Funeral Service Law - step 1-4

The funeral director that has physical possession of a dead human body is said to have: Actual custody Contract custody Constructive custody Promise of custody

Actual custody

Of the following, who has the primary right of disposal, when the decedent is survived only by the following: Parent Executor Grandparent Adult child

Adult child

Of the following, who has the primary right to control final disposition of a body: Creditor Adult son Cousins State

Adult son

A funeral director is generally not responsible for accidents that occur: At a religious facility used for the funeral During the funeral home visitation or service At the place where death occurs At the cemetery

At the place where death occurs

A funeral director who has a dead human body in his possession is properly termed a (n) Assignor Bailee Assignee Custodian

Bailee

A person who gives possession of personal property to another but not title is a (n) : Bailor Assignor Assignee Custodian

Bailor

The next of kin who delivers the personal effects of the deceased to the funeral director, is properly termed a: Personal representative Legatee Bailor Testatrix

Bailor

The only non-declinable fee on the General Price List is the: Casket handling fee General facilities fee Basic service fee Embalming fee

Basic service fee

The state may exercise its right to disposal, if: They wish, at anytime There is an emergency warranting it There is no one else to do it Both there is no one else to do it and there is an emergency warranting it

Both there is no one else to do it and there is an emergency warranting it

Of the following, who has the primary right of disposal, when the decedent is survived only by the following: Brother Great Aunt Nephew A first cousin

Brother

The difference between a burial vault and a grave liner is: Grave liners are made from steel Both offer protection from the earth's load Burial vaults seal Grave liners seal

Burial vaults seal

Typically, which of the following is NOT a cash advance item: Casket Clergy honorarium Cemetery fee Certified death certificates

Casket

A monument erected to the memory of the deceased with the body not present is called a: Eulograph Epitaph Memorial Cenotaph

Cenotaph

A kind of urn decoration consisting of thin wires soldered to the unfinished urn's surface to create a design, filled with enamels and then fired is: Cloisonne Filigree Embossed Florentine

Cloisonne

A structure containing niches to hold cremated remains is called a(n): Mausoleum Cenotaph Columbarium Cremation Crypt

Columbarium

Which of the following types of mausoleums would be less expensive for the consumer: Community Private Garden Outdoor

Community

After a funeral director surrenders actual custody of a dead human body to another, under an arrangement for its disposition, the funeral directors custody is said to be: Constructive Primary Delegated Secondary

Constructive

Although a dead body is in one funeral home, another funeral home which has control of the final disposition is said to have: Constructive custody Contract custody Promise of custody Actual custody

Constructive custody

Where a decedent is at the funeral home, the party with the primary right of disposal is said to have: Quasi possession Constructive possession Actual possession Intangible possession

Constructive possession

The lawful rights and duties of the funeral director undertaking a funeral are those derived from statutory law and those arising from: Intestate succession Code of ethics Contract Probate act

Contract

In addition to the next of kin, the other person who can authorize a post mortem examination is the: Funeral director City clerk Coroner/ Medical examiner Sheriff

Coroner/ Medical examiner

If an entombed casket lies parallel to the crypt front, this is known as a: Couch crypt Parallel crypt Companion crypt Double crypt

Couch crypt

If there is no will, the property and holdings of a deceased person will be distributed according to law, and an administrator/personal representative will be appointed by the: Executor Funeral director Closest of kin Court

Court

Where there is no will, the property of a decedent according to law, will be distributed by an administrator appointed by the: Sheriff Police Coroner Court

Court

The biggest liability that a funeral home can incur with regard to cremation is: Cremating without proper authority Cremating the wrong body Misplacing the cremated remains Commingling cremated remains

Cremating the wrong body

A chamber in a mausoleum used to contain casketed remains is a: Niche Crypt Cenotaph Columbarium

Crypt

An opening for an individual casket in a mausoleum is called a: Niche Vault Crypt Tomb

Crypt

The written direction in the decedents will to be buried by a particular funeral director: Is legally binding on everyone except the state Cannot be modified by the survivors Is a contract that is only as enforceable as a pre-arrangement contract Does not give the funeral director a vested right

Does not give the funeral director a vested right

The right of disposal: Is always primarily with the state If exercised by the spouse includes the duty to pay funeral expenses Does not necessarily include the duty to pay funeral expenses Is a right by permission

Does not necessarily include the duty to pay funeral expenses

The requirement and type of OSHA regulated employee training is determined by the: Employee job description Mission statement Funeral home training procedures Funeral home personnel training policy

Employee job description

An inscription on a monument to commemorate the deeds or qualities of the deceased is a(n): Epitaph Eulogy Cenotaph Memorial

Epitaph

Of the following, which stone would be the most durable for a cemetery monument: Granite Slate Marble Sandstone

Granite

A cemetery that ensures that the burial site remains as natural and simple as possible is referred to a ____ cemetery Rural Abandoned Public Green

Green

To protect itself from liability in cremating the wrong body, the funeral home should: Talk the family into having a visitation Have the family sign a release Have a family member view the deceased for identification purposes Tell the family to contact a crematory directly

Have a family member view the deceased for identification purposes

A good business technique in funeral arrangements is to: Pre-sell Allow use of various credit arrangements Have a written contract Promise the family a meaningful service

Have a written contract

If a decedent specifies in his will that he should be buried by a specific funeral director: The funeral director must be compensated if his services are not used His wishes must be followed His wishes are not legally binding The will must be probated

His wishes are not legally binding

A grave space where two or more people may be buried in a grave liner stacked one on top of the other is known as a: Crypt Garden Mausoleum Lawn Crypt Community Mausoleum

Lawn Crypt

A grave space in which two or more persons may be buried in grave liners which have been stacked on top of one another is called a: Companion crypt Double crypt Lawn crypt Layered crypt

Lawn crypt

The price of an individual crypt or niche will largely depend upon: Construction Inscription Size Location

Location

Statements required by the FTC Rule, which cannot be modified or edited, and must appear in a clear and conspicuous manner is a(n): Mandatory disclosures Tort Immediate disclosures Non-declinable service fee

Mandatory disclosures

A surviving spouse: May be guaranteed a percentage of the probate estate, by statute May be guaranteed a percentage of the tangible property only, by statute Must be given something in the will or it will be declared invalid Will not be guaranteed any percentage of the probate estate by statute

May be guaranteed a percentage of the probate estate, by statute

A cemetery or section of a cemetery with only flush to the ground type markers is known as a: Rural park Garden cemetery Flush marker park Memorial park

Memorial park

A place where dead bodies are held pending identification is a: Mortuary Morgue Funeral home Cemetery

Morgue

A man dies leaving his mother, sister, ex-wife, and live-in girlfriend of 3 years arguing over who is to make the funeral arrangements. Who is the legal next-of-kin: Girlfriend Ex-wife Sister Mother

Mother

The primary duty of disposition rests with the: County Next of kin State Coroner

Next of kin

A party wishing to disinherit a member of his immediate family: Must leave a nominal sum ($1.00) Must specifically state why in the will Must at least mention the party by name None of the above

None of the above

Prior to cremation, consent for removing this item must be obtained: Hearing aid Pacemaker Tracheostomy tube Colostomy bag

Pacemaker

A party may not provide for the control of his property forever. The rules against this are referred to as rules against : Perpetuity Prosperity Adverse possession Perpetual gratuity

Perpetuity

An authorization to cremate should be signed by the: Executor Person paying the funeral bill Person with the legal right of disposition Spouse

Person with the legal right of disposition

A court having a regional jurisdiction over an estate is the: Court of claims Supreme Appellant Probate

Probate

The FTC Funeral Rule requires that the General Price List contain all of the following EXCEPT the: Casket price range Reason for embalming Charge for the hearse Charge for forwarding remains

Reason for embalming

When consulted by the family regarding the advisability of an autopsy, the funeral director should: Refer the family to a physician Encourage it Explain an autopsy in detail Discourage it

Refer the family to a physician

A pre-need contract may be terminated by the purchaser at any time before the death of the beneficiary, (with a refund of the money paid) is prescribed by state law as: Guaranteed Irrevocable Revocable Non guaranteed

Revocable

With regard to dead bodies the state has a: Secondary duty to dispose A primary duty to dispose Tertiary duty to dispose Limited duty to dispose in criminal cases

Secondary duty to dispose

An estate in which the assets exceed the liabilities is referred to as being: Solvent Intestate Per stirpes Testate

Solvent

Where a person dies from a communicable disease: He or she must be cremated He or she must not be cremated Special statutes may control the method of disposal No public funeral may be held

Special statutes may control the method of disposal

The secondary right to control final disposition of a deceased person rest with: Police Next of kin State A coroner

State

Which of the following is an example of administrative law: Unwritten law based on custom Supreme court decisions An act passed by the legislature State board decisions

State board decisions

The main part or upright portion of a monument is referred to as the: Tablet/Die Headstone Base Cenotaph

Tablet/Die

The person making a will is called the: Assignor Testator Beneficiary Executor

Testator

The person who executes his own will is called the: Distributor Testator Administrator Executor

Testator

A funeral director has actual custody of a dead human body when: He is notified to make the removal The removal car is on the hospital grounds The decedent has been placed on the removal cot The family signs the removal authorization

The decedent has been placed on the removal cot

If a family supplies an urn that was purchased at a different location, the funeral director can legally: Use a temporary urn Use the urn the family provided Charge a handling fee Refuse the urn

Use the urn the family provided

The mortician who undertakes embalming or restorative art services assumes the duty of performing such services: With the skill and care of an ordinary prudent mortician With ordinary skill and care Without error/mistake As an ordinary prudent man would

With the skill and care of an ordinary prudent mortician

If the consumer does not want to accept or look at the General Price List: You do not have to do anything else The consumer must sign a waiver You must inform them that they are required to accept a copy The consumer must sign an affidavit of refusal

You do not have to do anything else

A nun-cupative will is: A handwritten will A will with no cupa clause A legal faction designed to aid destitute families An oral will

An oral will

Clothes and jewelry given to the funeral director to be placed on the dead body are considered in law as: Unclaimed property Quasi-property Bailed property No property

Bailed property

The lower or supporting point of a monument is the: Die Base Foundation Tablet

Base

Which of the following represents an example of a signed agreement of an oral understanding: Types of flowers Request for military honors Musical selections Embalming authorization

Embalming authorization

One who is entitled to inherit property by law is a (n); Heir Administrator Assignee Executor

Heir

Detaining a body as security for a payment of a funeral bill is permitted: Never For 1 hour For 1 day Until the debt is acknowledged

Never

Which of the following is the largest subdivision of a cemetery: Lot Block Plat Section

Section

Which century has the highest cremation rate % in the United States? 20th 19th 18th 21st

21st

Financial assistance available for families of the deceased could be which of the following? 1 - Social Security Lump Sum Benefit 2 - Medicare 3 - Income Tax Benefit 4 - VA Burial Allowance 1, 2 and 3 only 1 and 4 only 4 only 1, 2, 3 and 4

1 and 4 only

An amendment to a will is called: A Bequest A Codocil A Testament A Devise

A Codocil

A gift, by will, of real estate is called: A bequest A testament A devise A codicil

A devise

Which of the following is true of the FTC: An outer burial container price list is not required A general price list must have all prices itemized Prices are initially discussed in the casket selection room A funeral home may require embalming in all cases

A general price list must have all prices itemized

A will is ineffective if: The testator has died A valid subsequent will revoked it It was not notarized The witnesses have died

A valid subsequent will revoked it

A funeral home that refuses to embalm the body of a person who has AIDS or another contagious disease has violated the standards of which agency? FTC UCC ADA OSHA

ADA

A proportional reduction of a legacy when there are insufficient funds or assets to pay it in full is a (n): Accretion Per stirpes Abatement Abandonment

Abatement

A state imposes a 3% tax on funeral merchandise. Services were $2000; the casket was $2250; the vault was $1600, for a total bill of $5850. What is the amount of tax collected by the funeral director: $175.50 $67.50 $115.50 $110.88

$115.50

A practitioner serves a family and provides both services and merchandise. The state requires the funeral home to pay 4% sales tax on merchandise. Prices are as follows: Services $ 2,000, vault $1,600 casket $2,250, for a total bill of $5,850. How much sales tax does the funeral director pay the state: $175.50 $67.60 $110.00 $154.00

$154.00

A director's casket sales for a week are as follows: $750.00 $900.00 $900.00 $1,175.00 $900.00 The mode is: $900.00 $750.00 $1,175.00 $925.00

$900.00

A driver who is under the control of a funeral director in a funeral procession is legally referred to as a(n): Private driver Common driver Agent driver Contract driver

Agent driver

In a cortege, drivers that are under the control of the funeral director are legally referred to as Contract drivers Volunteer drivers Livery drivers Agent drivers

Agent drivers

More people choose cremation today because _____. Families are more mobile It's less expensive It's the deceased preference All of the above

All of the above

Cremation is considered: Illegal if done to conceal a crime The most sanitary method of disposal Legal if done in a proper manner All of the these are correct

All of the these are correct

A testator to meet the standard of capacity for making a will must: Understand the nature of his property All of these Understand the extent of his property Have the mental capacity to know the natural object of his bounty

All of these

A dead body or corpse must be: The body of a human being Not entirely disintegrated All of these are correct Deprived of life

All of these are correct

Mutilation of a dead body include(s): Authorized embalming Unauthorized autopsy Unauthorized embalming All of these are true

All of these are true

Most crematories require that the remains be at least encased in a(n): Plastic body pouch Metal casket Wooden casket Alternate container

Alternative container

Embalming is mutilation: Always Except where the embalmer exercises skill and care Except when embalming is authorized If a mustache or beard are removed without permission

Always

The wishes of a decedent as to how his body should be disposed of: Are ignored Must be followed, by the law Must be followed by the executor Are given considerable weight, but are not conclusive

Are given considerable weight, but are not conclusive

A funeral director may discuss information on a death certificate ONLY with: Immediate family members of the deceased Newspaper reporters Their own family Friends of the deceased

Immediate family members of the deceased

An authorized exhumation may be initiated only: In the public interest and for certain private purposes Upon the request of the next of kin If the grave has been desecrated With the permission of the personal representative

In the public interest and for certain private purposes

The indefinite withholding of a body from burial: Is against the law in all states Is acceptable if the next of kin directed Maybe allowed for not longer than 21 years in certain cases May be allowable for scientific or commemorative purposes

Is against the law in all states

A dead human body: Is subject to replevin Is not property in a real sense May be insured May be held as security

Is not property in a real sense

The person who has the right to custody of a dead body is: The court appointed personal representative The oldest adult male child The brother of the decedent The person exercising the right of disposal

The person exercising the right of disposal

A commonly accepted theory regarding a legal status of a dead human body today is the: Property theory No property theory Strict property theory The quasi property theory

The quasi property theory

The primary right of disposal rest with: The surviving spouse if one exists The executor if named in the will The coroner The state

The surviving spouse if one exists