2. Law, FTC, Ethics (P2S)

Although a dead body is in one mortuary, the mortuary which has control of the final disposition is said to have Actual Custody Constructive Custody Promise of Custody Contract Custody

Constructive Custody

Civil Rights investigations are conducted by the

EEOC

The rule requiring certain contracts to be in writing is known as the Statue of Frauds Limitations Liberty Written Records

Frauds

The first civilization to enact funeral laws

Greeks

Mutual interpersonal expectations, relationships, and interpersonal conformity A. Kohlberg's Conventional Stage 3 B. Kohlberg's Pre-conventional Stage 1 C. Kohlberg's Post-conventional Stage 5 D. Kohlberg's Post-conventional stage 6

Kohlberg's Conventional Stage 3

Universal Ethical Principles A. Kohlberg's pre-conventional stage 2 B. Kohlberg's conventional stage 3 C. Kohlberg's post-conventional stage 6 D. Kohlberg's conventional stage 4

Kohlberg's post-conventional stage 6

Monster Mortuary, Inc. makes an offer to the owners of Local Funeral Homes to buy the entire company. The power to revoke the offer rests with

Monster, the offeror, only

Which of the following must be described in the GPL under the direct cremation required itemized price A. Direct cremation with a memorial service price B. The services and container provided for each price C. Direct cremation with the scattering of ashes price D. Direct cremation with embalming and visitation price

The services and container provided for each price

An embalmer wears a formaldehyde detection badge for 15 minutes during an embalming. The results of the test indicate formaldehyde levels at 0.76 ppm. Which one off the following statements would be true concerning these test results A. The test passed as the Action Level was reached B. The test failed as the Action Level was not reached C. The test failed as the Permissible Exposure Limit was reached D. The test passed as the Permissible Exposure Limit was not reached

The test passed as the Permissible Exposure Limit was not reached

Which of the following is NOT true regarding the use of facilities and staff for viewing itemized item? A. You must charge a flat fee for this item B. Your price for viewing should include charges for both services of staff and the facilities used C. You should not list two separate charges relating to a viewing D. If you provide staff services for viewing held at another facility, you should list a separate fee for such services

You must charge a flat fee for this item

Bill dies without a will and is survived by his wife and daughter. Bill left an estate of $80,000. Under the Uniform Probate Code, how much of the estate would go to the daughter

$15,000

White-collar employees must be paid a minimum of how much per week

$455

Civil rights violation investigations will determine whether there is a cause or no cause for action within what time frame 30 Days 90 Days 120 Days 180 Days

120 Days

The FTC Funeral Rule as enacted in what year A. 1964 B. 1974 C. 1984 D. 1994

1984

OSHA requires funeral homes to display this poster, which details workplace safety, in employees areas

2203

The age discrimination in employment act only prohibits discrimination against individuals over the age of

40

Employers are required to keep records of any civil rights actions for how long 4 Months 7 Months 6 Months 1 Month

6 months

To find criminal liability, most crimes require A specified state of mind or intent only The performance of a prohibited act only A specified state of mind and the performance of a prohibited act

A specified state of mind and the performance of a prohibited act

For forwarding of remains and receiving remains, the GPL should A. List one price for each of these items and describe all services you will provide for the quoted price B. Describe all services you will provide and itemize a price for each service C. You have the option to itemize each service or provide a single price for all services rendered D. The prices or these items do not need to include all charges related to each service provided, for example you do not need to include third party items in the quoted price

A. List one price for each of these items and describe all services you will provide for the quoted price

Peak professionals orders goods from Quick Stock Company. Peak plans to market the goods to consumers generally. Quick identifies the goods. Before they are shipped to Peak, an insurance interest in the goods exists in A. Peak and Quick, but not consumers generally B. Pea, Quick, and consumers generally C. Peak Only D. Quick Only

A. Peak and Quick, but not consumers generally

If you do not list the retail price of each casket on your general price list, you must prepare a separate printed or typewritten casket price list (CPL). The CPL must contain all of the following EXCEPT A. The name of your business B. The caption: "Casket Price List" C. The address of your business D. The effective date for the Casket Price List

Address of business

Under his uncles will, Bob was to receive his uncles car. Bob's uncle had never completely paid off the car, so Bob could not receive it under the will. This is an example of Abatement Ademption Escheat Excommunication

Ademption Abatement = Estate didn't have enough to cover expenses

Operators of Funeral Homes are Subject to Regulation by A. Federal Government B. State Government C. Local Government D. Both a & b E. Both a & c F. Both b & c G. All of the above

All

George is going on Medicaid. He has a revocable guaranteed trust that contains $3,000 for a casket, $5,000 for services and $2,000 for a mausoleum crypt. How much of this pre-need trust would be considered an asset by Medicaid? A. None, revocable guaranteed trusts are not considered assets B. $2,000 C. All of it would be considered an asset if it is revocable D. $4,000

All of it would be considered an asset if it is revocable

On a funeral contract, the funeral director must include mandatory FTC disclosures if the contract is

Also a statement of Goods and Services

Executor Administrator

An Executor is nominated within the Will of a deceased person. If there is no Will, an Administrator is appointed by a Court to manage or administer a decedent's estate.

Legislative act governing the donation of part or all of a decedent's body for the purpose of medical research

Anatomical Gift Act

Which of the following is not one of the four itemized prices considered minimal services? A. Basic services of funeral director and staff, and overhead B. Forwarding of remains to another funeral home C. Receiving of remains from another funeral home D. Direct Cremation

Basic services of funeral director and staff, and overhead FOUR items 1-4

Consideration in a contract could be: I. Personal property II. Money III. A promise of service IV. Misrepresentation A. II only B. I and IV only C. I, II, and III only D. I, II, III, and IV

C. I, II, and III only

Which of the following is NOT one of the special groups you are allowed to have an alternative price list Civic Organizations Children and Infants Government Agencies Religious Groups and Memorial Societies

Civic organizations

Clean Cremation Corporation operates a crematorium that accepts remains by Best Carrier Company from Central Mortuary, Inc. A release of the waste is discovered at the site, and the Environmental Protection Agency (EPA) cleans it up. The EPA can recover the cost of the cleanup from

Clean, Central Mortuary, or Best Carrier

Compensatory damages are normally assessed to A. Compensate a non breaching party for the loss of a bargain B. Establish, in the absence of a loss, that a party acted wrongfully C. Pay for harm caused by special circumstances beyond a contract D. Penalize a breaching party

Compensate a non breaching party for the loss of a bargain

In most jurisdictions, which one of the following would have paramount lability for paying funeral expenses

Decedents Estate

According to the OSHA formaldehyde rules, which one of the following conditions would necessitate retesting of formaldehyde levels Different embalming chemicals are used STEL levels at 0.75ppm

Different embalming chemicals are used

The FTC funeral rule states that, concerning cash advance items, funeral homes Can list the Cash Advance Items as one charge Cannot mark up Cash Advance Items Do not have to tell people how much they marked up Cash Advance Items Do not have to tell people they Marked up a Cash Advance Item

Do not have to tell people how much they mark up cash advanced items

Which of the following would NOT be considered a service to be included under the itemized item: Other preparation of the body A. Cosmetic Work B. Washing the body C. Disinfecting the Body D. Embalming

Embalming

Which one of the following statements about the fair labor standards act variable work week agreement would be true

Employee receives a base weekly salary, regardless of the hours worked

The manager of one of your branch funeral chapels would be considered which type of white-collar employee Administrator Commissioned Salesman Executive Employee Professional

Executive Employee

OSHAs blood-borne pathogen standard requires employers to describe all jobs and tasks that may cause employees to come into contact with blood or contaminated objects. This procedure is called Risk Evaluation Exposure Determination

Exposure determination

Under common law, who has paramount liability to pay for children's funeral expense? A. Fathers B. Grandparents C. Mothers D. The state

Fathers

Which of the following is NOT one of the reasons you can charge for embalming Federal law requires embalming State or local law requires embalming You have obtained prior approval for embalming from a family member or other authorized person You have no reason to believe that the family does not want embalming perormed

Federal law requires embalming

Which of the following is not one of the 16 goods and services that must be separately itemized on the general price list

Flower Car

The landmark case of Pettigrew v Pettigrew legally defined the

General rule of priority

A document which grants another the power to make medical decisions is a A. Power of Attorney B. Health Care Directive C. Letter of Transit D. Will

Health Care Directive

Friendly funeral home must use reasonable care on its premises to warn patrons of All Risks Hidden Risks Obvious Risks No Risks

Hidden Risks

A person who owns or controls the property where a death has occurred A. Agent B. Householder C. Next of Kin D. Paramount Avenger

Householder

Type of warranty that indicates merchantability of merchandise for sale Expressed General Implied Limited

Implied

With respect to the GPL, the price of the actual cremation of the deceased A. May or may not be included in your price for direct cremation B. If you use a crematory that someone else owns you must include the price of the cremation in your price for direct cremation C. The price of the actual cremation is always considered to be a cash advance item D. Direct cremation is not a required itemized price on the GPL

May or may not be included in your price for direct cremation

Which of the following is NOT one of the six disclosures required on your general price list A. Memorial service fee B. Embalming C. Basic services fee D. The consumer's right to select only the goods and services desired

Memorial service fee

The OSHA standard concerned with providing information on and averting parenteral injuries Bloodborne Pathogen Standard Formaldehyde Rule Hazardous Communications Standard Needlestick Safety and Prevention Act

Needle-Stick safety and prevention act "administered or occurring elsewhere in the body than the mouth and alimentary canal."

The health insurance portability and accountability act has which impact on funeral homes

No specific HIPPA regulations apply to funeral homes

Your funeral home regularly utilizes the services of a trade embalmer. The trade embalmer embalms the bodies in their own facility, uses their own equipment, and preforms embalming for other local funeral homes. Is your funeral home required to pay the trade embalmer an hourly wage

No they would be considered an independent contractor

At a removal, it is brought to your attention that the decedent has AIDS. Can you charge extra for the embalming of the decedent's body

No, ADA protects disabled peoples families

Which one of the following would be an exception to the FTC funeral rules prohibition against tying arrangements Automotive Fees Cash Advances Non-Declinable Basic Service fee Restoration Fees

Non-declinable basic service fee

Kay contracts to sell her casket business to Larry. Larry builds an addition to his funeral home in which to display the caskets. Kay's later attempt to cancel the contract is

Not effective because Larry has detrimentally relied on Kay's offer

Joy and Karl contract for the sale of Joy's prize-winning show dog for $1,000. Unknown to either party, the dog has died. Karl is

Not required to pay due to the mutual mistake

Landowner's use of property which interferes with another use of their own property

Nuisance

The overall management of a corporation is the responsibility of its Shareholders Officers Partners Board of Directors

Officers

John dies without a will. After administration of his estate, each of his 4 surviving children receive $1,000, while the 2 children of his dead son Bob receive $500 each. The distribution to John's children is an example of what type of intestate succession A. Abatement B. Attachment C. per Capita D. Per Stirpes

Per Stirpes

OSHA requires funeral homes to post which one of the following in areas where employee notices are normally posted

Poster 2203

The public accommodations aspect of the ADA has been less strict standards for buildings built After 1984 Prior to 1984 Prior to 1993 After 1993

Prior to 1993

A corporation owned by stockholders from the general public who are not part of a certain profession

Private Corporation

Under the Fair Labor Standards Act, which of the following may be denied overtime when working more than 40 hours per week A. Professionals B. Clerical Staff C. Administrators D. Both a & b E. Both a & C F. Both b & c G. None of the above

Professionals Administrators

The Americans with Disabilities act describes businesses providing goods and services to the public as Independent Venues Professional Businesses Public Accommodations Service Industries

Public Accommodations

Pre-need trusts that allow for the trust to pay the income tax on the interest Open Trust Qualified Trust Solvent Trust Taxation Trust

Qualified Trust

Jim dies and has no family. His estate would have primary liability to pay for his funeral based on the concept of which type of contract Express Implied Quasi Testamentary

Quasi "an obligation of one party to another imposed by law independently of an agreement between the parties."

The public accommodations aspects of the ADA states that barrier removal need not put undue strain on the finances and practices of the business. The ADA describes this as A. Readily achievable B. Mandatorily accessible C. Virtually Impossible D. Exorbitantly Expensive

Readily achievable

The FTC Funeral Rule requires that the GPL contain all of the following EXCEPT the: A. Casket Price Range B. Reason for embalming C. Charge for the hearse D. Charge for forwarding remains

Reason for embalming

Chamber specifically designed for the cremation of a dead human body A. Exhort B. Incinerator C. Processor D. Retort

Retort

The right of disposition that gives person with paramount right of disposition the power to bar others from attending the service Right to Burial Right to Choose Disposition Right to Control the Funeral Right of Custody

Right to Control Funeral

The legal requirements disclosure on the statement of funeral goods and services selected indicates you will explain, in writing, all of the following EXCEPT Legal requirements Service requirements Cemetery requirements Crematory requirements

Services requirements

A man dies, leaving behind his ex-wife, an adult son from a pervious marriage, a brother and both parents. Under the General Rule of Priority, who has the Paramount Right of Disposition

Son

The OSHA Hazard Communication Standard states that employers are required to keep documentation on which of the following Exposure to OPIM Formaldehyde Levels Orders of New Chemicals Spills of Hazardous Chemicals

Spills of hazardous chemicals

Jon is going on safari in Africa. He sets up a power of attorney that gives his daughter the power to handle all of his affairs, but only in the event that he does no return from the trip within a month. What type of power of attorney did Jon set up?

Springing General

The main source for funeral service regulation A. City Council B. Federal Government C. State Legislature D. Vatican Law

State legislature

Which one of the following classes of employee would be exempt from the minimum wage provisions of the FLSA

Student Workers

Best Practice Crematorium agrees to hire Melanie for one year at a salary of $500 per week. When Best Practice cancels the contract, Melanie spends $100 to obtain a similar job that pays $450 per week for a year. Melanie is entitled to recover A. The amount of wages promised by Best Practice B. The difference between the wages of the two jobs C. $100 D. No money E. A & C F. B &C

The difference between the wages of the two jobs $100

Funeral homes may be held liable for their aftercare programs if those programs are held out to be

Therapy

Which of the following is NOT true regarding the use of facilities and staff for a memorial service? A. The charge should include both the use of facilities and the staff services B. You should not list two separate charges relating to a memorial service, one for the sue of facilities and another for the staff services C. If you provide staff services for a memorial service at another facility, such as a church, you should list a separate fee for such services D. This is a charge for a commemorative service with the body present

This is a charge for a commemorative service with the body present

Which of the following is NOT one of the six areas that the funeral rule specifically prohibits misrepresentation Embalming Transportation Casket for direct cremation Preservative and protective Value Claims

Transportation

Which of the following is NOT one of the six disclosures required on your general price list A. The outer burial container price list B. Alternative containers for direct cremation C. Embalming D. Transportation service fee

Transportation service fee

A funeral home requires the purchase of one of their caskets before they will provide services. This type of requirement is called

Tying agreement

The rules of business transactions are contained in the Uniform Business Code Uniform Probate Code Uniform Commercial Code Uniform Traffic Code

Uniform Commercial Code

United Funeral Service employs Vic as a driver. While driving a United hearse within the scope of employment, Vic negligently causes an accident which Wendy is injured. Wendy can recover from United Only United or Vic Vic Only Wendy's Insurance Company Only

United or Vic

Which one of the following is NOT one of the FTC 16 mandatory goods and services Limousine Services and Facilities for Funeral Ceremony Transfer of Remains to Funeral Home Urn Price Range

Urn Price Range

Which of the following is NOT one of the required itemized prices on the GPL Use of facilities and staff for reception Transfer of remains to funeral home Use of facilities and staff for viewing Use of facilities and staff for funeral ceremony

Use of facilities and staff for a reception

Permit that allows a proposed building to be built in a zone that would not normally permit that type of structure Grandfather Clause Non-Compete Clause Non-Conforming Clause Non-Conforming use license Variance

Variance

At a graveside service, you line the pallbearers up to move the casket. Without instruction, the pallbearers move the casket to the grave. When putting the casket down, one of the pallbearers falls into the grave, injuring themselves. Can the funeral home be held liable for the injury?

Yes, no instruction was given to the pallbearers

At a funeral, your limo breaks down. You ask the pastor if he would drive the family to the cemetery in his own car, making sure to describe the route to the cemetery and instructing him to follow the coach. Along the way, the pastor runs into an abutment, injuring the passengers. Could the funeral home be held liable for the pastors accident?

Yes, the pastor was an agent driver

Which of the following is NOT true regarding the use of facilities and staff for a funeral ceremony A. You must list two separate charges relating to a funeral ceremony, such as one for the facilities and another for the staff B. The charge for a funeral ceremony, is referring to a commemorative service with the body present C. The charge for a funeral ceremony at the funeral home should include both the use of facilities and the necessary staff services D. If you provide staff services for a funeral ceremony at another facility, such as a church, you should list a separate fee for such services

You must list two separate charges relating to a funeral ceremony, such as one for the facilities and another for the staff

The cash advance items disclosure on the statement of funeral goods and services selected says if you charge for purchasing a cash advance item, or if you receive and retain a rebate, commission, or trade or volume discount for a cash item A. The is your privilege as a funeral home operator B. You must make the following statement: "We charge you for our services in obtaining: (specify cash advance item). C. You must make the following statement: We charge you for our services in obtaining cash advances, but you do not need to specify the item D. You must make the following statement: We charge you for our services in obtaining cash advances; this statement may be located anywhere on the statement as long as it is present

You must make the following statement: We charge you for your services in obtaining (specify cash advance items).

Which of the following is NOT true regarding use of equipment and staff for graveside service? A) The separate charge for a graveside service is intended for those situations where there is no funeral ceremony at the funeral home or elsewhere B) Your charge for this service does not need to include both staff services and any equipment you may provide (such as tent and chairs) C) If your charge for a funeral ceremony normally includes a committal service at the grave following the funeral, you can continue this practice, or you may offer a separate charge for a committal service following a funeral ceremony D) You should not list two separate charges relating to a graveside service, one for equipment and another for staff services

Your charge for this service does not need to include both staff services and any equipment you may provide (such as tent and chairs)

Municipal ordinances dictating types of building usage within particular geographic areas of municipality Building Codes Easement Ordinances Usage Laws Zoning Regulations

Zoning regulations

Universal ethical principles Kohlberg's pre-conventional stage 2 Kohlberg's conventional stage 3 Kohlberg's post-conventional stage 6 Kohlberg's conventional stage 4

Kohlberg's post-conventional stage 6

Generally refer to man-made rules and regulations that govern society and are concerned with conduct A. Laws B. Ethics C. Expectatiions D. Code of Ethics

Laws

Billy receives a painting and some jewelry from his mothers estate. Billy would be which type of heir? Devisee Beneficiary Legatee Testator

Legatee Beneficiary- a person entitled to any part or all of an estate. Legatee- a person designated by a will to receive a transfer of personal property. Devisee- a person designated by a will to receive a transfer of real property.

A funeral home would have how many days to return any payments if a valid cancellation of a door-to-door sale was received A. 5 business days B. 10 business days C. 15 business days D. 20 business days

10 business days

If the 8-hour TWA is________, the employer has exceeded the action level and is required to take certain remedial steps .5ppm 2ppm .75ppm 1ppm

.5ppm ACTION LEVEL

Which of the following types of pre-need vehicles is NOT considered an asset by Medicaid/SSI Guaranteed Irrevocable Non-Guaranteed Revocable

Irrevocable

Which one of the following is not part of a variable workweek agreement? A.it is easy to administer and determine the employee's regular hourly rate B. It must be in writing and signed by the employee C. It guarantees the employee a base weekly salary regardless of hours he/she worked D. The employer is permitted to pay halftime for overtime

It is easy to administer and determine the employee's regular hourly rate