Legal and Regulatory Compliance

Requirements for a valid offer must include: 1 - definite time 2 - acceptance 3 - definite intent 4 - seriously intended

1,3,4

An individual who brings together contracting parties is called

A Broker

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

A material fact

A life insurance policy in which premium payments continue to death or until age 100, whichever occurs first, is

A whole-life policy

When a dead human body is in the mortuary, the funeral home is said to have

Actual Custody

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)

All of these

A gift of personal property received through a will is a

Bequest

The right to declare dividends depends upon the discretion of the

Board of directors

Not necessarily stated but held to be true by most citizens of the United States is the right to a:

Decent burial

The right a minor has to avoid a contract is termed

Disaffirmation

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:

Escrow

Which of the following is a fee that a funeral home could charge?

Estate Claims Fee Insurance Processing Fee

If the FTC Funeral Rule will not allow the amount of a Cash Advance item to be left blank on the Statement of Funeral Goods and Services Selected, what should the Funeral Director do?

Estimate the Cost of the Cash Advance Item.

Which of these mandatory disclosures is written correctly?

Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial.

A charge against another's property as security for a debt or claim is

Lien

A partnership in which one's partner's liability is limited to a capital contribution only is a silent partnership limited partnership nontrading partnership general partnership

Limited Partnership

An agent owes which of the following duties to his principal?

Loyalty and good faith

The failure to perform with the ability and care normally exercised by people in the profession is known as specific performance malpractice negligence accession

Malpractice

A reason or desire that acts as a catalyst to spur one to a specific action is called a/n

Motive

Another term for autopsy is

Necropsy

Does a funeral home have to identify on the Casket Price List the manufacturer of each casket which it offers for sale?

No

Does every item of service and merchandise which a funeral home offers for sale have to be listed on the GPL?

No

May a funeral home have a burial casket price list and a separate cremation casket and container price list?

No

May a funeral home make its own minor revisions to the wording of the mandatory disclosures required by the Funeral Rule?

No

May a funeral home refuse to serve a particular ethnic group because of its tradition of holding boisterous and unruly visitations?

No

What would the death of a minority stockholder (a person holding only a small number of the total shares of the company) due to that company?

Nothing

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.

One year

Which of the following is an ethical obligation that a funeral director owes to his professional association? No need to attend regular meetings Non-participation Let other members do all the work Participation

Participation

All of the following would be considered components of an ethical funeral directors employer-employee relationship EXCEPT: personal appearance continuing education training the employee's religious background

Personal Appearance

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

If a person considers universal moral principles to supercede the authority of the group, he or she is complying with which of Kohlberg's stages of moral development?

Post-conventional stage

Kohlberg's stage of moral development in which the individual is characterized as not understanding the rules or feeling a sense of obligation to them:

Pre-moral Stage

A funeral home's family car is considered a

Private carrier

Corporations formed by individuals to perform some non-governmental function are called

Private corporations

The passing of title from seller to buyer for a price is called a:

Sale

A contract in which two or more people individually agree to perform the same obligation is called a

Several Contract

Endorsements of commercial paper include which of the following? 1. warranted endorsement 2. blank endorsement 3. qualified endorsement 4. restrictive endorsement

blank endorsement qualified endorsement restrictive endorsement

A dead human body used for anatomical study is a

cadaver

The doctrine of stare decisis is concerned with

case law

The major source of mortuary law is

common law

The most positive sign of death is

decomposition

All of the following ethical standards apply to the deceased while under the care of the funeral home or embalming service EXCEPT: there should be concern for the dignity of the deceased body embalming should be completed as quickly as possible without regard to proper case analysis confidentiality and privacy policies should be maintained thoroughness in the preparation of the body

embalming should be completed as quickly as possible without regard to proper case analysis

Which of the following is considered to be a component of a funeral director's individual relationships? his or her relationship with family his or her relationship with a florist his or her relationship with the clergy his or her relationship with the military

his or her relationship with family

Fidelity to moral principles is a definition of

integrity

A newspaper advertisement can be an offer if it shows

intent

In the state court, the chief officer is

judge

Caveat Emptor means

let the buyer beware

All of the following would be considered fiduciary components of pre-funded funeral arrangements EXCEPT: the commissions associated with the arrangements disclosures maintaining the privacy and security of the arrangements determining the funding methods

maintaining the privacy and security of the arrangements

In recognizing ethical standards in his/her professional responsibility to the press, the funeral director:

must exercise discretion in releasing confidential information

Basic services is the only fee which the consumer cannot decline. Funeral provider should recover expenses for services, facilities or unallocated overhead in this charge:

non-declinable fee

An oral will stated to a witness is a

nuncupative will

Any individual, partnership, corporation, association, government or governmental subdivision or agency, or other entity:

persons

You receive an offer in the main containing no stipulations as to the acceptance, and you decide to return your acceptance by mail. The agreement is complete when the acceptance is

placed in the mail by the offeree

Kohlberg's stage of moral development in which moral reasoning is based on reward and punishment from those in authority is the: pre-moral stage pre-conventional stage conventional stage post-conventional stage

pre-conventional stage

The consideration of an insurance policy is

premium

The party who appoints an agent is the

principal

The ethical funeral director should:

provide professional service to all who seek it

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

When making pre-need arrangements, a good ethical practice is to: leave most spaces blank so the funeral director can make any changes needed make changes to the final agreement after the family has left give all documentation to the press secure all funeral home records in a safe place

secure all funeral home records in a safe place

Parol evidence is

spoken words

Ownership of corporate stocks is represented by

stock certificates

A sale is different from a contract to sell in that in a sale

the title and the item are transferred upon completion of the transaction

A court of original general jurisdiction is

trial court

A contract is a legally enforceable agreement between

two or more legally competent persons

A probate court is concerned with

wills

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

Cashiers Check

A declaration or public statement of professional standards of wright and wrong conduct - subscribed to by the members of an association - defines a(n):

Code of ethics

An addition or modification of a will is known as a

Codicil

Customs which have come to be recognized by the courts as law describes

Common law

Which of the following is a desirable characteristic of an ethical funeral director?

Compassion

A principal owes which of the following duties to the agent? obedience compensation loyalty and good faith accounting

Compensation

A document which defines the relationship of the government itself and of its citizens is common law the uniform commercial code a constitution civil law

Constitution

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 contract whose terms have been fully carried out is

Executed

A contract in which the terms have not been fully performed by all the parties is said to be

Executory

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 advance free future handling fees

Free

A service commemorating the deceased with the body present:

Funeral ceremony

Goods of a homogenous nature which are sold by weight or measure are known as

Fungible goods

A printed or typewritten list of goods and services offered for sale by a funeral provider with retail prices:

General price list

Bailment in which the bailee does not receive any compensation is

Gratuitous Bailment

Parties who acquire rights superior to those of the original owner are known as

Holder in due course

When the buyer makes a selection of goods which are to be purchased from the seller, the goods are classified as

Identified Goods

A disposition of human remains by burial, without formal viewing, visitation or ceremony with the body present, except for a graveside service:

Immediate burial

Property rights consisting merely of evidences of ownership of property, such as copyrights, checks, notes and stocks are

Intangible Personal Property

A person who dies leaving a valid will is called a

Testator

The law whose purpose is to compensate the aggrieved, not to punish the wrongdoer is

Tort Law

A partnership engaged in the buying and selling of merchandise is a(n)

Trading Partnership

Exist when a seller requires the purchase of unwanted items/services in order to obtain the desired item/service.

Tying Arrangements

Beliefs that are held in high esteem and become the rule and guide for your life are: rules laws values norms

Values

A contract made by a legally declared insane person is

Void

A contract in which undue influence was proven is considered

Voidable

May a funeral home have a fee for obtaining DC's outside of its normal business area?

Yes

May a funeral home incorporate only a portion of its basic service fee in its charges for direct cremation, immediate burial, forwarding or remains and receiving of remains?

Yes

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 lists 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

A federal court of appeals is

an appellate court

A lein or mortgage against real property is

an encumbrance

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

When dealing responsibly with the media, an ethical funeral director should:

be discrete in the information he or she releases