Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Mortuary Law
QIII Final
| Question | Answer |
|---|---|
| the study of those branches of the law which relate to matters growing out of the disposition of a dead human body | mortuary law |
| do more federal laws or state laws regulate mortuary law? | state laws |
| the legislature uses their right of ____ _____ as their authority to enact laws | police power |
| two federal regulators of mortuary law | OSHA, FTC |
| the body of a human deprived of life and not entirely disintegrated | dead body |
| irreversible cessation of brain function | death |
| are bodies property per se? | no, quasi property |
| t/f: under old maritime law, a sea captain could bury at sea | true |
| who has the primary right of disposition? | spouse |
| when the FH places the body on the cot, it is said to have ____ possession | actual |
| the FH with possession of the body is termed the | custodian |
| if a person dies in a health facility or outside the home, the person with the right of disposition can still make decisions, called ____ possession | constructive |
| if no one has the primary right of disposition, who has the secondary right? | the state |
| do you need a written contract for funeral service? | no |
| the rights of the FD arise from what two sources of law? | statutory law, common law |
| a contract between a FH and a person or someone else to provide for services/merchandise before a death occurs | preneed contract |
| a person who owns a home where the deceased has been residing. if there is no next of kin, does this person have a duty to dispose of the deceased? | householder, yes. |
| when a person with personal property gives it over without passage of title | bailment |
| person who bails property | bailor |
| person who receives bailed property | bailee |
| place where dead bodies are prepared for proper disposal | mortuary |
| place where dead bodies are held pending identification | morgue |
| place in a mortuary where the actual prepping takes place | prep room |
| t/f: the FH as custodian of a body must exercise reasonable ordinary care of the body | true |
| for preneed: interest gained on a trust fund is taxable, t/f? | true |
| for preneed: interest gained on an insurance policy is taxable, t/f? | false |
| if you sell in someone's home, the purchaser can cancel at anytime for any reason within _____ days. this rule is called. | 3 days, FTC door-to-door regulation rule |
| is the FH liable for ensuring burial is done in the proper grave? | yes |
| in procession, the FH is considered a ____ carrier for the body | private carrier |
| the FH is liable for mourners in procession, t/f? | true |
| is the FH a semi-public, private, or public place? | semi-public |
| a statement of the monetary value of the services rendered and merchandise sold by the FH for the disposition of a dead body | funeral bill |
| the real and personal property at the death of an individual | estate |
| who is primarily responsible for a funeral bill? | the estate |
| estate: when more assets than liabilities | solvent |
| estate: when more debts than assets | insolvent |
| theory of "preferred claim" says _____ is the first one paid by the estate | the funeral director |
| besides the estate, who is obligated to pay a funeral bill? | whoever signed the contract |
| for an insolvent estate, are grave flowers and large monuments allowable? | no |
| what is the most sanitary method of disposition? | cremation |
| the removal of a dead body or remains from its place of repose after disposition has been completed | exhumation/disinterment |
| t/f: the right of disposition also means the right to disinterment | false |
| this statute says each spouse is obligated to pay for necessities of the other spouse during the course of the marriage, including funeral expenses | family expense statute |
| government takeover of private land is allowable according to | eminent domain |
| disinterment may be done only for which two reasons | public or private |
| livery drivers are considered ____ drivers | agent |
| is the FH liable for negligence of a mourner in procession? | no |
| under common law, who was liable for funerals of wife and children? if this person died, who was liable for payment of their services? | husband, estate |
| a place where dead bodies are prepared pending disposition, also a fixed place for conducting funerals | funeral home |
| t/f: FHs are not nuisances per se | true |
| how is the funeral home location itself regulated? | zoning ordinances |
| if you have ____ employees or more, you must comply with with the Americans with Disabilities Act | 15 |
| a place where dead bodies are buried | cemetery |
| license to use cemetery land for interment by individual plot owner's is considered an ______ right | easement right |
| statute which governs express and implied warranties, specifically liabilities for caskets | Magnusson-Moss Warranty Act |
| court which administers wills and estates | probate court |
| a person who draws up a will | testator |
| to be a valid testator, you must be at least ____ years old | 18 |
| if you die without a will, you are said to have died | intestate |
| a writing which provides for the legal dispensation of a person's real and personal property | will |
| only person who can not be disinherited in a will | the spouse |
| statute which governs the laws and administrations of estates, enacted by each state | probate act |
| federal example of the probate act | uniform probate code |
| once you die, title to your property must be transferred to an inheritor within ____ years. this theory is called: | 21 years, rule against perpetuities |
| a will written entirely in the long hand of the testator | holographic will |
| oral wills given on death beds are called. this provides for the transfer of what kind of property only? | nuncupative will, personal property only |
| a document drawn up and attached to the will as a modification | codicil |
| law designating who inherits when the deceased dies intestate | law of descent and distribution |
| how much of the estate does the spouse get? | 50% |
| do wills require notarization? | no |
| two terms for children who were born after a will was promulgated | posthumous children, afterborns |
| if the estate cannot provide the full inheritance within a will, parties will then receive a proportionate share. this is called: | abatement |
| if a testator leaves property which no longer exists at death, the inheritor gets nothing. this is called: | ademption |
| when a testator leaves real property, it is called a _____. the recipient of the property is called the: | devise, devisee |
| when a testator leaves personal property it is called a (2 terms). the recipient is called the: | bequest/legacy, legatee |
| someone who administers a will | executor |
| one who inherits from a will | heir |
| when funds are distributed equally per person | per capita |
| when a lineal descendant dies before the testator, his lineal descendant takes on the share | per stirpes |
| when was the FTC funeral rule established | 1984 |
| when was the FTC funeral rule revised | 1994 |
| how many mandatory disclosures are required by the FTC funeral rule | 16 |
| an itemization of all prices of services and merchandise you offer | GPL |
| the four requirements for the GPL heading | FH name, address, phone number, and the effective date of the prices |
| the only non-declinable item on the GPL | basic service fee |
| can you charge extra for embalming a contagious disease? | no |
| t/f: you must disclose that the consumer has the right to decline embalming | true |
| when must you distribute the GPL | anytime there is a face-to-face inquiry or conversation regarding your goods and services and their prices |
| a written itemization of all services and merchandise that you sell to a particular client | statement of funeral goods and services selected |
| when must you hand over the SFGSS to the family? | at the conclusion of the arrangement conference |
| if an FD tells the consumer that they will only offer their services if the consumer purchases a casket from them, it's called a ______ arrangement. is this legal? | tying arrangement, no it's illegal |
| how long must you retain all price lists after they are no longer effective? | one year from the date they were last effective |
| what is the only business exception to OSHA compliance? | a sole proprietor with no other employees |
| general OSHA requirements that apply to all businesses: (3) | exit signs, fire extinguishers, marking of outlets |
| 3 specific OSHA FH standards | formaldehyde exposure standard, hazard communication standard, bloodborne pathogen standard |
| twa | time weighted average |
| the time weighted average of formaldehyde monitoring is taken over a ____ hour period, and should read no more than _____ ppm of formaldehyde | 8 hours, .75 ppm |
| stel | short term exposure limit |
| short term exposure limit is taken over how many minutes? cannot exceed how many ppms of formaldehyde? | 15 minutes, 2.0ppm |
| the action level must not exceed how many ppm? | .5ppm |
Created by:
amyziolkowski
Popular Business sets