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Mortuary Law and Compliance Flashcards | StudBud
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Mortuary Law and Compliance
Mortuary Law and Compliance
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1
A law enacted by a state or federal legislative body
code
statute
code
ordinance
2
Which of the following acts is a federal statute that governs express and implied warranties:
FTC
Magnuson-Moss
truth in lending
credit practices
3
When is it permissible to take a photograph for identification purposes?
When dealing with an out of town family
when no family can be reached
at the discretion of the funeral director
when the authorizing agents give written permission
4
law passed by municipality by virtue of police power. regulates & prescribes businesses that shall be built & used
Zoning
restrictive
nuisance
code
5
What is a common problem faced by funeral homes regarding cremated remains?
a poorly maintained crematory
disposition of unclaimed cremains
failure to get proper cremation authorization paperwork
declining urn sales
6
tossing cremated remains to the wind is termed
scattering
trenching
casting
raking
7
Funds taken from a family needing to spend down to qualify for government programs should be placed in
whole life insurance
term life insurance
revocable trust
irrevocable trust
8
which of the following is technically not a disposition but one step in a mode of disposition?
entombment
cremation
Burial
body donation
9
this exists when i execute POA which will become/remain effective if i become disabled
DPOA
authorizing agent
POA
10
which of the following is an example of police power?
licensing requirements
statutory regulation
regulatory administration
municipal ordinances
11
A landowner's use of property which interferes w/the public or another landowner's use of his property is:
Nuisance per se
Nuisance
Nuisance in fact
12
the set of values, ideas & opinions of an individual or group
integrity
ethics
morals
philosophy
13
evaluates ethicalness subjectively on the basis of individual & group experiences
relativism
absolutism
14
who is required by law to maintain records on wages, hours worked, & other items listed in the wage & hour regulations
wage and hour commission
employee
department of labor
employer
15
Which of the following survivors would have the right to authorize cremation for Mary, age 60?
Mary's sister
Mary's mother
Mary's adults children
Mary's grandchildren
16
Families needing to "spend down" assets may be trying to qualify for
medicaid/ssi
medicare
17
a law enacted by a state or federal legislative body
ordinance
code
regulation
statute
18
the study & evaluation of the standards of conduct established in normative ethics
deontological ethics
normative ethics
teleological ethics
Meta-ethics
19
The laws of city councils are called:
statutes
regulations
ordinances
constitutions
20
most american adults function between levels 3-5 but moral maturity is gained at level 6, kohlberg's SoMD
false
true
21
anatomical gifts may be made by:
NOK
the individual
surviving spouse
all of these
22
which of the following has the paramount right to arrange for disposition?
executor
church
spouse
adult children
23
a communal repository for cremated remains is termed an
ossuary
mausoleum
niche
columbarium
24
A crematory, cemetery, or mortuary is a:
nuisance in fact
nuisance per se
25
Parking, plumbing, and electric are examples of:
Zoning ordinances
restrictive covenants
building codes
deed restrictions
26
insures that consumers who are provided credit by banks&business are completely apprised of all aspects of credit arngmt
truth in lending act
wage and hour law
EEOC
FTC credit practices regulation
27
Acts, occupations, or structures which are nuisances at all times is the definition of:
nuisance in fact
Nuisance
Nuisance per se
28
this is a benefit of preneed to the consumer
The plan may be portable
intelligent and informed decisions are made
both of these
29
USPS priority mail express is the only acceptable way of shipping cremated remains
False
True
30
Burial insurance may be offered in the form of which types of policies:
term and linked
term and endowment
whole and term
endowment and annuity
31
under which theory was the dead human body exclusively within the control of the church
quasi-property theory
no-property theory
non-quasi property theory
property theory
32
interest or income on preneed trust funds are subjected to fed. income tax
True
False
33
Credit offered or extended to a person for primarily personal, family, or household purposes is:
consumer credit
commercial credit
34
which of the following is an example of police power?
regulatory administration
statutory regulation
licensing requirements
municipal ordinances
35
if the body is at the hospital or mortuary, the custody of the NOK is said to be..
constructive
actual
posessive
legal
36
These are benefits of preneed to funeral home
both of these
increases market share/stops any decrease in market share
eliminates bad debts
37
A private or civil wrong, other than a breach of contract for which there may be action or damages
criminal intent
tort
promissory estoppel
legal wrong doing
38
property theory says, a dead body is tangible belongs to the family, capable of being possessed, churches used this
false
true
39
The legal status of a body in our current society is explained by this theory:
property
semi property
quasi property theory
No property theory
40
Most insurance companies do not provide protection against this type of damage
torts
punitive
mental aguish
wrongful withholding
41
The highest level of care in a funeral home is to
trespassers and uninvited guests
everyone who walks in the front door of the funeral home
family making funeral arrangements & visitors viewing remains
employees and allied professionals
42
an account established by an individual to be held for the benefit of another as a method of payment of funeral expenses
irrevokable
revokable
trust
fiduciary
43
Acts/occupations/structures which may become a nuisance by circumstances of location or the manner in which its operated
nuisance per se
Nuisance in fact
44
What protects information collected by consumer reporting agencies?
the fair credit reporting act
the consumer privacy act
HIPAA
consumers rights act
45
Those rules of conduct commanding what is right & prohibiting what is wrong
Law
probate law
administrative law
Funeral law
46
Non-legislated principles & rules of action predicated upon usage&customs which courts consider binding to the community
common law
stare decisis
statute
statutory
47
When is a burial transit permit required?
never
transit out of state
transit out of city limits
all times transporting remains
48
Laws,ordinances,government regs setting 4th requirement for set construction, maintenance, operation, occupancy, use...
Building code
restrictive covenant
deed restriction
Zoning ordinance
49
one who owns real estate where a death occurs is called a:
Householder
guardian
offeror
inheritor
50
No property theory says a dead body is not, an "object", for sale, capable of ownership.
False
True
51
The family does not have an obligation 2carry out final wishes of unfunded prearrangements
True
False
52
Court decisions that establish precedented principles
federal law
state decisis
ordinances
case law
53
Funeral arrangements made in advance of need that include provisions for funding or prepayment:
pre-funded
pre-planned
54
The FLSA covers which of the following areas of employment that are important to funeral service
only overtime and minimum wage
overtime comepsation
minimum wage
equal pay
55
This may be prejudicial to public morals, dangerous to life, or injurious to public rights:
Nuisance in fact
nuisance per se
nuisance
56
What documentation form must be completed for each embalming?
case report
prep room log
The contract
hospital release forms
57
The laws of city councils are called...
regulations
statutes
ordinances
constitutions
58
When spending down assets to qualify 4 government assistance programs, which of the following does not count as an asset
burial property
primary residence
Business property
secondary residence
59
bilateral, unilateral. executed, and executory, are all terms associated to a contract
basis of enforceability
basis of performance
none of these
basis of information
60
Zoning. building, and safety ordinances are examples of..
federal or state statute
none of these
police power
Municipal ordinances
61
One who owns or controls real estate where a death occurs is called a:
offeror
gaurdian
inheritor
householder
62
which of the following has the paramount right to arrange for disposition?
spouse
executor
adult son
sister
63
What must be signed when releasing cremated remains to the authorizing agent?
authorization of release
receipt of cremated remains
no additional signature needed
contract of cremated remains receipt
64
Funeral arrangements made in advance of need that do not include provisions for funding or prepayment:
pre-planned
pre-funded
65
a contract in which the parties express their intentions, orally or in writing at time of agreement
express
implied
simple
formal
66
When commingling of cremated remains is chosen, a commingling of remains authorization form should be filed and signed b
next of kin
state notary
funeral director
authorizing agent
67
which is not one of the equal employment opportunity commission laws
blind nondiscrimination act of 1972
immigration reform and control act of 1986
title I of the americans with disabilities act of 1990
pregnanct discrimination act
68
Actual custody is the physical possession of the dead human body.
true
false
69
Federal law gives the preneed buyer until midnight on which business day to cancel the transaction:
fifth
seventh
third
next
70
Which of the following is not on the cremation authorization form?
understanding of the finality of cremation
an explanation of why the family chose cremation
explanation of all facets of the cremation process
end product of the cremation procedure
71
disclaimer of warranties on a funeral contract make it Clear that the warranty is that of the
both the funeral home and manufacturer
funeral home only
both the distributor and the funeral home
manufacturer only
72
Which of the following does not need to be priced as a package on the General Price List?
receiving remains
direct cremation
transfer of remains to funeral home
forwarding of the remains
73
Preneed arrangements made outside the funeral establishment require compliance with which FTC rule:
preneed
Funeral home to residence
door-to-door
funeral
74
Anatomical gifts may be made by the individual, next of kin, and surviving spouse
True
False
75
an agreement is the meeting of the minds in a common assent to some proposal
False
True
76
The body of law deriving from the US constitution & dealing primarily w/gov. powers, civil rights & liberties
civil law
Probate law
Constitutional law
Supreme law
77
when physical possession of the body lies w/funeral dir. but another funeral dir. has control of the final disposition
contract of custody
present custody
constructive custody
actual custody
78
Examples of this type of nuisance are toxic waste and loud traffic noise.
nuisance in fact
nuisance
nuisance per se
79
Common circumstances resulting in litigation with respect to cremation include
cremating the wrong body
all of the above
co-mingling cremated remains
cremating without authority or informed consent
80
Which type of permit would be required when the funeral home was a former residence & is located in a residential hood
special use
nuisance per se
building deed
restrictive
81
What should be at the top of all authorization forms?
title of the form
address
funeral home name
the deceased name
82
informs consumers about the type of info the fina. insit. collects from consumers & what types of business theyshareinfo
financial privacy rule
safeguard rule
pretexting provisions
83
According to the National Funeral Directors Association (NFDA), 37 states require this prior to cremation:
visitation
A coroner sign-off
1 and 3
identification
84
the physical possession of the dead human body
physical custody
constructive custody
actual custody
legal custody
85
values related to human conduct as applied to business
ethics
code of ethics
business ethics
ethical (moral)
86
Defined as organs, tissues eyes bones arteries blood fluids & any other portion of human body for transplantation
body part
body donation
body portion
body section
87
A duty to make good any loss, damage, or liability incurred by another is the definition of:
professional liability
due dilligence
indemnity
ethical code
88
Federal or state statute, municipal ordinances, and police power are all examples of what branch of law?
Administrative law
legislation and statutory
Legislation law
statutory law
89
statement of goods & services selected should be retained for
there is no requirement
6 months
24 moths
12 months
90
40%preneed fulfillment, 60%at need, preneed contract sales 40% replacement of fulfilled contracts is best case scenario
True
False
91
the property of a deceased person, both real and or personal
legacy
bequest
devise
estate
92
company fitness is the most important factor 4 funeral homes to consider when selecting insurance an company
False
True
93
The funeral home takes on this type of responsibility when money is collected for a family 4 advanced planning purposes
gaurantee
trust
restrictive
fiduciary
94
Provision in a deed limiting the use of property and prohibiting certain uses:
special permit
Zoning ordinances
building code
restrictive covenants
95
The term to describe cremated remains placed in a columbarium niche:
entombment
interment
scattering
ossuary