceptance received by the offeree placed in the mail by the offeree

placed in the mail by the offeree

The doctrine of stare decisis is concerned with Sits Case law Criminals Torts

Case Law "to stand by things decided"

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

Easement

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 Escrow Fiduciary agreement Trust agreement

Escrow

One of the categories required to be itemized on the GPL; this involves services of the funeral provider in the locale where death occurs and preparation for transfer to another funeral provider

Forwarding of remains

NONE of the 16 items required by the rule to be separately itemized on the GPL can be listed as "free" or "no charge". Items not required by the rule can be listed as Advance Handling fees Future Free

Free

Another term for autopsy is

Necropsy

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

Voidable

A probate court is concerned with

Wills

In calculating the discount for a package, does the Funeral Rule prohibit a funeral home from discounting the basic service fee?

Yes "On February 17, 2009, Federal Trade Commission (FTC) staff issued an Advisory Opinion on discount funeral packages that raised a number of questions regarding the basic services fee. That Advisory Opinion held that while funeral homes may offer discounted packages, they should not discount the basic services fee when deciding the amount of the discount. In other words, a funeral home was permitted to reduce the price of all of the items included in the package, except for its basic services fee."

The extinction or withdrawal of a legacy by an act equivalent to revocation is called intestacy abatement ademption probate

Ademption

In terms of commercial transactions, a _____________ is a person who sells goods for a commission. General Agent Broker Attorney in Fact Factor

FACTOR**** P.169

When the duty of care that a motorist owes other motorists and pedestrians is breached and result in injury or damage to another, that motorist has committed a felony misdemeanor criminal act tort

Tort

If a funeral home uses a computer software program to list the outer burial containers which it sells, does it still need to have a printed Outer Burial Container Price List?

No P.239 "In lieu of a written list, the funeral provider may use other formats, such as notebooks, brochures, or charts, if they contain the same information as the printed or typewritten list, and display it in a clear and conspicuous manner. Provided, however, that funeral providers do not have to make an outer burial container price list available if the funeral providers place on the general price list, specified in paragraph (b)(4) of this section, the information required by this paragraph."

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 A bank draft A voucher check A certified check

Cashier's Check

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

Code of Ethics

A term for blood kin is

Consanguinity

Goods of a homogenous nature which are sold by weight or measure are known as fungible goods future goods indentified goods existing goods

Fungible Goods

Parties who acquire rights superior to those of the original owner are known as Bearer in due course Endorse in due course Acceptor in due course Holders in due course

Holders in Due Course

Which of the following is a fee that a funeral home could charge? A. Estate Claims Fee B. Insurance Processing Fee C. Both a and b could be charged. D. Neither a nor b could be charged-these are not the responsibility of the family.

Insurance Processing Fee Estate Claims Fee (both can be charged)

A man who makes a valid will

Testator

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

Trial Court

A contract is a legally enforceable agreement between

Two or more legally competent persons

Exist when a seller requires the purchase of unwanted items/services in order to obtain the desired item/service. Freud Bundling Capitalization Tying Arrangements

Tying Arrangements

A contract which is based upon acts being done in consideration for a promise is called a formal contract an express contract a unilateral contract a bilateral contract

Unilateral contract

If a funeral director marks up cash advance items or receives a commissions, rebate or discount which is not passed on to the customer, is it a violation of the Funeral Rule to represent to the consumer that the charge represents the same amount that the funeral home paid for these items?

Yes

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

Yes - Depending on the State!