DEAD Legal And Regulatory
Which of the following should be discussed in the funeral arrangements conference
-alternatives to the traditional funeral -general price list -vital statistics
The goods which are sold or offered for sale directly to the public for use in connection with funeral services:
funeral goods
Any person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public
funeral provider
How may a funeral home legally charge an extra fee for Transfer of Remains to the Funeral Home for bodies over 450 pounds?
list the excess fee on the GPL, explain why on the Statement of Funeral Goods and Services Selected
An agent owes which of the following duties to his principal?
loyalty and good faith
All of the following are fiduciary components of pre-funded funeral arrangements EXCEPT
maintaining the confidentiality and security of the arrangement details
The failure to perform with the ability and care normally exercised by people in a profession is known as
malpractice
Ceremony commemorating the deceased without the body present
memorial service
Another term for autopsy is
necropsy
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?
newspaper notices
The set of values, ideas and opinions of an individual or group is known as:
philosophy
With personal effects of a deceased in his possession, the ethical funeral director should NOT
place them in a bag and leave them in the preparation room
Kohlberg's stage of moral development in which moral reasoning is based on reward and punishments from those in authority is the:
pre-conventional stage
The Magnuson Moss Act is concerned with
product warrantees
Which of the following is considered unethical practice for a funeral director?
publicly demeaning a competitor
If a person dies and next of kin cannot be located in a day or two, preservation of the remains is necessary. The availability of ___ would eliminate unauthorized embalming being allowed due to exigent circumstances
refrigeration
To cancel or annul or void a contract is to
rescind
If a family initially calls Funeral Home A to remove and hold a body, then changes their mind to use Funeral Home B, Funeral Home A must
respect the bereaved family's choice of a funeral establishments
Courts that have exclusive jurisdiction of bankruptcy matters, claims against the United States, and patent and copyright cases are defined as
special federal courts
Laws enacted by legislative bodies are
statutes
A document filed with the Secretary of State in which a corporation wishes to operate detailing the major components of the company:
Charter
The term "_________________" is used in governmental correspondence when referring to the FTC
Commission
Fidelity to moral principles is a definition of
Integrity
Which of these is classified as a necessary expense when settling an estate?
Medical bill
The power to adopt laws for the protection of the public is
Police power
The court that has jurisdiction over matters relating to estates is known as
Probate Court
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 establishment
Which funeral home document required by the FTC contains just three mandatory disclosures. These disclosures state that the client family will only be charged for the items that they selected, that embalming is not required by law and is not necessary for all types of services, and that if you take rebates or discounts on cash advance items that you charge for your services in obtaining those items.
Statement of Funeral Goods and Services Selected
Which of these statements is correct according to the FTC Funeral Rule about setting the prices of required packages?
The FTC does not set the prices, that is the funeral home's responibility
Match the term with the appropriate definition Inheritance
The estate which passes from the deceased to his/her heirs.
A contract made by a person who is intoxicated enough to be uncertain of the consequences at the time the contract is made is:
Voidable
If the family takes issue with the fact that a legal will states that the money and assets of the deceased should be divided equally among the heirs and they ask the funeral director what they can do about that. The funeral director should tell them
to consult an attorney.
Which of these items is included in the package called Receiving Remains From Another Funeral Home?
transportation from closest airport
A contract is a legally enforceable agreement between
two or more legally competent persons
A contract which is enforceable by the courts is
valid
Beliefs that are held in high esteem and become the rule and guide for your life are:
values
Mutual mistakes as to the existence of the subject matter renders a contract
void
A contract that may be legally rejected by at least one of the parties before it is executed is classified as:
voidable
According to the Federal Trade Commission, may a funeral home list a separate fee on its GPL to conduct an identification prior to cremation
Yes
May a funeral home list a separate fee on its GPL to conduct an identification prior to cremation
Yes- Depending on the State!
A person receiving a gift of real estate in a will is
a devisee
Criminal law is concerned with:
a wrong against the public as a whole.
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
abatement
Mr. Bowinkle dies without a will and his son Jon is appointed by the courts to handle the affairs of the estate. Jon is an example of
administrator
The legal status of a dead human body known as the "quasi property theory" is
always used in this country
A rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic or like material:
casket
An addition or modification of a will is known as a
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
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
A breach of contractual obligation other than failing to pay when the contract has been executed is called___.
default
Which of the following should NOT be discussed in the funeral arrangements conference?
educational problems at local schools
All of the following ethical standards apply to the deceased while under the care of the funeral home or embalming service EXCEPT
embalming should be completed as quickly as possible without regard to proper case analysis
Which one of the following is not a member of an allied profession, allied to the funeral profession?
Attorney
If you have obtained verbal permission to embalm and the family subsequently chooses a service which does not require embalming, legally:
you can not automatically charge for embalming.
A printed or typewritten list of goods and services offered for sale by a funeral provider with retail prices:
General Price List
A person below the adult age is
a minor
The substitution of a new party in a contract for the original party who is to perform the contract is called?
novation
Which of these charges can be quoted on a statement of funeral goods and services selected at the time of arrangements, but may be changed when the final bill is calculated after the funeral has been sold.
opening the grave
Ownership of corporate stocks is represented by
stock certificates
When a judge wants you to appear in front of her court for a minor offense she will issue a:
summons
The family must give permission for embalming to occur at all,_____ and _______permission in order to be obligated to pay for it
verbal . . . written
Which of these funeral home charges, according to FTC, is nondeclinable
Basic Arrangements
A gift of personal property received through a will is a
Bequest
In regard to an ethical funeral director's relationship with competitor's, which of the following is considered a proper goal?
Cooperation
All of the following would be considered part of a funeral director's individual/ personal ethics EXCEPT:
Membership in Professional organizations
To read the charge of an indictment is
To arraign
One who receives possession of another's property for sale on comission is
a broker
Orders and decrees from governmental agencies which have the force of law is considered
administrative law
When a buyer takes actual possession of goods which have been offered for sale, this action is called
an acceptance
An order, issued by a court, which can be either preliminary, temporary, or permanent ,which forbids or requires a specific performance is ___.
an injunction
If a funeral director receives the remains from another funeral home and the conditions are below standard, he/she should
attempt to make the remains presentable before viewing
A charge, fee, or surcharge applied to consumers who purchase their casket elsewhere (from a source other than the price list/funeral provider) is called:
casket handling fee
Parties who acquire rights superior to those of the original owner are known as
holder in due course
The method of dividing an intestate estate where a class or group of distributees take the share which their deceased ancestor should have been entitled to, and not as individuals is distribution
per stirpes
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:
post-conventional stage
Which of the following would be a violation of the Funeral Rule if the Funeral Director did not give full disclosure to the family?
All of these would be a violation.
When a person dies with a will and she appoints a man to handle her final affairs, this person is known as
An Executor
Which of the following is not a member of a profession allied to the funeral profession?
Attorney
Match the term with the appropriate definition Trustee
One who holds a position of trust to a beneficiary; as a funeral director is to a client who makes and funds their pre-arrangements.
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 check
Any individual, partnership, corporation, association, government or governmental subdivision or agency, or other entity has the right to be legally considered the same as:
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
As an ethical funeral director, when choosing a source of caskets, the most important qualification of the manufacturer should be:
a strong policy of up-holding their warranty
Price list which may be prepared for use in certain limited situations such as children/infants, for government agencies to provide for indigent persons
alternative price lists
Price lists which may be prepared for use in certain limited situation such as children/infants, for government agencies to provide for indigent persons:
alternative price lists
According to the FTC, how often may a funeral home change its GPL?
as often as it wants to
A gift of personal property received through a will is a
bequest
Law which is concerned primarily with those rules of conduct involving financial transactions between individuals or legal entities is
business law
Printed or typewritten list of the casket and alternative containers normally offered for sale by the funeral provider which do not require special ordering:
casket price list
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 ethics
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
free
Which of the following is classified as movable personal property?
furniture
Bailment in which the bailee does not receive any compensation is
gratuitous bailment
Which of the following is considered to be a component of a funeral director's individual relationships?
his or her relationship with client family
Which of these acts is illegal?
holding a body until the bill is paid
Printed or typewritten list of grave liners and vaults normally offered for sale by the funeral provider which do not require special ordering:
outer burial container price list OBC PL
A family purchases a casket from a casket retailer. Where does the Handling Charge for use of that casket show on the Statement of Funeral Goods and Services Selected?
there may be no such fee charged, does not show on SFGSS.
Which of these situations does NOT require that the funeral home give a person the GPL or information contained in it?
when a funeral director is at a social gathering and someone asks for one
ABC funeral home has a normal service area of 25 miles. The Greenjeans family has requested ABC Funeral Home personally obtain additional copies of Mr. Greenjeans' Death Certificate weeks after the original was filed. The certificate is filed with a registrar 50 miles away from ABC funeral home. The funeral director should charge the family (as profit for the funeral home) for which of the following: Each certified copy of the Death Certificate requested A fee for traveling to obtain the copies outside of ABC's normal service area
2. A fee for traveling to obtain the copies outside of ABC's normal service area -You cannot charge for death certificates as a way to make a profit for the funeral home. They are a cash advance which means there is no markup. You are reimbursed by the person who wants the copies, again no funeral home profit.
