Mortuary Law 2
An hourly worker must be pain how many more times than their regular pay for all hours beyond 40 in a work week:
1 1/2
The Age Discrimination in Employment Act provides protection only to those who are:
40 years or older
Insures that consumers who are provided credit by banks and businesses are completely apprised of all aspects of the credit arragements:
Truth in lending act
OSHA requires that training records be maintained for 5 years and medical records for an employee be maintained for 30 years
Ture
The ADA allows a funeral home to impose a surcharge for embalming someone that has died of a contagious disease.
False
The Funeral Rule requires 17 categories that are required to appear on the General Price list.
False
This Act covers financial institutions and provides consumers of finacial insitutions the ability to control how and to who private finacial information the consumer supplied to the insituteion will be used.
Gramm-Leach Bliley Act
With regard to the General Price List distribution requirement, which of the following is not true?
It is acceptable to require the consumer to return the GPL to the funeral director.
Which of the following acts is a federal statute that governs express and implied warranties:
Magnuson-moss
The provision that funeral homes must set forth engineering controls to reduce the risk of injury from sharps such as needles, scalpels, trocars and syringes falls under the:
Needlestick Safety and Prevention Act
It is not a violation of the Funeral Rule for a funeral home to require consumers to pay for which of the following as a condition to receiving funeral services?
Non-declinable service fee
The basic services of the funeral director and staff is the only fee on the general price list which is non-declinable and applies as a condition to obtaining a funeral
True
The funeral rule applies to and covers those that sell both funeral goods and services.
True
Under common law, a nuisance is defined as an invasion of a landowner's interest in the reasonable use and enjoyment of his land
True
The purpose of the act is to provide disabled individuals with full use and enjoyment of public accommodations:
ADA
One who inherits real property in a will:
Devisee
Discrimination on the basis of sex by paying employees of one sex at rates lower than those of the opposite sex in the same establishment, for doing equal work requiring the same skills, effort and responsibility is a violation of:
Equal pay act
A debt instrument between a funeral home and consumer which contains a non- possessory security interest in household goods is a violation of:
FTC Credit Practices Regulation
Which of the following acts was enacted to protect groups from substandard wages and excessive working hours:
Fair Labor Standards Act
The Funeral home may refuse to give someone price information over the telephone if the person requesting the information does not identify himself or herself.
False
The General Price List and Statement of Funeral Goods and Services Selected are given to the consumer after the purchase of the funeral.
False
Which of the following are required to be priced as a package on the GPL?
Forwarding the remains, receiving the remains, direct cremation, and immediate burial
A will which is dictated orally before witnessess to dispose of personal property and afterwards reduced to writing is termed:
Nuncupative will
Funeral homes are increasingly under the scrutiny of this organization, which is responsible for safe working conditions.
OSHA
The Fair Labor Standards Act covers which of the following areas of employment that are important to funeral service?
Overtime compensation, minimum wage, equal pay, and only overtime and minimum wage
In determining an employee's regular rate of pay, which of the following benefits are generally considered as wages?
Production bonuses
Under the formaldehyde exposure standards, a formaldehyde reading of 2ppm in a 15 min time period represents the:
Short Term Exposure Level
A will in which a soldier in the field or sailor at sea may dispose of personal property only:
Soldiers and sailors
If an at need family owned a life insurance policy with a face valuse of $5,000 and at the time of death the funeral services cost $6,000 what will happens?
The family will pay the funeral director an additional $1,000
Which of the following does not need to be priced as a package on the General Price List?
Transfer of remains to funeral home
A Legatee is one who inherits personal property by a will.
True
A cemetery/funeral home combination is subject to the Funeral Rule.
True
A funeral director may charge for an unauthorized embalming if legal requirements or exigent circumstances exist.
True
A funeral home with 14 employees is exempt for complying with the ADA's employment-related provisions.
True
A gift of personal property in a will is called a bequest of legacy.
True
A trade embalmer who is a independent contractor is not considered as an employee
True
The Dept. of Labor has determined that funeral director employees cannot be classified as "professionals"
True
The funeral Rule is enforced by the Federal Trade commission.
True
It may be prejudicial to public morals, dangerous to life, or injurious to public rights defines:
a nuisance per se
A proportional reduction of a legacy under a will when the funds out of which such legacy are payable are not sufficient to pay it in full:
abatement
The extinction or withdrawal of a legacy by an act equivalent to revocation:
ademption
A person appointed by the court to oversee the deceased estate is called:
administrator
An addition or modification of a will is know as a:
codicil
Credit offered or extended to a person for primarily personal, family, or household purposes is:
consumer credit
A gift of real property in a will:
devise
Of the following, who is required by law to maintain records on wages, hours worked, and other items listed in the wage and hour regulation:
employer
An employee required to remain on the employer's premise and is not free to leave and attend to personal affairs is considered to be which of the following:
engage to wait
Which of the following full time employees are not protected by overtime and minimum wag requirements?
executive employee, administrator, branch manager, and commissioned outside pre-need salesman
A personal representative of the deceased appointed in the will to carry out the will is called:
executor
Which of the following is not included on the MSDS:
expiration date
A person who holds a position of trust in relation to another person of his/her property:
fiduciary
A will written entirely by hand:
holographic will
According to the Funeral Rule, fees for the use of limousines, hearse, or transfer of the remains to the funeral home may be a:
hourly fee, flat fee, mileage fee
If the FTC Door-to-Door regulation applies to a preneed funeral transaction, which of the following would constitute an unfair or deceptive act or practice upon the part of the funeral director?
includes a confession of judgment or a waiver of the consumer's right of cancellation
The condition of an estate of a deceased person which is unable to pay the debts of the decedent and/or the estate is referred to as being:
insolvent estate
When a person dies without a will, he is said to die:
intestate
A Funeral director is a creditor is he extends credit how many times?
more than 25 times per year
Which of the following is not required to be listed on the General Price List:
name of the funeral home owner
A landowner's use of property which interferes with the public or another landowner's use of his property:
nuisance
A mortuary is considered to be a:
nuisance in fact
An act, occupation or structure which may become a problem by circumstances of the location or manner in which it is operated:
nuisance in fact
The funeral director is required to disclose prices over the telephone in which of the following instances:
person requesting specific service information
It IS NOT a violation of the funeral rule if:
the funeral home does not identify the dollar amount of any cash advance markups
The filing and proving of the will following death is called:
probate
A provision in a deed limiting the use of property and prohibiting certain uses is termed:
restrictive covenants
Which of the following employees is protected by the FLSA overtime and minimum wage requirements?
secretary
A person who dies leaving a valid will is called a:
testator
A woman who makes a valid will
testatrix
Which of the following is not a purpose of the funeral rule:
to establish price limits on Funeral Goods and Services
Which of the following records does an employer not have to keep
total mealtime taken
When a seller requires the purchase of unwanted merchandise in order to provide specific services:
tying arrangement
Entities that sell only funeral good are required to comply with the Funeral Rule.
False
Funeral homes generally may be operated in areas zoned for residential use without obtaining special use permits or non-conforming use permits.
False
The Funeral Rule requires funeral homes to identify on the statement of goods and services those particular cash advance items have been marked-up
True
The funeral Rule requires that a copy of the Statement of Goods and Services Selected should be retained for how long a period from the date of the arrangement conference?
12 months
A work week consists of seven consecutive days beginning on any day and time and consists of how many consecutive hours.
168hrs
In the event of an accident at the funeral home involving the death of an employee or the hospitalization of five or more employees, the employer must report the accident to the local or regional OSHA office within how many hours of the accident?
48
It is a violation of the Funeral Rule to embalm a body without express written permission regardless of the circumstances.
False
A commissioned pre-need funeral salesperson would be subject to the overtime or minimum wage benefits of the FLSA.
False
Any entity that offers to sell or that does sell funeral goods but not funeral services is subject to the Funeral Rule.
False
Drug addiction and alcoholism are disabilities, thus individuals currently taking illegal drugs or alcohol are protected by the ADA's employment related provisions.
False
A nuisance may be defined as an unreasonable, unusual, or unnatural use of one's property so that it disturbs the peaceful, quiet and undisturbed use and enjoyment of nearby property.
True
Accruals on preneed insurance policies are not taxed while interest or income on preneed trust funds is subject to federal income tax.
True
An employee or job applicant feels that he/she was a victim of dicrimination and files a claim with the EEOC. That charge must generally be filed within six months of the alleged discrminatory practice.
True
An injunction is a court order stipulating to refrain from doing or to do a specified act.
True
Employees which are exempt from the minimum wage and overtine coverage of the FLSA are also covered by the Equal Pay Act.
True
Funeral homes may offer "package" selections
True
If a funeral home is a sole proprietorship with the owner serving as the only employee, the funeral home would not be subject to OSHA requirements
True
One of the priorities the ADA list for owners of public accommodations or facilites is to provide access to the areas of the public accomodation where goods or services are made available to the public.
True
Which of the following is not one of the three specific OSHA standards which funeral directors are subject to?
Ventilation Compliance Standard
An instrument executed with required formality by a person making disposition of his property to take effect upon his death:
Will
Which of the following is not one of the three criteria of a professional as determined by the Department of Labor?
Work is vocational in nature
A law passed by a city which regulates the kind of building, residence, or business that can be built in different parts of the city:
Zoning Ordinance
A regulation dividing the municipality into geographical sections and specifying for eash such section the nature, character and use of building or occupancy with that section is defined as:
Zoning ordinance
