NBE Law, Wills, & FTC review 1-182

A lein or mortgage against real property is: A. an easement B. an encumbrance C. a subrogation D. a replevin

An encumberance

A federal court of appeals is: A. superior court B. a probate court C. a trial court D. an appellate court

Appellate Court

Requirements for a valid offer must include: 1 - definite time 2 - acceptance 3 - definite intent 4 - seriously intended 2, 3 & 4 only all of these 1, 2 & 3 only 1, 3 & 4 only

1, 3, 4, only

An individual who brings together contracting parties is called: A. a factor B. a broker C. a bailor D. a principal

A broker

A charge against another's property as security for a debt or claim is: A. as easement B. a lien C. a debt D. an obligation

A lien

A court of original general jurisdiction is: A. an original court B. an appellate court C. a trial court D. a supreme court

A trial court

Not necessarily stated but held to be true by most citizens of the United States is the right to a: A. vault B. funeral C. decent burial D. casket

Decent burial

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

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: A. Fiduciary agreement B. Check and Balance agreement C. Trust agreement D. Escrow

Escrow

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: A. cash advance B. forwarding of remains C. cremation D. direct cremation

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: A. handling fees B. future C. advance D. free

Free

A service commemorating the deceased with the body present: A. funeral ceremony B. funeral services C. funeral provider D. funeral goods

Funeral Ceremony

When the buyer makes a selection of goods which are to be purchased from the seller, the goods are classified as: A. existing goods B. future goods C. identified goods D. fungible goods

Identified Goods

A reason or desire that acts as a catalyst to spur one to a specific action is called a/n: A. Law B. Moral C. Motive D. Philosophy

Motive

An oral will stated to a witness is a: A. formal will B. publication C. nuncupative will D. holographic will

Nuncupative Will

A person who dies leaving a valid will is called a: A. intestate B. administrator C. donor D. testator

Testator

In the state court, the chief officer is: A. the clerk of the court B. the bailiff C. the judge D. the marshall

The Judge

All of the following are examples of Kohlberg's stages of moral development EXCEPT: A. the moral stage B. the pre-conventional stage C. the conventional stage D. the pre-moral stage

The Moral Stage

The law whose purpose is to compensate the aggrieved, not to punish the wrongdoer is: A. tort law B. criminal law C. state law D. business law

Tort Law

A partnership engaged in the buying and selling of merchandise is a(n): A. limited partnership B. non-trading partnership C. unlimited partnership D. trading partnership

Trading Partnership

The highest court of the land in the U.S. is the A. appeals court B. superior court C. U.S. supreme court D. state supreme court

U.S. Supreme Court

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

Values

A contract made by a legally declared insane person is: A. voidable B. void C. valid D. unenforceable

Void

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

Parties who acquire rights superior to those of the original owner are known as: A. bearer in due course B. endorsee in due course C. holder in due course D. acceptor in due course

holder in due course

Caveat Emptor means: A. merchant beware B. the cave is empty C. let the buyer beware D. beware of the seller

let the buyer beware

In recognizing ethical standards in his/her professional responsibility to the press, the funeral director: A. must exercise discretion in releasing confidential information B. should exercise prudent operational and management procedures C. should exemplify a positive image of funeral service D. must abide by state board rules and regulations

must exercise discretion in releasing confidential information

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

pre-conventional stage

In maintaining a high standard of conduct with a competitor, the funeral director would be wise to: A. stress employee continuing education B. respect the bereaved family's choice of a funeral establishment C. refrain from fraudulent business practices D. provide complete privacy in the preparation of the body

respect the bereaved family's choice of a funeral establishment

A sale is different from a contract to sell in that in a sale: A. the title and the item are transferred upon completion of the transaction B. there is no difference between the two C. the merchandise is transferred at a future date D. the title is transferred at a future date

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

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

2, 3, and 4

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? A. Double the estimate cost of the Cash Advance Item - to be safe! B. Estimate the Cost of the Cash Advance Item C. Any of these are permissible as long as they are done in good faith! D. Figure the Cost of the Cash Advance Item and add a minimum of 10%.

Estimate the Cost of the Cash Advance Item

Fidelity to moral principles is a definition of: A. liability B. ethics C. honesty D. integrity

Ethics

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

A constitution

The term which means a fact that could alter one's decision to enter into a legal binding contract is: A. a material fact B. a fraudulent fact C. an illegal fact D. a usurious fact

A material fact

The consideration of an insurance policy is: A. a premium B. an endowment C. a stock D. an indemnity

A premium

A life insurance policy in which premium payments continue to death or until age 100, whichever occurs first, is: A. a renewable term policy B. a death benefit policy C. a term policy D. a whole-life policy

A whole-life policy

If a funeral director receives the remains from another funeral home and the conditions are below standard, he/she should: A. attempt to make the remains presentable before viewing B. Report it immediately to the State Board C. let the family see what a bad job the other funeral home did D. call the local health officer without delay

Attempt to make the remains presentable before viewing

When dealing responsibly with the media, an ethical funeral director should: A. refuse to answer any questions proposed by the media B. answer all questions proposed by a known member of the press C. relate only positive facts concerning the deceased D. be discrete in the information he or she releases

Be discrete in the information he or she releases

The right to declare dividends depends upon the discretion of the: A. promotor B. board of directors C. shareholders D. stockholders

Board of Directors

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

Malpractice

A funeral home's family car is considered a: A. public carrier B. common carrier C. freight carrier D. private carrier

Private Carrier

Corporations formed by individuals to perform some non-governmental function are called A. alien corporations B. public corporations C. private corporations D. foreign corporations

Private Corporations

Which of the following denotes good professional ethics in community relationships? A. Being an outspoken critic of the umpire at your sons little game B. Speaking to a local church group concerning the value of the funeral C. Being an outspoken critic of the referee at your daughters basketball game D. Playing poker in the back room at the local roadhouse

Speaking to a local church group concerning the value of the funeral

The doctrine of stare decisis is concerned with A. case law B. criminals C. sits D. torts

Case Law

A declaration or public statement of professional standards of wright and wrong conduct - subscribed to by the members of an association - defines a(n): A. philosphy B. code of ethics C. code of conduct D. ethnicity

Code of Ethics

An addition or modification of a will is known as a: A. deed B. letters testamentary C. gift D. codicil

Codicil

Customs which have come to be recognized by the courts as law describes: A. case law B. criminal law C. common law D. constitutional law

Common Law

The major source of mortuary law is: A. church law B. cannon law C. civil law D. common law

Common Law

Which of the following is a desirable characteristic of an ethical funeral director? A. Compassionate B. Likes to gossip about competitors C. Unprofessional D. Divulges confidential information

Compassionate

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

Compensation

A probate court is concerned with: A. wills B. crimes C. bodies D. titles

Wills

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

maintaining the privacy and security of the arrangements

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: A. a bank draft B. a voucher check C. a cashiers check D. a certified check

A cashiers check

A newspaper advertisement can be an offer if it shows: A. intent B. mutual agreement C. the price D. markup

Intent

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

NO

The passing of title from seller to buyer for a price is called a: A. Stipend B. Freud C. Sale D. Stipulation

Sale

Which of the following is a fee that a funeral home could charge? A. Insurance Processing Fee B. Estate Claims Fee C. Neither a nor be could be charged - these are not the responsibility of the family. D. Both a and b could be charged.

Both a and b could be charged.

A partnership in which one's partner's liability is limited to a capital contribution only is a: A. limited partnership B. silent partnership C. general partnership D. non-trading partnership

Limited Partnership

An agent owes which of the following duties to his principal? A. loyalty and good faith B. reimbursement C. compensation D. indemnification

Loyalty & good faith

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

Which of the following is not good ethical behavior in regard to treatment of the deceased? A. Cleanliness B. Thoroughness of preparation of the deceased C. Concern for the dignity of the deceased D. Necromania

Necromania

Another term for autopsy is: A. exhibited B. necrobiosis C. exhumation D. necropsy

Necropsy

A contract in which two or more people individually agree to perform the same obligation is called a: A. joint and several contract B. joint contract C. unilateral contract D. several contract

Several Contract

The right a minor has to avoid a contract is termed: A. disaffirmation B. ratification C. abatement D. denial

disaffirmation

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

maintaining the privacy and security of the arrangements

With personal effects of a deceased in his possession, the ethical funeral director should NOT: A. consult the family as to their proper disposition B. treat the effects with care C. inventory each item to protect the funeral home's liability D. place them in a bag and leave them in the preparation room

place them in a bag and leave them in the preparation room

The ethical funeral director should: A. always charge a fee for aftercare counseling B. decline to provide services for a person from a different community C. provide professional service to all who seek it D. take care of the remains of only those that can afford his or her services

provide professional service to all who seek it

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

secure all funeral home records in a safe place

A contract is a legally enforceable agreement between: A. two minors B. two persons of legal age C. two or more legally competent persons D. a minor and an adult to perform a legal act

two or more legally competent persons

Which of the following is a consideration in the funeral director's community relationships? A. Morality B. Honesty C. Integrity D. All of these are important

All of these are important

A gift of personal property received through a will is a: A. codicil B. devise C. bequest D. legatee

Bequest

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) 2 & 3 only 1 & 2 only all of these 1, 2 & 3 only

All of these

An unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining: A. coffin B. basket C. alternative container D. vault

Alternative Container

Price lists which may be prepared for use in certain limited situations such as children/infants, for government agencies to provide for indigent persons: A. cash advance items B. casket price list C. alternative container D. alternative price lists

Alternative Price Lists

A contract whose terms have been fully carried out is: A. exemplary B. executive C. executory D. executed

Executed

A contract in which the terms have not been fully performed by all the parties is said to be: A. executory B. executed C. voidable D. void

Executory

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: A. non-declinable service fee B. container fee C. triggering event fee D. package fee

Non-declinable service fee

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. A. one year B. three years C. 30 years D. 10 years

One year

Any container which is designed 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: A. future goods B. outer burial container C. GPL D. vaults

Outer Burial Container

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

Participation

Any individual, partnership, corporation, association, government or governmental subdivision or agency, or other entity: A. event B. persons C. deceased D. remains

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: A. received by the offeree B. placed in the mail by the offeree C. received by the offeror D. never complete, must be an oral acceptance

Placed in the mail by the offeree

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? A. the moral stage B. the pre-moral stage C. the post-moral stage D. the post-conventional stage

Post-Conventional Stage

A contract in which undue influence was proven is considered: A. voidable B. express C. void D. valid

Voidable

A contract in which undue influence was proven is considered: A. voidable B. void C. express D. valid

Voidable

As an ethical funeral director, when choosing a source of caskets, the most important qualification of the manufacturer should be: A. a sales representative who keeps you informed regarding your competitor B. buy from all companies to maintain your "nice guy" image C. buy from the largest manufacturers only D. a strong policy of up-holding their warranty

a strong policy of up-holding their warranty

Which of the following is written properly? A. DISCLAIMER OF WARRANTIES THE FUNERAL HOME MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CASKETS LISTED ABOVE, ONLY WARRANTIES, EXPRESSED OR IMPLIED, GRANTED IN CONNECTION WITH CASKETS SOLD ARE THE EXPRESS WRITTEN WARRANTIES, IF ANY, EXTENDED BY THE MANUFACTURES THEREOF. FUNERAL HOME HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO THE CASKETS, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. B. DISCLAIMER OF WARRANTIES The F.H. makes NO representations or warranties regarding the caskets or other merchandise listed above. The only warranties, expressed or implied, granted in connection with caskets or other merchandise sold, are those extended by the manufactures thereof. The F. H. hereby expressly disclaims all expressed or implied warranties related to this merchandise, including, but not limited to the implied warranties the this merchandise is good for the purpose for which it was intended. C. Both a and b are written properly and will work to keep the funeral home from getting sued if something should happen wherein the merchandise failed to meet the demands placed on it during its intended use. D. Neither a nor b is written properly! If the merchandise you as a funeral home owner is selling to pubic fails, it's your fault no matter who manufacture it.

A.

The failure to volunteer or reveal information not requested is termed: A. complaint B. compromise C. concealment D. default

Concealment

Which of these mandatory disclosures is written correctly? A. 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. B. Except in certain special cases, embalming is 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. C. Except in certain special cases, there is no State in the United States that requires you to select embalming, however, if you select certain arrangements such as a funeral with public viewing you must pay for the embalming. If you do not want embalming, you may have the right to choose arrangements that do not require it, such as a grave side funeral or immediate cremation. D. 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 the does not require you to pay for it, such as simple cremation or simple burial.

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.

Goods of a homogenous nature which are sold by weight or measure are known as: A. identified goods B. fungible goods C. existing goods D. future goods

Fungible Goods

A printed or typewritten list of goods and services offered for sale by a funeral provider with retail prices: A. General Price List B. General Casket List C. General Receiving List D. Telephone Price Disclosure

General Price List

Bailment in which the bailee does not receive any compensation is: A. incidental bailment B. fiduciary bailment C. gratuitous bailment D. extraordinary bailment

Gratuitous Bailment

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

His/Her relationship with family

Property rights consisting merely of evidences of ownership of property, such as copyrights, checks, notes and stocks are: A. real property B. mixed property C. tangible personal property D. intangible personal property

Intangible personal property

A philosophy that focuses on the worship of a god or gods is called: A. a theistic philosophy B. Kohlberg's philosophy C. a non-theistic philosophy D. a pre-moral philosophy

Theistic Philosophy

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

YES