Mortuary Law FINAL

Private

A cemetery owned and operated by a religious group would be considered a _____ cemetery.

1 and 2 only

A gift of personal property, in general, made by a will is called 1. legacy, 2. bequest, and/or 3. devise.

Devise

A gift of real estate made through a will is called a( n )

True

A householder, or person in control of a premise on which a death has occurred, has a duty to see that the proper authorities are notified of the death and that the decedent receives a decent burial. True or False?

True

A major source of mortuary law today is derived from the body of largely unwritten law called common law. True or False?

Administrator

A man who is appointed by the courts to oversee the estate of a deceased person is properly called a/an

Executor

A man who is named in a will to oversee probate of a will is properly termed a/an

Testator

A man who makes a valid will is called a/an

Reinterment within the same cemetery

A permit to disinter is not required by the government in which of the following cases?

True

A person in charge of the final disposition of a dead human body has the right to exclude certain persons from attending the funeral services, if these services are held in a private establishment. True or False?

False

A person in charge of the final disposition of a dead human body is under a legal obligation to notify immediate family members and friends that that person has died and to disclose all funeral arrangements. True or False?

Abatement

A proportional reduction of a legacy when the funds out of which the legacy is to be paid are NOT sufficient to pay it in full is called

True

A spouse may lose the legal right to control the final disposition of one's husband or wife should the spouses become separated or estranged prior to death. True or False?

True

A spouse will legally lose the right to control final disposition of one's husband or wife when the spouses are legally divorced. True or False?

True

A surviving spouse is generally held to have a paramount duty and right of disposition of a deceased husband or wife. True or False?

Not under the direct control of the funeral director.

A volunteer driver is

Holographic will

A will composed in the handwriting of there person executing the will is called a/an

Revoked

A will may be _____ at any time during the life of the testator:

Administratrix

A woman who is appointed by the court to oversee the distribution of an estate is properly termed a/an

Testatrix

A woman who makes a valid will is called a/an

The religious affiliation of the son

ALL of the following may be considered acceptable by a court when determining the "reasonableness" of funeral charges EXCEPT Select one: A. The customs of the local community B. The religious affiliation of the son C. Statutes, ordinances, rules or regulations D. Requirements of a fraternal organization to which the deceased was a member

Solvent

An estate which is ABLE to pay all of the decedent's debts and claims against the estate is called

Legatee

An individual who inherits personal property through a will can be referred to as a/an

Nuncupative will

An oral will made by a dying person from his/her death bed in the presence of witnesses is called a/an

True

An organ donor has the right to change his or her mind and revoke this anatomical gift anytime prior to one's death. True or False?

True

Courts may sometime side with the personal wishes of the deceased concerning disposition, even against the desire of the surviving spouse. True or False?

True

Courts will give the personal wishes of a decedent regarding one's own disposition utmost consideration, especially if such wishes are provided for in a recent written will. True or False?

False

Currently a dead human body as it relates to property is the no property theory. True or False?

True

Custody of a dead human body may be had only for the purpose of disposing of it in a proper manner and within a reasonable period of time. True or False?

True

Every human being is entitled to a decent or Christian burial. True or False?

Primary

Funeral expenses are _____ claims against the decedent's estate.

Terms, prices, conditions

Funeral providers are required to give price information over the phone whenever a caller inquires about the _____, _____, or _____ of funeral goods or funeral services.

Actual custody

Having physical possession of an object of property is called:

Falseq

If a dead human body is wrongfully being held by a party, the best legal remedy is to file for and be granted a writ of replevin which demands the return of the illegally held body. True or False?

False

If a funeral director has a question as to which person has the paramount right and duty to control disposition of a particular dead human body, the funeral director should hold the body and not effect its disposition until the proper authorities have determined who had the right to control arrangements, and this person has authorized the disposition arrangements. True or False?

Per capita

If a person dies intestate and the spouse is also deceased, but all of the children are alive, the property WOULD BE distributed

Escheat

If no living heirs of a decedent can be found or come forward, the assets of a decedent will pass to the state through the power of

Hold the body, either embalmed or under refrigeration, until the person with the right of disposition has been determined

If there is a question as to the identity of the legal next-of-kin, the best course of action for the prudent funeral director would be

True

In a situation where the only next of kin of a decedent are his father and a brother, and assuming both parties are legally competent, the father would normally have more right to control the funeral arrangements than would the deceased's brother. True or False?

False

In a situation where the only surviving next of kin of a decedent are his father and his son, and assuming both parties are legally competent, the father of the decedent would normally have more right to control the arrangements for final disposition than would the decedent's son. True or False?

Codicil

In addition or modification to a will is called a/an chattel

Not considered a nuisance per se

In most cases, a funeral home in a residential area is _____.

The local city, county or state government

In the event that there is NO surviving spouse or next-of-kin, the right of disposition will fall upon a secondary party which is Select one: A. The decedent him or her self B. A friend or co-worker C. The funeral director chosen to provide services D. The local city, county or state government

When the funeral provider, after unsuccessfully attempting to contact the consumer in charge of arrangements for embalming permission, proceeds with the embalming and the consumer subsequently does not approve

In which of the following circumstances may a funeral provider NOT charge a consumer for embalming? Select one: A. When state or local law requires embalming B. When the consumer expressly authorizes the embalming procedure C. When the family selects a funeral service with viewing and funeral establishment has a policy which requires the body be embalmed when there is to be viewing D. When the funeral provider, after unsuccessfully attempting to contact the consumer in charge of arrangements for embalming permission, proceeds with the embalming and the consumer subsequently does not approve

Each of these scenarios are correct

In which of the following circumstances would a court likely permit the disinterment of deceased human remains to be performed? Select one: A. Each of these scenarios are correct B. When the cemetery has been abandoned and the grounds are not being maintained C. To move remains when it is learned that the body was interred in the wrong grave space D. When the body was interred by a party not having the paramount right of disposition and the rightful party wishes to move the remains to a new location

In an area zoned for residential homes

In which of the following circumstances would a party most likely NOT be allowed to establish a new funeral establishment:

True

It is still possible to arrange and to conduct a full traditional funeral, with the body present, when the method of final disposition is through body donation. True or False?

True

It would be possible for one party to have the duty of disposition, another party to have the right of disposition, and yet a third to be liable for payment of funeral arrangements. True or False?

All of these

Mental anguish for the family might be caused by which of the following actions: Select one: A. Not placing an item in the casket just prior to closing the casket, as the family had requested B. Throwing garbage on top of the deceased C. Leaving a casket askew and open at the bottom of the grave D. All of these E. Intentionally not disinterring a body for which disinterment had been contracted and paid

All of these scenarios are possible ground for mental anguish

Mental anguish for the family might be caused by which of the following actions? Select one: A. All of these scenarios are possible ground for mental anguish B. Not placing specified personal items in the casket as requested by the family C. Leaving the casket open when the family requested a closed casket D. Intentionally not disinterring a body for which disinterment had been contracted and paid

True

Mortuary laws are designed to help protect the general public, the funeral director, the family members, and the deceased. True or False?

General Price List

The FTC requires a funeral establishment to give a consumer or prospective consumer for their retention a

False

The bones of a skeleton constitute a dead human body in the eyes of the law. True or False?

True

The captain of a ship has the authority and right to order a burial at sea should s/he deem it necessary for the safety and welfare of the ship's crew and passengers. True or False?

Clinical death

The cessation of life and the absence of all vital signs; the total cessation of circulation of the blood and the functions of respiration. This is the definition of

Right of disposition

The claim to the custody of a dead human body and the freedom to choose the nature of the ceremony and the method of disposition of the decedent refers to the:

Each of these scenarios would be an acceptable reason to contest a will

The condition in which a person dies without leaving a valid will is termed

Testate

The condition whereby a person dies leaving a valid will is called

Quasi-property theory

The currently accepted theory in the U.S. legal system in regards to the status of a dead human body as property is the

True

The dust of a long dead human body is not considered t be a corpse I the eyes of the law. True or False?

Ademption

The extinction or withdrawal of a legacy by an act equivalent to revocation is called

Agency

The mortician's liability for injury which occurs during a funeral procession depends upon the creation of a legal relationship know as:

The duty of disposition

The obligation that is imposed by law to see to the disposal of a dead human body and to do it in a proper and satisfactory manner refers to

At the moment death occurs

The person who has the right of disposal has custody of the body beginning

False

The personal wishes of the decease, in regards to one's own disposition, will always be followed, even if such wishes are contrary to the wishes of the surviving spouse. True or False?

True

The requirement by certain states that funeral directors and embalmers be licensed by a state licensing authority is an example of the police power of that state. True or False?

Distribution per capita

The type of distribution of an estate in which all of the heirs are of EQUAL degree of kinship and all the heirs receive an equal portion of the estate is called

Distribution per stirpes

The type of distribution of an estate in which the heirs are of UNEQUAL degrees of kinship and the varying degrees of kin receive unequal portions of the estate is called

Joint tenancy

The type of ownership where the property is owned by two or more persons, in equal shares, and the right of survivorship exists is called:

Actual

When a man has physical possession of his wife's dead body, he is said to have _____ custody.

Constructive

When a person DOES NOT have physical possession of a dead human body, but this person has the right to demand the return of the body from another party who has physical possession of the dead body, this person is said to have _____ custody.

When caskets and outer burial containers are first discussed and prior to viewing any merchandise

When must the Casket Price List and Outer Burial Container Price List be presented to consumers? Select one: A. No time is specified B. When consumer first enters the funeral establishment C. When caskets and outer burial containers are first discussed and prior to viewing any merchandise D. At the conclusion of funeral arrangements

At the conclusion of the arrangements conference when all goods and services have been chosen

When must the Statement of Funeral Goods and Services Selected (contract) be presented to consumers.

Forbidding the visitation of certain individuals to the plot

Which of the following WOULD NOT be a "right" of a burial plot owner? Select one: A. Use of driveways to gain access to the plot B. Right to bury C. Improvement of the plot D. Forbidding the visitation of certain individuals to the plot

All of these can be used

Which of the following can be used to help create inequalities among the next of kin so as to determine which person has a superior right and duty to oversee disposition of a dead human body: Select one: A. Age of the next of kin B. Degree of kinship to the decedent C. Presence of the kin at the time and place of the death D. Contractual capacity or competency of the party E. All of these can be used

1, 2, 3 and 4 only

Which of the following factors WILL be considered and weighed to determine how to dispose of a dead human body? 1. wishes of the decedent, 2. desires of the surviving spouse or next-of-kin, 3. public interests, and/or 4. laws regulating the disposition of human remains.

The receiving institution ma not reject a gift

Which of the following is NOT TRUE regarding the Uniform Anatomical Gift Act? Select one: A. The receiving institution ma not reject a gift B. The donor or donor's family must give authorization C. The donor must be deemed competent to make such a gift D. The donor must be eighteen years old or older

Threaten to do harm to the person who is liable for funeral expensed if payment is not received

Which of the following is not a LEGAL remedy in the event of non-payment on a funeral bill Select one: A. Employ the services of a collection agency B. Petition the courts to be appointed as an administrator or administratrix to instigate probate proceedings C. File a suit for non-payment against the liable party D. Threaten to do harm to the person who is liable for funeral expensed if payment is not received

All of these

Which of the following situations can result in a will being revoked and the assets of the decedent distributed as if the will never existed: Select one: A. The will is torn up and thrown away by the testator B. Another will is executed by the testator at a later time C. The legally married spouse is excluded from receiving property in this will D. Later born children are not provided for in this will E. All of thes

The laws look favorably upon disinterments

Which of the following statements is NOT correct? Select one: A. A mortuary is not considered to be a nuisance per se B. In the eyes of the law, the cemetery property, and all things attached to the property, is considered sacred ground C. Generally, the law holds that once a cemetery, always a cemetery D. The laws look favorably upon disinterments

It is a lawful practice to hold a dead human body in lieu of payment

Which of the following statements is NOT correct? Select one: A. The captain of a ship has the authority to order a burial at sea should the captain deem it necessary for the safety an dwelfare of the ships crew and passengers B. Disposition through cremation would be illegal if this method were chosen to destroy evidence of foul play C. It is a lawful practice to hold a dead human body in lieu of payment D. After a dead human body has undergone a certain degree of decomposition, the body ceases to be a dead human body in the eyes of the law E. A funeral director, like any other person, is presumed to know the law and ignorance of the law is not an acceptable excuse

The making of funeral arrangements implies one's promise to pay the funeral bill

Which of the following statements is NOT correct? Select one: A. The making of funeral arrangements implies one's promise to pay the funeral bill B. In many states, the necessary and reasonable expenses of a funeral become a priority claim against the decedent's estate C. Many states recognize a common law rule which places primary liability for funeral expenses of a wife or dependent child upon the husband/father D. It is prudent for a funeral director to determine in advance the means available for payment of the funeral bill to determine his or her conduct in accepting and handling the case accordingly E. If a volunteer makes funeral arrangements with no intent or legal duty to pay the funeral bill of the decedent, the funeral is presumed to be ordered on the estate of the decedent

The person is required to use a specifically named funeral director if such is mentioned in the decedent's will

Which of the following statements is not correct concerning the rights of the person charged with the duty of disposition? Select one: A. The person is required to use a specifically named funeral director if such is mentioned in the decedent's will B. This person has the right to exercise control over all matters related to the funeral and disposition C. The party has the right to custody of the body in the condition at the moment of death or in the condition in which it was found following death D. This person can choose any legal form of disposition, the type of casket to be used (if any), and whether to have a public or a private funeral service

The daughter who is 18 years old

Which one of the following WOULD NOT be a possible tort involving a dead human body? Select one: A. Unauthorized mutilation of the body B. Failure to surrender the body upon appropriate demand C. Burial without eh permission of the next-of-kin D. Entombment in a crypt purchased by the surviving spouse

Switching a casket with a faulty functioning locking device

Which one of the following WOULD NOT be an example of negligent funeral directing? Select one: A. Failure to properly lock a vault or casket B. Switching a casket with a faulty functioning locking device C. Requesting payment at the cemetery before proceeding with the funeral service D. Not giving instructions to the casket bearers

1, 2 and 4 only

Which one of the following factors WOULD be involved in determining the reasonableness of the funeral bill? 1. The size and solvency of the estate, 2. The station in life of the deceased, 3. The size and color of the casket, or 4. Local customs

Disinterested parties

Witnesses to a will must be: