FUNERAL LAW - DMACC (1.1, 1.2, 2.1, 2.2, 2.3)

How long must the price list be kept?

1 year from price list being distributed.

List the 16 prices which are required to be itemized on the GPL

1. Basic funeral director and staff services 2. Embalming 3. Other preparation of the body 4. Services& facilities for viewing 5. Services& facilities for funeral ceremony 6. Services& facilities memorial service 7. Services& equipment for graveside service 8. Transfer of remains to Funeral Home 9. Hearse 10. Limo 11. Casket price range 12. Outer burial container price range 13. Forwarding of remains 14. Receiving remains 15. Direct cremations 16. Immediate burials

Give two examples of illegal tying arrangements.

1. Forcing embalming for a direct cremation. 2.Refuses service to a family who has purchased a casket or product from a 3rd party.

List the 3 mandatory disclosures on the Statement of Goods and Services.

1. List of legal and other requirements 2. embalming approval 3. marked up cash advances

List the 3 situations for which the funeral home can charge for embalming.

1. State or Local law requirement. 2. Prior permission to embalm 3. Exigent circumstance. For example, the family cannot be located and funeral director has no reason to believe that they do not want the embalming.

Judy borrowed an electric mixer from her neighbor, Andy, and accidentally broke the appliance through misuse. She refused to replace the appliance or compensate Andy for the loss of the appliance, which was valued at $300. Andy wants to recover the loss without spending a lot of money on attorney costs and court fees. To recover damages, Andy should file a lawsuit in a: state court of original jurisdiction. small claims court. domestic relations court. federal district court.

Small claims court

Secondary Meaning

Special meaning of a mark that distinguishes goods

appellate jurisdiction

because US courts of appeals have the authority to hear cases from lower courts, we say that they have

small claim courts

because their authority extends only to minor matters, local courts are called courts of...

Option

binding promise to hold an offer open

diversity of citizenship

federal cases involving citizens ofa different states

Embezzlement

fraudulent conversion of property lawfully possessed

Disgorgement of Profits

having to pay back profits received illegally

appellate courts

intermediate courts are also called....

Necessaries

items required for living at a reasonable standard

Contributory Negligence

negligence on the part of the injured party

Counteroffer

offeree's response that rejects offer by varying its terms

Convict

person found guilty by court of a major criminal offense

Debarment

prohibition on doing business with government

Disaffirmance

repudiation of a voidable contract

Pirated Software

software copied illegally

Theft

taking another's property without consent

Shoplifting

taking unpurchased goods from a store

Communication

telling something to a third party

Negligence

the failure to exercise reasonable care toward someone

Tortfeasor

the person who causes the injury

jurisdiction

the power and authority give to a court to hear a case and to make a judgment

Larceny

the taking and carrying away of property without consent

Unfair Competition

the total impression of a product results in confusion as to its origin

general jurisdiction

trial courts that handle cases involving major crimes an large amounts of money are called courts of..

Trademark or Trade Name Infringement

unauthorized use of imitation of another's mark or name

Computer Trespass

unauthorized use of, or access to, a computer

Appellate courts include: special federal courts and inferior courts. inferior courts and courts of appeals. courts of original general jurisdiction and courts of appeals. courts of appeals and supreme courts.

Courts of appeals and supreme courts

John Mesta, a musician, has decided to sue Camplife, a band, over copyright infringement. In this lawsuit, Camplife would be the: plaintiff. bailee. defendant. claimant.

Defendant

Paraphrase the mandatory Disclosure of Outer Burial Container Price List.

Disclosure must inform consumers that Outer Burial containers are not generally required by law, although many cemeteries make them mandatory.

Paraphrase the embalming disclosure

Embalming is not required by law. However, there are services that require a body be embalmed. Consumer may have to choose a different service option if they do not wish to embalm.

Paraphrase and give an example of the Cash Advance Disclosure.

Funeral home adds a surcharge for an item it receives and retains a rebate, commission or other discount from that supplier that is not passed on to the consumer. An example would be obtaining flowers at a discount.

Where would the disclaimer of warranties be located in a funeral home?

In bold lettering in an obvious place on Price Lists, Statement of Goods and Services

A cemetery requires all burials be in an Outer Burial Container. How and where should you list this on the Statement of Goods?

It should be listed under "legal and other requirements".

The power or authority of a court to hear cases is called its: petition. writ. statute. jurisdiction.

Jurisdiction

Trademark or Trade Name Dilution

Lessening the capacity of a famous mark to identify and distinguish goods

If I include the prices of every casket I offer on the General Price List, must I also make a Casket Price List?

No

Brown & Davis Funeral Home does not offer limousines as part of their services. Must they include the Limousine on the GPL?

No. Only what applies to your own Funeral Home is required. Each Funeral Home makes their own GPL.

Can the funeral director complete the Statement of Goods and Services after the family leaves the funeral home provided the statement is given to the family at the visitation or the funeral?

No. Statement of Goods and Services must be filled out fully so that the family has the list of prices at the conclusion of the funeral arrangement.

When making arrangements with a family, the funeral director makes the following statement: "As you will note, the prices for all of our services are listed in the General Price List". She then points to the GPL on the corner of the desk. If she does this prior to any discussion of funeral goods and services, has she met the FTC requirement?

No. The GPL must be physically given for retention.

Brown & Davis Funeral Home uses an answering service for calls after 5pm. Must the answering service give out price information?

No. The answering service can take a message and the Funeral Director or someone else from his staff will return the call in a timely manner.

Must the Casket Price List be offered to the consumer for retention?

No. The funeral director may request the return of the Casket Price List after the casket(s) have been showed to the family.

When making a removal from a residence, the funeral director asks for and receives permission to embalm. Is this discussion of embalming a "triggering event" that would necessitate the funeral director giving the consumer a copy of the GPL?

Only if asked about the price. You must also disclose that embalming is not required by law. Any further discussion of prices or selection of goods/services would be a trigger to provide GPL.

Minor

Person under the legal age to contract

Peter worked for the Appearance Button Making Company. He set the company's storage area on fire, because he disliked James, the owner of Appearance. James filed a suit against Peter claiming compensation for the damage to his property. In the given scenario, James is the: sheriff. bailiff. defendant. plaintiff.

Plaintiff

The individual who institutes a civil action is called the: defendant. bailiff. sheriff. plaintiff.

Plaintiff

List the parts of the Introduction of the Outer Burial Container Price List.

Printed at the top of the Prices list should be: - The name of the funeral home - The words Outer Burial Container Price List - The effective date of said list

Confusion of source

Representing goods or services as those of another

Filing and trying a suit in a _____ is much simpler than in a court of record, because plaintiffs may complete the court forms and try the case themselves through a more informal process. Special federal court State supreme court Small claims court Court of appeals

Small claims court

Offeree

a person to whom an offer is made

Offeror

a person who makes an offer

Tort

a private or civil wrong or injury for which there may be an action for damages

Offer

a proposal to make a contract

Rogue Programs

a set of software instructions that produces abnormal computer behavior

Injurious Falsehood, Commercial Disparagement, Trade Libel

a tort which occurs when a person makes false statements of fact that degrade the quality of another's goods or services

Business Tort

a type of tort caused by a business or involving a business

Trademark

a word, symbol, device, or combination of them used to identify and distinguish goods

Business Crimes

a crime against a business or committed by using a business

Comparative Negligence

a doctrine that allows the court to reduce damage awards to plaintiffs by the percentage of the damage attributable to the plaintiffs' negligence

federal court system

1. district court 2. court of appeals 3. special U.S courts - out of the mix, 4. Supreme court

state court system

1. local trial courts 2. general trial courts 3. special courts 4. intermediate appellate courts 5. supreme courts

Jim, a practicing doctor, and Jane, a nurse, got married five years ago. Due to some marital issues, they are planning a divorce. They have a three year old son. Jane wants to take full custody of her son. In this scenario, which of the following courts would have jurisdiction over their divorce and child custody case? A probate court would have jurisdiction over their divorce case and a juvenile court over their child custody case. A juvenile court would have jurisdiction over their divorce case and a domestic relations court over their child custody case. A domestic relations court would have jurisdiction over both the divorce case and the child custody case. A juvenile court would have jurisdiction over both the divorce case and the child custody case.

A domestic relations court would have jurisdiction over both the divorce case and the child custody case.

1/1 Andrew, a software engineer who works for Sigma Inc., damaged the company's car in an automobile accident. The company filed a claim for damages against Andrew. However, the company was unable to file charges in a nearby probate court. Which of the following explains why the company was unable to file charges in the probate court? A probate court is concerned with delinquent and neglected children. A probate court can have jurisdiction over the accused and not over the subject matter. A probate court deals with the distribution of deceased persons' property. A probate court is a court of general jurisdiction and damage actions are not brought to this court.

A probate court deals with the distribution of deceased persons' property.

Who must comply with the Federal Trade Commission Funeral Rule?

All funeral providers

When does a funeral home fall under the Truth-In-Lending Act?

Anytime the funeral home extends credit more than 25 times in a year.

When must the Casket List Price be offered to the consumer?

Anytime there is face to face discussion about caskets. GPL is given prior to the funeral director showing any casket models to the consumer.

Bill Thompson is involved in a dispute with his two siblings over his late mother's will and has alleged that the others unduly influenced his mother in the drafting of her will. Why is it advisable that Bill hire an attorney to represent him in a lawsuit against his siblings? Hiring an attorney will guarantee Bill wins his case. Attorney fees are less expensive for will disputes. As a disinterested person, an attorney will likely be able to assess and present Bill's case more rationally to the court. Most states do not permit parties to represent themselves.

As a disinterested person, an attorney will likely be able to assess and present Bill's case more rationally to the court.

When must the funeral director give the General Price List to the consumer?

As soon as consumer mentions anything about prices. Also prior to any purchase of funeral products/services.

Which of the following is not a title for the chief officer of an inferior court? Magistrate Attorney Justice of the peace Judge

Attorney

Strict Liability

a doctrine that makes entities in the chain of manufacture of a product - manufacturer, wholesaler, or retailer - liable without proof of negligence

Which of the following courts has original jurisdiction in cases affecting ambassadors, public ministers, and consuls, and in cases in which a state is a party? A probate court A special federal court A federal district court The Supreme Court of the United States

The Supreme Court of the United States

Under which of the 16 itemized prices would the utility bills fall?

The basic services of the funeral director and staff.

When would the funeral home fall under the Gramm-Leach- Bliley Act?

This does not apply to funeral homes.

Firm Offer

a merchant's signed, written offer to sell or purchase goods, saying it will be held open

Nelson, a billionaire in the state of Massachusetts, while on his deathbed decides to distribute his property between his two children: Tom and Danielle. Nelson calls his lawyer to advise him on carrying out the distribution of his property. He dies a few days after handing over the will to his children. The siblings later have a dispute regarding the will. Tom sues Danielle, claiming that he has been conned by his sister and that the will has been falsified by her. Which of the following is true with regard to the scenario? Tom fails to possess the right to an attorney in this case. Tom goes to a juvenile court to fight the case. Tom seeks the help of a probate court. Tom becomes a defendant in this case.

Tom seeks the help of a probate court.

Max, an ex-employee of CubeWorks Inc., an interior designing company, was on trial for swapping internal information with a competitor, without authorization, which resulted in copyright infringement. The jury found him guilty and he was ordered to pay $500,000. The jury's decision is called the: verdict. petition. writ. summons.

Verdict

The decision of the jury on a court trial is called a(n): verdict. jurisdiction. appeal. summons.

Verdict

If a family calls to inquire about your prices, must you, the funeral director, give the prices out over the telephone?

Yes

If the funeral home prefers, may they attach the casket price list to the GPL?

Yes

Michael, a resident of Connecticut, drove down to Maryland for a business meeting. He was invited to a party hosted by his client. He had several cocktails in the evening, and while driving back to the hotel he hit a passerby and caused him serious injuries. The injured passerby planned to file a drunken driving case against Michael in a state court of Maryland. However, by this time Michael had returned to Connecticut. Can a lawsuit against Michael be filed in Maryland and why? Yes, because long-arm statutes allow an injured person to sue the accused only if the accused had maximum contacts in that state. Yes, because long-arm statutes allow an injured person to sue the accused in the state where the accident occurred. No, because long-arm statutes prevent the courts of one state from having jurisdiction over residents of another state in case of accidents. No, because long-arm statutes allow an injured person to sue the accused only before he moves back to his home state.

Yes, because long-arm statutes allow an injured person to sue the accused in the state where the accident occurred.

A family chooses direct cremation and does not wish to have embalming. They do wish to have an identification viewing. Can you charge them other preparation for the remains for the ID viewing?

Yes, you may charge for any service provided. However, being that this is only for ID purposes, you may want to use your discretion and not charge.

A family at your funeral home selects Funeral Package A. This package includes basic services of the FD and staff, embalming and other prep, 1 night visitation and a funeral the next day, followed by cremation. When completing the Statement of Goods and Services, can you list only 1 price, that being the price for the package? Explain why or why not.

Yes, you may list only 1 price. However, every item included in the package must be listed.

At Brown & Davis Funeral Home, we offer transfer of remains to the funeral home at the following prices, $75 within the county in which the funeral home is located and $2 per loaded mile outside of that county. Is that legal?

Yes. A different fee within the county and outside the county may be charged, provided it is stated on the GPL.

A local florist sells flowers for $100 to consumers who enter her store. If the funeral home orders the flowers instead of the family, the florist only charges $90. Can the funeral home charge $100 for this or not? If so, are there any stipulations to this purchase?

Yes. It must be disclosed under the "Marked up Cash Advance" section of the Statement of Goods and Services.

Larry and Ellen Roper had an insurance policy that protected their vehicle against loss from vandalism and malicious mischief. The motor of their car was damaged when oil used to service it was contaminated with water. The Ropers sued their insurance carrier in state court when the carrier denied coverage for the damage under the vandalism and malicious mischief policy. The trial court found in favor of the Ropers. The insurance company appealed the decision, and the intermediate court of appeals overturned the trial court decision. Do the Ropers have any further legal recourse, and if so, what? No. The decision of an intermediate court of appeals cannot be reviewed. Yes. The Ropers can appeal the appellate court's decision to the state supreme court, the highest court of the state. No. Most state court systems only have trial courts and intermediate courts of appeals. Yes. The Ropers can file another case against the insurance company for the same claim in federal court.

Yes. The Ropers can appeal the appellate court's decision to the state supreme court, the highest court of the state.

Are there any services you can charge for, even if the family does not want the service, in order to get a service the family does want? If so, state which items can be required.

Yes. The basic fee of the Funeral Director is the only non declinable fee on the General Price List. A Funeral Home may require the consumer pay this charge as a condition of obtaining the funeral.

Can the funeral home offer package price for arrangements that include the "traditional" funeral except the deceased will be cremated instead of buried? If the funeral home can offer this package, can they charge less for this package than the price would be if the items were purchased separately?

Yes. The combination may be offered for less than the individual prices, as long as the basic fee charges are not discounted.

Must GPL be given to the consumer of a Pre-Need Funeral Arrangement?

Yes. The funeral rule also applies to pre-need arrangements.

Can a funeral home charge a fee for a funeral which is held off site, such as at a local church or other hall?

Yes. This price should be listed separately in the GPL.

Hacker

an unauthorized outsider who gains access to another's computer system

Ratification

approval of unauthorized act; indication by adult that a contract made while a minor is binding

Acceptance

assent of buyer to become owner of goods; assent ot an offer resulting in a contract; drawee's signed agreement to pay draft

juvenile courts

courts that hear cases involving young people are known as

limited jurisdiction

courts that hear civil cases involving limited amounts of money are called...

Computer Crimes

crime that is committed with aid of computers or because computers are involved