Law Q3
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| 2 most important sources of law | state statues & contract 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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| irreversible cessation of total brain function according to the usual & customary standards of the medical profession | death
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| expert tests for death | 1. stethoscope 2. opthalmoscope 3. dye injection test 4. elecrocardiogram/electroencephelogram/EKE/EEG
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| inexpert tests for death | 1. pulse test 2. ligature test 3. ammonia injection test 4. heart sound test
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| a body is ____ property | quasi
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| a suit to recover personal property which has been wrongfully withheld from you | suit in replevin
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| suit filed for holding a dead body | suit in equity
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| possession of the body where they are now | actual possession
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| possession of the body when they are elsewhere | constructive possession
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| Order of Right of Disposition | 1. spouse 2. adult children 3. competent parents 4. competent adult siblings
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| A spouse is or is not next of kin? | is not
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| the person the deceased was living with who comes forward to make arrangements and pays the funeral bill | householder
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| secondary right of disposition lies with... | the state
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| a contract between 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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| benefits go to beneficiary of the policy | whole life insurance
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| beneficiary signs over the proceeds to the funeral home | whole life insurance
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| the funeral home ___ be a beneficiary of a whole life insurance policy | cannot
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| policy that is taxable | trust funded
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| interest on an insurance policy ____ taxable | is not
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| interest on a trust funded policy ____ taxable | is
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| option in policy to revoke it | revocable
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| a _____ contract cannot qualify for public aid | revocable
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| option in policy to make it irrevocable | irrevocable
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| a _____ contract can qualify for public aid | irrevocable
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| contract in which the price is locked in | guaranteed
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| contract in which the price is not locked in | non-guaranteed
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| If you enter into a pre-need contract at someone's home, they have ___ business days to cancel | 3
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| funeral home in possession of body | custodian
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| person who possess personal property of the deceased | bailee
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| place where dead bodies are prepared pending disposition | mortuary
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| place where dead bodies are help pending identification | morgue
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| primary liability for payment of a funeral bill lies with ___________ | the deceased's estate
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| 3 sources of payment for funeral bill | 1. estate 2. spouse 3. person who signed 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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| a place where dead bodies are prepared pending disposition | funeral home (aka mortuary)
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| Funeral homes are governed by ___ ordinances | zoning
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| # of employees (ADA) | 15
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| You cannot refuse to embalm if a person died from a communicable disease under ____ | ADA
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| Which jurisdiction does OSHA fall under? | Dept of Labor
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| the purpose of OSHA | to protect the nation's employees
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| exceptions to OSHA | 1. self-employed persons
2. persons with no employees
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| OSHA is authorized to... | conduct workplace inspections
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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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| time weighted average | less than .75 ppm/8 hours
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| short term exposure limit | less than 2.0 ppm/15 minutes
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| action level | .5 ppm
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| If the TWA is less than ___ ppm, no action is needed | .5
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| If the TWA is ___ ppm - ____ ppm, remedial action required | .5 - .75
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| safety data sheets | hazard communication standard
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| An employer must provide Hep B vaccinations to employee's at the funeral home's expense under which OSHA standard? | bloodborne pathogen
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| amendement to the bloodborne pathogen standard | needle stick safety & prevention act
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| requires protection policy for sharps | needle stick safety & prevention act
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| GPL requirements | name of FH, address, phone #, fax #, title, effective date
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| the only non-declinable charge on the GPL | basic services fee
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| # of mandatory items on GPL | 16
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| # of mandatory disclosures on GPL | 6
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| GPL mandatory disclosures | 1. consumer has a choice 2. service fee is non-declinable 3. right to decline embalming/not required by law 4. casket price list 5. outer burial container price list 6. alternate container
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| contain certain caskets & OBCs together at a discounted price | package funerals
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| The GPL must be distributed immediately upon discussing... | 1. prices 2. goods 3. services 4. disposition
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| The GPL must be given to the consumer... | for their retention
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| requirements of casket price list | 1. name of FH 2. title 3. effective date 4. every casket offered
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| requirements of OBC price list | 1. name of FH 2. title 3. effective date 4. disclosure that OBCs are not required by law
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| The Statement of Funeral Goods & Services Selected must be... | itemized
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| The SFGSS is given to the consumer when? | at conclusion of arrangements conference
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| act concerning warranties | Magnuson-Moss Warranty Act
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| seller requires the buyer to buy a certain item from seller as a condition for the seller to provide the service **not allowed** | tying arrangement
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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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| a person cannot disinherit... | their spouse
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| died without a will | intestate
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| to disinherit children... | 1. expressly disinherit them
2. leave them a nominal sum
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| cannot forever hold title to your 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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| a will written entirely in handwriting of testator | holographic will
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| oral will declared by testator to be their will in the presence of witnesses | nun-cupative
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| "soldier's will" or "sailor's will" | nun-cupative
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| a writing that modifies a will | codicil
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| _____ will revoke a will | divorce
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| afterborns receive the share... | they would have gotten if you died intestate
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| if an estate does not have sufficient funds to pay all its debts, to comply with terms of will, then heirs who were to take under will, will only get a proportional share of 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 testator at the time of death, then person who was supposed to receive item gets nothing | ademption
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| administers will and estates | probate court
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| a gift of real property | devise
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| person receiving real property | devisee
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| a gift of personal property | bequest/legacy
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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
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| heir under will dies before testator & their share goes to deceased's decedents (vertically) | per stirpes
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| per head, each person, if a taker under will predeceases testator, then their share goes to the surviving members of same class (laterally) | per capita
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