Mortuary Law Q3
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| What are the primary sources of law for funeral directors? | state statutes & common law
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| the body of a human being deprived of life and not entirely disintegrated | dead body
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| the study of those branches of law that pertain to the disposition of dead human bodies | mortuary law
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| What is a skeleton considered to be under mortuary law? | property; not a dead body
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| What are cremated remains considered to be under mortuary law? | property; not a dead body
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| What type of property is a dead human body? | quasi property
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| Expert or Inexpert Test for Death: stethoscope | expert
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| Expert or Inexpert Test for Death: epthalmoscope | expert
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| test that examines the retinas of the eyes | epthalmoscope
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| Expert or Inexpert Test for Death: dye injection test | expert
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| Expert or Inexpert Test for Death: electrocardiogram (EKG)/electroencephalogram (EEG) | expert
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| Expert or Inexpert Test for Death: pulse test | inexpert
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| Expert or Inexpert Test for Death: ligature test | inexpert
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| Expert or Inexpert Test for Death: ammonia injection test | inexpert
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| Expert or Inexpert Test for Death: heart sound test | inexpert
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| English Ecclesiastical Law; body is property of the church, not the property of the family | no property theory
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| a suit to recover personal property that has been wrongfully withheld from you | Suit in Replevin
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| a suit filed for wrongfully withholding a body | Suit in Equity
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| primary reason for disposition of a dead human body | public health
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| most sanitary method of disposition | cremation
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| irreversible cessation of total brain function according to the usual & customary standards of the medical professions | death
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| first case that gave a person the right to a decent burial | Regina v. Stewart
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| Cannot file a suit in ____ for a dead body | replevin
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| most common method of disposition | burial
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| possession of the body wherever they died or currently are being held | actual possession
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| possession of the body when they are being held elsewhere | constructive possession
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| When does the funeral home take actual possession of a body? | when the body is placed on the cot
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| Permits/forms needed | - signed death certificate
- auth. from Next of Kin/ RoD
- ME/Coroner's permit
- cremation permit
- burial permit
- transit permit
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| a contract between a funeral home & a living person or their agent for the providing of a funeral at the time of their death | pre-need contract
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| whole life insurance policy | insurance funded policy
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| policy in which the beneficiary signs over the proceeds to the funeral home | insurance funded policy
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| A funeral home ___ be a beneficiary of an insurance policy | cannot
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| A funeral home ___ be a trustee | cannot
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| Which kind of policy is taxed? | trust funded policy
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| when title to a property is held by a person for the benefit of another person | trust
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| For tax purposes, interest on an insurance policy ____ taxable | is not
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| For tax purposes, interest on a trust funded policy ____ taxable | is
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| may be terminated by the purchaser at any time prior to death of the beneficiary with the purchaser receiving a refund of all or some part of the funds paid on the contract | revocable
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| the purchaser may not cancel the contract but can be transferred to another funeral home | irrevocable
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| contract in which prices are locked in | guaranteed
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| contract in which prices are not locked in (cost may go up) | non-guaranteed
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| contract/policy which qualifies for public aid | irrevocable
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| In compliance with FTC, if you enter into a pre-need contract at the client's home, they have __ business days to cancel the contract | 3
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| T/F All of the FTC rules apply to both pre-need & at-need contracts | true
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| funeral home/director in possession of a dead body | custodian
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| a place where dead bodies are prepared pending disposition | mortuary
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| a place where dead bodies are held pending identification | morgue
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| assets left upon death of a person | estate
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| primary liability for payment of a funeral bill lies with the ___ | decedent's estate
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| Under common law, if a wife dies, her _____ is liable for payment of the funeral bill | husband
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| Under common law, if a husband dies, his _____ is liable for payment of the funeral bill | estate
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| if you have more assets than liabilities | solvent estate
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| if you have more liabilities than assets | insolvent estate
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| 3 sources of payment for a funeral bill | 1. estate
2. spouse
3. person who signed the contract
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| the removal of a dead body or the remains thereof from its place of repose | disinterment
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| Disinterment may be made for ___ or ___ reasons | public interest or private interest
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| public interest reasons for disinterment | - autopsy
- moving to veterans' cemetery
- Rule of Eminent Domain
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| the government can take over private property and put it to public use | Rule of Eminent Domain
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| private interest reasons for disinterment | - abandoned cemeteries
- moving
- change of area
- wrong plot
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| a place where dead bodies are prepared pending disposition | funeral home (mortuary)
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| funeral homes ___ a nuisance per se | are not
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| What governs the location of a funeral home? | zoning ordinances
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| act that protects disabled persons & requires barriers to be removed | ADA
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| Which act states that you cannot refuse to embalm a person with a communicable disease, such as AIDS? | ADA
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| ADA applies to businesses with ___ or more employees | 15
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| a place where dead bodies are buried in space reserved for such purpose | cemetery
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| Cemeteries ____ nuisances per se | are not
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| cemeteries owned by a governmental body | public cemeteries
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| cemeteries owned by private individuals | private cemeteries
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| T/F Written authorization is required for cremation | true
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| T/F Authorization for cremation must be written and cannot be oral | true
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| T/F Authorization is required for removal of devices such as pacemakers | true
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| Who is the only exception to OSHA rules? | self-employed individuals with no employees
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| OSHA requirements for funeral homes | 1. Formaldehyde Exposure Standard
2. Hazard Communication Standard
3. Bloodborne Pathogen Standard
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| To which standard does the needlestick safety & prevention act belong? | Bloodborne Pathogen Standard
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| time weighted average | 8 hrs = less than .75 ppm
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| short term exposure limit | 15 mins = less than 2.0 ppm
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| action level | .5 ppm
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| If the time weighted average is less than .5 ppm, what is needed? | no action needed
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| If the time weighted average is .5 - .75 ppm, what is needed? | remedial action to lower the average below .5 ppm
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| Which standard requires safety data sheets for all chemicals used? | Hazard Communication Standard
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| Which standard requires employers to provide employees with Hepatitis B shots? | Bloodborne Pathogen Standard
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| Year OSHA was founded | 1970
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| Year Hazard Communications Standard was founded | 1988
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| Year Bloodborne Pathogen Standard was founded | 1988
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| Year Bloodborne Pathogen Standard was amended | 1993
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| Year Needlestick Safety & Prevention Act was created | 2000-2001
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| Year Funeral Practice Trade Regulation Rule was founded | 1984
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| Year FTC Funeral Rule was amended | 1994
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| the cornerstone of the FTC funeral rule | general price list
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| 4 documents required by the FTC funeral rule | 1. GPL
2. Casket price list
3. Outer burial container price list
4. Statement of goods & services selected
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| Who is obligated under the FTC funeral rule? | anyone who sells both funeral goods & services to consumers
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| requirements of the GPL | - title "General Price List"
- name of FH
- address of FH
- phone & fax #s
- effective date
- contact info for other locations (unless prices are different)
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| What is the only non-declinable charge on the GPL? | basic services fee
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| The casket price list must offer what type of container for cremations? | alternate container
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| Is the statement of goods & services selected required to be signed? | no
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| A ____ can be given in lieu of a statement of goods & service selected | contract
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| Can you put "no charge" on the statement of goods & services for a discounted/free item? | no
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| Can you refuse third party merchandise? | no
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| How long must you keep the GPL from the last date of distribution? | 1 year
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| T/F The FTC allows a funeral home to disclaim warranties to relieve liability | true
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| Which act governs warranty disclaimers? | Magnuson-Moss Warranty Act
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| When receiving price inquiries over the telephone, what can you not ask the caller? | their name
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| When receiving price inquiries over the phone, what should you do if you cannot answer the caller's questions? | tell them a funeral director will get back to them as soon as possible
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| a document that legally disposes of a person's property at the time of their death | will
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| the person that draws up a will | testator
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| female testator | testatrix
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| What age must you be to draw up a will? | at least 18 years old
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| T/F [Typically] you cannot disinherit your spouse | true
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| Under what conditions could a spouse be disinherited? | 1. the spouse caused the death
2. pending divorce (must be proven)
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| died without a will | intestate
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| T/F You can disinherit your children | true
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| What must be done in order to disinherit your children? | 1. must expressly state it
OR
2. leave a nominal sum of money
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| rule that states that an individual cannot forever hold title to their property after death | Rule Against Perpetuities
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| Title to property must vest in a person within ___ years | 21
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| T/F Wills must be witnessed | true
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| a will written entirely in the testator's handwriting | holographic will
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| an oral will declared by the testator to be their will in the presence of witnesses | nun-cupative will
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| "soldier's & sailor's will" | nun-cupative will
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| a writing that modifies/amends a will | codicil
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| T/F Marriage revokes a will | true
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| revokes a will to the extent that a percentage must be left to your spouse | marriage
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| In case of divorce, what takes precedence over a will? | property settlement
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| Which will always governs? | last will
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| What share does an afterborn child receive? | the share they would have received if testator died intestate
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| if an estate does not have sufficient funds to pay all of its debts to comply with the terms of the will, then heirs who were to take under will will only get a proportional share of the intended gift | abatement
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| if a specific item given under a will is destroyed, no longer in existence, or not owned by the testator at the time of death, then the person who was supposed to receive the item gets nothing | ademption
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| court that administers wills and estates | probate court
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| T/F Not all wills need to be probated | true
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| a gift of real property | devise
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| person receiving real property | devisee
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| T/F A Will can only be contested based on its legality/validity | true
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| anyone who inherits, either by will or intestate | heir
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| a gift of personal property | legacy/bequest
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| bequest | legacy
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| legacy | bequest
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| person receiving personal property | legatee
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| person named in will by testator to administer estate | executor
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| person appointed by court to administer estate, when no executor is named | administrator/administratrix
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| if the heir under will dies before the testator, then their share goes to the deceased's decendents (vertically) | per stirpes
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| if an heir under will dies before the testator, then their share goes to surviving members of the same class (laterally) | per capita
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| per head | per capita
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| If you die without a will, assets are automatically distributed ___ ___ | per stirpes
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