DEAD Funeral Directing Law

If the body is embalmed, which of these charges will appear on the Statement of Funeral Goods and Services Selected? 1 Embalming 2 Topical Disinfection 3 Bathing 4 Disinfecting 1 only 1 and 2 only 1, 2, and 4 only 1, 2, 3, and 4

1 only

The funeral director is required by the Funeral Rule to retain all price lists for a ____________ period from the date the price lists were last distributed. 10 years 3 years 1 year 30 years

1 year

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, 3 & 4 only

Which of the following are good parameters (limits) to place on the ID viewing? 1- limit time to a maximum of 10 minutes. 2- limit number of people to several (5 or 6 maximum). 3- limit designated people to those qualified by marriage or kinship. 4- require applicable preparation of remains (wash, disinfect, pose features, dress, etc.) 5- do not allow any rites or ceremonies to be conducted. 1, 3, & 5 only. 2 & 4 only. 1, 2 & 3 only. 1, 2, 3, 4, & 5.

1, 3, & 5 only.

Which of the following is not a member of a profession allied to the funeral profession? Attorney Grief Therapist Nurse Doctor

Attorney

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

Broker

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

Escrow

Which of the following terms is defined as having a sense of honor, and fair dealings? Honesty Ethnicity Mortality All of these

Honesty

Fidelity to moral principles is a definition of Honesty Ethics Liability Integrity

Integrity

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

Mr. Greenjeans makes a will which states that his estate will be divided equally only among the children who are alive when he dies. This type of distribution is called ___. Interstate division Per capita Intrastate division Per stirpes

Per capita

A funeral home's family car is considered a Public carrier Common carrier Freight carrier Private carrier

Private carrier

Which of the FTC required packages should be the lowest fee on any funeral home's GPL? Direct Cremation Direct Burial Forwarding Remains to Another Funeral Home Receiving Remains from Another Funeral Home

Receiving Remains from Another Funeral Home

To cancel or annul a contract is to Execute an Option Validate Recall Rescind

Rescind

Defamation of character by spoken words or gestures is: Breach Slander Libel ad hominem

Slander

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

sale means the transfer of funds and merchandise is now complete

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

several contract

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

special federal courts

Laws enacted by legislative bodies are statutes injunctions ordinances constitutions

statutes

The owners of a corporation are known as directors stockholders makers promoters

stockholders

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

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

voidable

According to the Statute of Frauds, contracts classified under the statute need to be ______________ to be enforceable under seal oral contracts express contracts written contracts

written contracts

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

Yes- Depending on the State!

The Clergy Honorarium for a funeral will show on the Statement of Funeral Goods and Services Selected as ___ . included in Basic Arrangements a Cash Advance item a Memorial item included in the Supervision of Funeral package

a Cash Advance item

The charge for certified copies of the death certificate paid to the registrar, obtained as an accommodation for the family is ___. part of basic arrangements a cash advance part of the Memorial Package included in "Other Services of Funeral Director and Staff"

a cash advance

A check that a bank draws on its own funds and is signed by a responsible bank official is called ___. a cashier's check a personal bank draft a voucher check a certified check

a cashier's check

Any individual, partnership, corporation, association, government or governmental subdivision or agency, or other entity has the right to be legally considered to be the same as: an event the remains of a corporation a deceased person a living person

a living person

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

a material fact

A proportional reduction of a legacy when the funds or assets out of which such legacy are payable are not sufficient to pay it in full is ademption abatement probate codicil

abatement

Which of the following are required for a valid contract? 1- mutual agreement (offer and acceptance-meeting of the minds) 2- contractual capability (competent parties-of legal age-not drunk, etc.) 3- legal objective (a contract that is not for legal purpose is not valid) 4- consideration (monetary or other good or valuable considerations) 2 & 3 only 1 & 2 only 1, 2 & 3 only all of these

all of these

The right that one person has to use the property of another for a special purpose is known as a property exit a right of passage an easement a passageway

an easement

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

an encumbrance

A permanent order, issued by a court, forbidding activities which would be detrimental to others is an injunction a writ of habeus corpus a restraining order a statute

an injunction

The right to declare dividends depends upon the discretion of the stockholders promotor board of directors shareholders

board of directors

Which of the following is a fee that a funeral home could charge? Insurance Processing Fee Estate Claims Fee both Estate Claims Fee and Insurance Processing Fee Neither Insurance Processing Fee nor Estate Claims Fee

both Estate Claims Fee and Insurance Processing Fee

A term for blood kin is consideration relations consanguinity up-line

consanguinity

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

consignee

The election to void a contract is called forbearance ratification disaffirmation usuary

disaffirmation

The right a minor has to avoid a contract is termed disaffirmation ratification denial abatement

disaffirmation

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

dividends

Usury is a term which refers to contract obligations bailment excess interest estoppel

excess interest

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: free future advance handling fees

free

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

funeral provider

Which of the following is classified as personal property? stock certificate mineral interest in a parcel of land furniture a farm of 160 acres in size

furniture

In an auction, goods which are offered for sale which cannot be withdrawn are classified as goods offered with reserve goods offered without reserve future goods consigned goods

goods offered without reserve

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

limited partnership

What is the FTC minimum requirement for listing the prices of caskets on the GPL? list all of the usually offered caskets in any order list all of the usually offered caskets from lowest to highest price list only lowest and highest usually offered caskets casket prices are not listed on the GPL

list only lowest and highest usually offered caskets

Which of these charges may legally be shown on the Statement of Funeral Goods and Services Selected in addition to the package called Direct Burial? local removal newspaper notices topical disinfection transportation to local cemetery

newspaper notices

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

novation

Which of these charges may be different on the Funeral Bill than on the Statement of Goods and Services Selected when it was completed at the time of arrangements? basic arrangements price of the casket Topical Disinfection opening of the grave

opening of the grave

The laws of the city councils are called statutes torts ordinances constitutions

ordinances

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

the prices appear on the GPL

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

void

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

a devisee

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

A life insurance policy in which premium payments continue until death occurs is classified as: a death benefit policy a universal term policy a whole-life policy a term policy

a whole-life policy

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

ademption

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

cemetery charges, vault

The item which is listed on the Statement of Funeral Goods and Services Selected as a cash advance is: purchase of a custom casket clergy honorarium limousine owned and operated by the funeral home excess mileage charge for burial outside usual service area

clergy honorarium

During which of Kohlberg's stages of moral development is the individual is characterized as showing close adherence to the cultural rules and expectations without fully understanding why. At this stage the person believes that following the cultural "rules" is necessary, no matter what those expectations are. conventional stage pre-moral stage post-conventional stage pre-conventional stage

conventional stage

Laws within the Penal Code that are violated are examples of case law common laws Constitutional Laws criminal law

criminal law

Receiving Remains From Another Funeral Home package includes all except: transfer from closest airport filing the burial permit transportation to local cemetery fee for opening the grave

fee for opening the grave

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 cremation direct cremation cash advance

forwarding of remains

The FTC Funeral Rule requires a minimum of ___ packages on the GPL. zero two four six

four

Parties who acquire rights superior to those of the original owner are known as endorse in due course holder in due course acceptor in due course bearer in due course

holder in due course

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

policy holder

According to Kohlberg, the state of moral development in which the individual considers universal moral principles which supersede the authority of the group is called: pre-conventional stage conventional stage pre-moral stage post-conventional stage

post-conventional stage

Damages in excess of those required to compensate the plaintiff for the wrong done are punitive liquidated compensatory nominal

punitive

According to the FTC Funeral Rule, which of these charges may not be discounted except for family or employees. Basic Arrangements Livery Casket Memorial items

Basic Arrangements

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

Maker of the note

Which organization is responsible for creating and promoting a Code of Ethics for Funeral Directors? National Funeral Directors Association Each State's Bureau of Funeral Directing Conference of Funeral Service Examining Boards American Board of Funeral Service Education

National Funeral Directors Association

A funeral home's General Price List must list All of the goods and services that any funeral home might offer Only the goods and services that the funeral home regularly offers Only the goods that the funeral home offers Only the services that the funeral home offers

Only the goods and services that the funeral home regularly offers

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

a trial court

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. a bilateral contract a unilateral contract a formal contract an express contract

a unilateral contract

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

a writ

Which of the following terms are associated with filing suit in a civil action: 1- discovery 2- process 3- petition 4- answer 1, 2 and 3 only 1 & 2 only 3 & 4 only all of these

all of these

What is the latest point in the arrangement conference that a family may be shown the casket price list? at the very beginning, during introductions at the conclusion of the arrangement conference so they can take it home with them as soon after they enter the casket display room as possible any time prior to entering the casket display room

any time prior to entering the casket display room

What is good and moral in business transactions is the definition of: business ethics a code of conduct business regulations the Golden Rule

business 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

code of ethics

An addition or modification of a will is known as a gift letters testamentary codicil deed

codicil

A carrier that transports goods or persons for a fee for all who apply for the services and without discrimination is called a common carrier private carrier consignment carrier contract carrier

common carrier

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) partnership corporation cooperative proprietorship

corporation

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

cosmetizing

A personal representative of the decendent appointed in the will to carry out the provisions of the will is called executor surrogate devisee administrator

executor

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

gratuitous bailment

According to the FTC Funeral Rule, which of these is NOT part of the direct burial package? transfer of remains to funeral home Arrangements conference Transportation to a local cemetery grave liner

grave liner

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

police power

The FTC, Bureau of Funeral Directing, OSHA, ADA, are all examples of governmental interference police powers civil law criminal law

police powers

Which level of government issues and revokes funeral director licenses? local officials county officials state officials federal officials

state officials

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

testator

Which of these items is included in the package called Receiving Remains From Another Funeral Home? transportation from closest airport one session of visitation if requested a Memorial Service average grave opening charge for local cemeteries

transportation from closest airport

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 General Price List Outer Burial Container Price List Casket Price List

Statement of Funeral Goods and Services Selected

Testate

The condition of leaving a will at death

Intestate Succession

The condition under the law where an heir has rights to the property and assets of an estate in the event the decease fails to leave a will

The Johnson family owns two funeral homes. One is in the older part of the city and was started by their grandfather 60 years ago. The other is only 5 years old and is located in one of the newer suburbs. They are both incorporated under the same corporation document and all of the stock is owned by members of the same family. Which of these statements about the GPL is correct? the GPL must be the same at both locations the disclosures may be different, but the prices must be the same the GPL's may be different at each location the GPL's may be different, but client families may choose the one they prefer to use

the GPL's may be different at each location

Which of these casket descriptors does NOT have to be included for each casket on the Casket Price List? shell material interior material a unique means of identification like a model name or number the casket manufacturer name

the casket manufacturer name

Which of these factors is correct regarding a guaranteed prefunded preneed funeral arrangement? the family can demand a better casket if the fund grew faster than prices went up the funeral director may substitute lower price merchandise if there is not enough in the fund to cover all costs the funeral director may keep any excess if the funds grew faster than costs went up the family may cancel the arrangement completely and take the money

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

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

the moral stage

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

3 and 4