BOARDS ARTS QUESTIONS-SET #14

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

Written instruments drawn in a special form, which can be transferred from person to person as a substitute for money or as instruments of credit, are called

Negotiable instruments

A contract made by a person who is so intoxicated as to be unaware of the consequences is

voidable

A contract that may be legally rejected by at least one of the parties before it is executed is classified as:

voidable

Which of these statements is correct according to the FTC Funeral Rule about setting the prices of required packages? The total charge must equal the sum of each item included The total charge must be less than the total of each item included The total charge must be the same as other funeral homes' packages in the same market area The FTC does not set the prices, that is the funeral home's responsibility

The FTC does not set the prices, that is the funeral home's responsibility

The Johnson family owns two funeral homes. One is in the older part of the city and was started by their grandfather 60 years ago. The other is only 5 years old and is located in one of the newer suburbs. They are both incorporated under the same corporation document and all of the stock is owned by members of the same family. Which of these statements about the GPL is correct?

The GPL's must be different at each location

A court of original general jurisdiction is

a trial court

A contract which is based upon acts being done in consideration for a promise is called

a unilateral contract

A formal written command issued by a court of law

a writ

Criminal law is concerned with:

a wrong against the public as a whole

The FTC order that a funeral director cannot charge the consumer for a third party casket is an example of

administrative law

Which of the following terms are associated with filing suit in a civil action: 1- discovery 2- process 3- petition 4- answer

all of these

Which of the following terms means "related", as in related professions?

allied

An unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining:

alternative container

The right that one person has to use the property of another for a special purpose is known as

an easement

A lien or mortgage against real property is

an encumbrance

A permanent order, issued by a court, forbidding activities which would be detrimental to others is

an injunction

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

Failing to meet a contractual obligation other than failing to pay when the contract has been executed is called___.

breach of contract

The doctrine of stare decisis is concerned with

case law

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

Charge, fee or surcharge applied to consumers who purchase their casket elsewhere (from a source other than the price list/funeral provider:

casket handling fee

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

The body of laws concerned with the private or purely personal rights are

civil laws

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

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

common law

Laws that violates a person's rights to life, liberty, and the pursuit of happiness are found in

constitutional law

In reference to ethics, advice given to someone else to help them with a problem is termed:

counseling

For the average citizen, the most important courts of the state court systems are the

courts of original general jurisdiction

A heating process which incinerates human remains:

cremation

Laws that deal with crimes and punishments of wrongdoers

criminal laws

Common law is based on

customs

A disposition of human remains by cremation, without formal viewing, visitation or ceremony with the body present:

direct cremation

The right a minor has to avoid a contract is termed

disaffirmation

Usury is a term which refers to

excess interest

A contract whose terms have been fully carried out is

executed

A personal representative of the decendent appointed in the will to carry out the provisions of the will is called

executor

When with a family during an arrangement conference, it is good ethical practice to:

explain the variety of choices they make, then allow them to decide

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

The FTC Funeral Rule requires a minimum of ___ packages on the GPL.

four

The goods which are sold or offered for sale directly to the public for use in connection with funeral services:

funeral goods

The most positive sign of death is

generalized decomposition

Which of the following is a reason to have continued education in funeral service?

good for self improvement

Bailment in which the bailee does not receive any compensation is

gratuitous bailment

Ceremony commemorating the deceased at place of final disposition:

graveside service

Which of the following is considered to be a component of a funeral director's individual relationships?

his or her relationship with client family

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

holder in due course

Fidelity to moral principles is a definition of:

integrity

Mrs. Poppins dies without a will and her husband and four children go to a lawyer to find out who is entitled to her property. The lawyer informs Mr. Poppins that he will receive all of her property because they were legally married at the time of death. This is an example of

intestate succession

The failure to perform with the ability and care normally exercised by people in a profession is known as

malpractice

Statements required by the FTC rules which cannot be modified or edited and must appear in a clear and conspicuous manner:

mandatory disclosures

A ceremony commemorating the deceased without the body present

memorial service

The laws of the city councils are called

ordinances

Which of the following is an allied profession or service that a funeral director may need to work with? Organ donation Teamsters union Postal service Internal revenue service

organ donation

Any container which is designated for placement in the grave around the casket including, but not limited to, a container commonly known as burial vaults, grave boxes and grave liners:

outer burial container

All physical possessions that are not real property are classified as

personal property

The set of values, ideas and opinions of an individual or group is known as:

philosophy

The power to adopt laws for the protection of the public is

police power

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

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-conventional stage

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

the post-conventional stage

An ethical funeral director is expected to be knowledgeable and give factual representation of all of the following EXCEPT: Disposition of the deceased Funeral merchandise Funeral finance All of the various religions

All of the various religions

When a person dies without a will, Probate Court will appoint a person to settle the final affairs of the estate. The person receives ___ from the court as official proof that they have been authorized to manage the financial affairs of that intestate person.

Letters of Administration

If a funeral Home is located in a state that requires the funeral director to guarantee the Preneed Funeral Arrangement- it would be less risky for the FD to recommend that the family purchase an Insurance Policy. Which of the following types of Insurance Policies would be good for the purpose of being sure that the money is available to pay for the final disposition of the deceased loved one? 1- Term insurance 2- Whole life coverage 3- Universal life coverage 4- Limited-pay 5- Endowments

1, 2, 3, 4 & 5

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

1, 3, and 4 only

Which of the following are types of packages that are required by the FTC to appear on all GPL's? Automotive or Transportation Package Visitation and Funeral Package Direct Cremation Package Direct Burial Package 2 Only 2 and 3 Only 3 and 4 Only 1, 2, 3, and 4

3 AND 4 ONLY

The two essential element of a contract are 1. it must conform to the Statute of Frauds 2. it must be under seal 3. there must be an offer 4. there must be acceptance 1 and 3 1 and 2 2 and 4 3 and 4

3 and 4

Which of the following are examples of preneed price guarantees fees that may be used by the funeral home? Price Guarantee for Five Years $________. Price Guarantee for Ten Years $__________. Lifetime Price Guarantee $____________. All of these

ALL OF THESE

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

When a person dies with a will and he appoints a woman to settle his affairs after death, the person who settles his affairs is known as

An executrix

Funeral providers should recover the cost for fixed expenses, overhead for maintaining an office, the ability to respond to request for service, and arranging for final disposition in this FTC-required item:

Basic Arrangements of Funeral Director and Staff

Mr. Greenjeans has three children; Jill, Thorn, and Mary. In the final stages of his life, Mr. Greenjeans moves in with Mary and she takes care of him until he dies. When the will is read, to their surprise, Jill and Thorn have been removed from the will and all of the proceeds of the estate now go to Mary. Irate, Jill and Thorn go to a lawyer and challenge the validity of the will. This is an example of :

Contesting the will

In terms of commercial transactions, a _____________ is a person who sells goods for a commission.

Broker

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

FTC

Federal Trade Commission

The FTC, Bureau of Funeral Directing, OSHA, ADA, are all examples of

Police Powers

a deceased body belongs to the land where buried, and not to any person

Quasi-property theory means ___ .

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

Sale

An itemized written statement provided for retention to each person who arranges a funeral or other disposition. It must include the goods and service selected and prices paid for each, itemization of cash advance items and the total cost.

Statement of Funeral Goods and Services Selected

Inheritance

The estate which passes from the deceased to his/her heirs

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.

Trustee

Any individual, partnership, corporation, association, government or governmental subdivision or agency, or other entity has the right to be legally considered to be 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

In the state court, the chief officer is

the judge

At the completion of a prearrangement conference the family gives the funeral director $8550 to fund the services and merchandise at current prices. The agreement states that the money will be placed in a trust and any interest that accrues will be available to offset any increase in costs at the time of need. If the interest does not keep pace with inflation and costs at the time of need exceed the trust amount, additional funds will have to be contributed by the family. The family reserves the right to take back the money prior to the person's death if they change their minds in the interim. What type of arrangement has been made?

preneed arrangements, revocable trust, nonguaranteed contract

The party who appoints an agent is the

principal

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

Damages in excess of those required to compensate the plaintiff for the wrong done are

punitive

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

When making pre-need arrangements, a good ethical practice is to:

secure all funeral home records in a safe place

Defamation of character by spoken words or gesture is

slander

Parol evidence is

spoken words

The owners of a corporation are known as

stockholders

Funeral provider must give consumers who call accurate information from the price list and answer questions about offerings and process with readily available information:

telephone price disclosure