Mortuary And Business Law Quiz: Test!

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| By Newbostonbowen
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Quizzes Created: 5 | Total Attempts: 1,407
Questions: 43 | Attempts: 196

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Mortuary And Business Law Quiz: Test! - Quiz

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Questions and Answers
  • 1. 

    A document of title which gives the details of the contract between the shipper and carrier is?

    • A.

      Bill of shipment

    • B.

      Bill of lading

    • C.

      Bill of consignment

    • D.

      Bill of contents

    Correct Answer
    B. Bill of lading
    Explanation
    A bill of lading is a document of title that provides the details of the contract between the shipper (the person or company sending the goods) and the carrier (the person or company transporting the goods). It serves as a receipt for the goods, a document of ownership, and evidence of the contract of carriage. The bill of lading includes information such as the type and quantity of goods being shipped, the names and addresses of the shipper and carrier, the destination, and the terms and conditions of the transportation.

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  • 2. 

    A cemetery is not a nuisance per se.

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    A Cemetery is a nuisance per se....

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  • 3. 

    A Funeral Home, under the proper authorization from the next of kin, must release a dead human body even if the family has not paid the bill. 

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    Under the proper authorization from the next of kin, a Funeral Home is required to release a dead human body, regardless of whether the family has paid the bill or not. This is because the release of the body is a matter of respect and dignity for the deceased, and it is not contingent upon the payment of funeral expenses.

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  • 4. 

    The OCME/ The Medical Examiner may order an autopsy, even against the expressed wishes of the next of kin?

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    Under most circumstances, the OCME will listen to religious practices and attempt to abide by them, but they are under no legal obligation to do so.

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  • 5. 

    A dead human body is not property and as such is not subject to replevin.

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    Replevin: An act to recover personal property.

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  • 6. 

    The funeral director has no liability for volunteer drivers in the funeral procession.

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    Volunteer drivers (usually referring to the next of kin, friends ect) driving to and from the Funeral home to church, cemetery ect....Contract drivers or staff drivers are a different story...they need to be insured as the funeral director is liable for there actions in his/her service/employ.

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  • 7. 

    A charge against another's property as security for a debt or claim is?

    • A.

      A lien

    • B.

      An easement

    • C.

      A debt

    • D.

      An obligation

    Correct Answer
    A. A lien
    Explanation
    A human body can never be used as a lien...you can never keep the body, as collateral against the debt., even if payment is not forthcoming the body must be released to the wishes of the next of kin or legal authorities.

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  • 8. 

    In a bailment, the person who retains title, but gives up possession of the goods is called?

    • A.

      The bailee

    • B.

      The consignee

    • C.

      The contractor

    • D.

      The bailor

    Correct Answer
    D. The bailor
    Explanation
    In a bailment, the person who retains title, but gives up possession of the goods is called the bailor. The bailor is the owner of the goods and temporarily transfers possession to the bailee, who is responsible for the safekeeping and return of the goods. The bailor still maintains ownership rights and can reclaim the goods once the purpose of the bailment is fulfilled.

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  • 9. 

    L. Kohlberg's stages of moral development in which the individual does not understand the rules, and doesn't feel a sense of obligation to them are?

    • A.

      Pre-Moral stage

    • B.

      Pre-Conventional stage

    • C.

      Post-Conventional stage

    • D.

      Conventional stage

    Correct Answer
    A. Pre-Moral stage
    Explanation
    The correct answer is Pre-Moral stage. In this stage of moral development, individuals do not understand the rules and do not feel a sense of obligation to follow them. They are primarily concerned with avoiding punishment and seeking rewards, rather than considering ethical principles or the needs of others. This stage is characterized by a lack of moral reasoning and a focus on self-interest.

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  • 10. 

    Which of the following is not ethical behavior in regards to the body of the deceased? 

    • A.

      Performing an embalming on a contracted direct cremation for school

    • B.

      Accepting golf trips for a Vault contract

    • C.

      Allowing personal friends to view an embalming

    • D.

      All of the above

    Correct Answer
    D. All of the above
    Explanation
    All of the options listed in the question are examples of unethical behavior in regards to the body of the deceased. Performing an embalming on a contracted direct cremation for school goes against the wishes and agreements made with the deceased and their family. Accepting golf trips for a Vault contract implies a conflict of interest and unethical behavior in accepting personal benefits in exchange for business. Allowing personal friends to view an embalming violates the privacy and dignity of the deceased and their family. Therefore, all of the options mentioned are not ethical behaviors in regards to the body of the deceased.

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  • 11. 

    L. Kohlberg's Stage in which the individual considers universal moral principals that supersede the authority of the group is termed?

    • A.

      Pre-Moral stage

    • B.

      Conventional stage

    • C.

      Pre-Conventional stage

    • D.

      Post-Conventional stage

    Correct Answer
    D. Post-Conventional stage
    Explanation
    The correct answer is Post-Conventional stage. In this stage, individuals develop their own set of moral principles that are based on universal ethical values rather than relying on the authority of the group. They understand that there are higher moral principles that should guide their actions, even if they conflict with societal norms or laws. This stage represents a higher level of moral reasoning and autonomy.

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  • 12. 

    L. Kohlberg's stage in which moral reasoning is based on reward and punishment from those of authority is termed?

    • A.

      Conventional stage

    • B.

      Pre-Moral stage

    • C.

      Pre-Conventional stage

    • D.

      Post-Conventional stage

    Correct Answer
    C. Pre-Conventional stage
    Explanation
    The Pre-Conventional stage in Kohlberg's theory of moral development is characterized by moral reasoning that is based on reward and punishment from authority figures. In this stage, individuals make decisions based on the consequences they will face, seeking to avoid punishment and gain rewards. They are primarily concerned with their own self-interest and do not consider broader ethical principles or societal norms. This stage typically occurs in children and some adults who have not yet developed a more complex understanding of moral reasoning.

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  • 13. 

    A stage of moral development in which the expectation of the social group (Family, nation, and community) are supported and maintained is termed?

    • A.

      Pre-Conventional stage

    • B.

      Pre-Moral stage

    • C.

      Post-Conventional stage

    • D.

      Conventional stage

    Correct Answer
    D. Conventional stage
    Explanation
    The conventional stage of moral development refers to a stage where individuals conform to societal norms and expectations. During this stage, people prioritize maintaining social order and fulfilling their roles and responsibilities within their family, nation, and community. They seek approval and acceptance from others and may feel guilty or anxious if they deviate from societal expectations. This stage is characterized by a focus on conformity and following the rules set by the social group.

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  • 14. 

    A nuncupative will is?

    • A.

      A holographic will

    • B.

      A typed Will

    • C.

      A handwritten will

    • D.

      An oral will

    Correct Answer
    D. An oral will
    Explanation
    An oral will, also known as a nuncupative will, is a type of will that is spoken aloud by the testator in the presence of witnesses. It is usually used in urgent situations where the testator is unable to write a formal will. However, oral wills are not widely recognized and are subject to strict legal requirements and limitations. They are often considered less reliable and more prone to disputes and challenges compared to written wills.

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  • 15. 

    George's Funeral Home and Crematory were found guilty of $25,000 in a claim of Mutilation on a $1,500 direct cremation funeral in which the body was embalmed for educational purposes prior to the Medical Examiner, filing the case. The OCME informed the family of the "Mutilation". In this court case, the damages were?

    • A.

      Compensatory

    • B.

      Punitive

    • C.

      Nominal

    • D.

      Criminal

    Correct Answer
    B. Punitive
    Explanation
    Punitive "for the purpose of" Punishment. This would occur in a civil claim, dependent upon the "damage" this could be considered a criminal claim...but a minor infraction like "improper care of a dead human body", usually a low crime...."Surprisingly"!

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  • 16. 

    The Funeral home stole the defendant's wedding ring, and a lawsuit was enacted 20 years latter, the most likely reason the suit was "Thrown out of Court" was?

    • A.

      The Statute of Limitations

    • B.

      Stare Decisis

    • C.

      The Statute of Frauds

    • D.

      Special Performance

    Correct Answer
    A. The Statute of Limitations
    Explanation
    The most likely reason the lawsuit was "thrown out of court" is because of the Statute of Limitations. This legal principle sets a time limit within which a lawsuit must be filed after the occurrence of an event. In this case, the theft of the wedding ring happened 20 years ago, which is likely beyond the statute of limitations for filing a lawsuit. Therefore, the court would dismiss the case as it was not filed within the specified time frame.

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  • 17. 

    A Funeral Director entered a contract with Mr's Jones the 105-year-old Matriarch of the "JONES PORK COMPANY", worth $30,000,000, her $50,000 funeral was contested by her heirs because she had a visiting nurse who cared for her the last year of her life, one who was appointed her Executrix and who Mrs. Jones had requested her entire fortune to, after a change in her will, three days prior to her death. The heirs claim that Nurse Mary had "what" towards the elder Mrs. Jones?

    • A.

      Undue influence

    • B.

      Power of Attorney

    • C.

      Durable Power

    • D.

      Health Care Proxy

    Correct Answer
    A. Undue influence
    Explanation
    The correct answer is "Undue influence." The heirs claim that Nurse Mary had exerted undue influence over Mrs. Jones, leading her to change her will and appoint Nurse Mary as the sole beneficiary of her fortune. Undue influence refers to the manipulation or coercion of a person to make decisions that are not in their best interest, often for the benefit of the influencer. In this case, the heirs argue that Nurse Mary used her position of trust and authority to manipulate Mrs. Jones into changing her will in her favor.

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  • 18. 

    Dartmouth College Anatomical donation took consent for a donation from Mary, the mother of Jonas, a boy who drowns in Sebago Lake in Me. The college lost the body during transport and Mary set a lawsuit against the college. The court dismissed the charges, what was a possible reason for this ruling?.  

    • A.

      Mary had relinquished her paramount right to direct disposition

    • B.

      The Anatomical lab had better insurance

    • C.

      The Dead body is quazi property, never Mary's to begin with

    • D.

      The Funeral Home was to blame for the loss, not the College

    Correct Answer
    A. Mary had relinquished her paramount right to direct disposition
    Explanation
    Rauhe v. Langeland Chaple, 44 Mich. App. 371,265 N>W> 2d 313 (1973) President case. Paramount right can be "WAIVED". Like wise groups who operate under the Anatomical Gift act can not be held liable , if "Acting in GOOD FAITH" ! Pg. 22 Mortuary Law

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  • 19. 

    Hobson's Funeral Parlor contracted with the estate of Mr. Gaines, he has no heirs and no next of kin. The administrator of his estate informed the Funeral Home of the estate's estimated net worth during the arrangement conference. The Funeral Bill of $15,000 is now in probate, the court has an accounting of the total estate of $20,000, the funeral home has been given Primary obligor, but the court issues a ruling for half the funeral bill. Why?

    • A.

      Hobson's was aware of the Estates estimated worth

    • B.

      Reasonableness of the funeral bill, is excessive

    • C.

      There is no "WILL" No expressed authorization to pay the Funeral expenses from the Estate

    • D.

      Additional Creditors have claims in excess of $20,000

    • E.

      All Above are Potential and compelling reasons for the court to rule this way

    Correct Answer
    E. All Above are Potential and compelling reasons for the court to rule this way
    Explanation
    (See Pg. 36 in Gilligan's Mortuary Law "Reasonableness of the Funeral Bill". If you know, the estate may not be able to pay, running an expensive funeral is counterproductive, you may not get paid. Inflating the bill, is unethical and if services were not rendered illegal.

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  • 20. 

    Mary expressed to the funeral director at Graves Funeral Home and Crematory, that she wished the service to be "PRIVATE". The Local newspaper was sent the following Obit: "Mr. James Mason died at home surrounded by family. Services will be Saturday at Lawn Field Cemetery, 7 am. Family requests donation to the Soldiers and Sailors fund in place of flowers." Protestors from a conservative Christian Church attended the Cordage and disrupted the Graveside service. Why did the court rule in favor of the plaintiff (Mary), when she placed a lawsuit against Graves Funeral Home?

    • A.

      Breach of Contract (She expressly asked for a private service) and the obit. was incorrectly transcribed to the newspaper, leading to an "Open invitation" to the Public.

    • B.

      Due diligence in protecting the service was not performed or requested to be performed by the funeral home. They should have requested private security.

    • C.

      A waiver was never signed, holding the funeral home not responsible for security

    • D.

      All of the above were potential reasons

    Correct Answer
    D. All of the above were potential reasons
    Explanation
    The court ruled in favor of the plaintiff (Mary) because all of the above reasons were potential factors contributing to the breach of contract by Graves Funeral Home. Mary had explicitly requested a private service, but the obituary published in the newspaper incorrectly invited the public. The funeral home failed to perform due diligence in protecting the service and did not request private security. Additionally, there was no signed waiver holding the funeral home not responsible for security. These combined factors led the court to rule in favor of Mary.

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  • 21. 

    Woods Funeral home received a call from Autopsy Services Inc. to recover Sperm for Cryopreservation on Mr. Franks. Upon review of the consent documents the next day, the signature was from Mr. Franks First and divorced wife. His current spouse, filed a lawsuit, what were the potential torts she assigned the funeral home for?

    • A.

      Assault

    • B.

      Mutual responsibility for mutilation, Breech of Contract : "Failure to Protect"

    • C.

      Fraud

    • D.

      Theft of Human Products of Conception

    Correct Answer
    B. Mutual responsibility for mutilation, Breech of Contract : "Failure to Protect"
    Explanation
    The potential torts assigned to the funeral home by Mr. Franks' current spouse could be mutual responsibility for mutilation and breach of contract for "failure to protect." This is because the funeral home received a call from Autopsy Services Inc. to recover sperm for cryopreservation without the proper consent from Mr. Franks or his current spouse. By proceeding with the procedure based on the consent documents signed by Mr. Franks and his divorced wife, the funeral home failed to protect the rights and interests of Mr. Franks and his current spouse, which can be considered a breach of their duty of care.

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  • 22. 

    Most Business Contracts are?

    • A.

      Implied and Formal

    • B.

      Simple and Implied

    • C.

      Simple and Expressed

    • D.

      Implied and Expressed

    Correct Answer
    C. Simple and Expressed
    Explanation
    Most Contracts are Simple and "Written" (Expressed)

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  • 23. 

    The surviving spouse is not legally defined as a next of kin.

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The spouse is not consanguineous...not blood-related. However, does have the paramount right of disposition.

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  • 24. 

    A "Hate Group" has issued a lawsuit against Harry's Funeral Home for obstructing there "Protest" of a resent "Terrorist's" Funeral. The Funeral Director set up roadblocks with his Hearse's and purchased private security to guard the Street and church and cemetery entrances, the resulting riot between the funeral procession, private security, and "The GROUP", caused two injuries, one serious and the other potentially fatal. The Lawsuit claims the first amendment "Freedom of Speech" was violated, and the protest was on CITY/STATE property and allowed, and that the funeral director and his "Private security" detail violated "THE GROUPS" rights. The group's lawsuit won, the reason was?

    • A.

      Stare's Decisis

    • B.

      Violation of Administrative law

    • C.

      Violation of state RSA

    • D.

      Violation of Police Powers ACT

    Correct Answer
    A. Stare's Decisis
    Explanation
    Although lower courts have ruled in such cases, the US Supreme Court has ruled non-violent protests, despite there "Violent, rude or hate-filled" messages, have the right to protest on Public Property...even if they "offend and dishonor" the funeral procession. High Profile cases such as this are rare, but the appropriate "Security measures" albeit needed, should have legal advice and even police involvement to avoid potential legal ramifications in the long term. As to the question at hand..."Stare's Decisis" is the reason because previous court precedent has been documented and due to this, the court followed the "previous" orders.

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  • 25. 

    Jane 65 entered a Nursing Home, her assets were depleted and Medicaid / Medicare was the only insurance she held, 7 years prior she purchased an irrevocable pre-need contract for her funeral in the dollar amount of $20,000. The Nursing home accountant attempted to seize this as an asset. Would he be successful?

    • A.

      NO, SSI/Medicaid regulations allow this

    • B.

      Yes, there is a 10 year look-back for assets

    • C.

      NO, The state would go after the funds

    • D.

      Yes, the fund needs to be revocable

    Correct Answer
    A. NO, SSI/Medicaid regulations allow this
    Explanation
    IRREVOCABLE PRE-NEED ASSETS ARE SHELTERED

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  • 26. 

    Williams Construction was excavating a cellar hole in Ohio, an old Grave yard from the 1850's was discovered, the graves were moved, but local authorities charged the company with "Grave Robbing", the court ruled in the company's favor, Why?

    • A.

      "The Body is not an everlasting thing, after going through an undefined degree of decomposition , it ceases to be a dead body in the eyes of the law."

    • B.

      No one claimed the bodies

    • C.

      No next of kin or linage to current residents could be found

    • D.

      No knowledge of the sites existence remained in town records

    • E.

      The site was on Federal Land

    Correct Answer
    A. "The Body is not an everlasting thing, after going through an undefined degree of decomposition , it ceases to be a dead body in the eyes of the law."
    Explanation
    The court ruled in the company's favor because according to the statement given, the bodies in the old Grave yard had undergone decomposition to an undefined degree, which means they were no longer considered as dead bodies in the eyes of the law. Additionally, there was no claim made by anyone, no next of kin or lineage could be found, and there was no knowledge of the site's existence in town records. Moreover, the site was on Federal Land, which might have influenced the court's decision.

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  • 27. 

    A minor uses the parent's credit card to order an online casket for his dead dog, this contract is?

    • A.

      Void

    • B.

      Can be Disaffirmed

    • C.

      Voidable

    • D.

      B and C only

    Correct Answer
    A. Void
    Explanation
    Minors can not enter into a contract, however, the Parents might be liable for the debt.

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  • 28. 

    The Organ Bank, performed a manual dissection skin recovery, in the consent document, Specific reference to the ability to have an open-casket funeral service was referenced. The Funeral home had great difficulty obtaining adequate preservation of the body and the family was informed that no such "Open Casket" Funeral was possible. The family in light of investigation of the organ banks outreach to local mortuary schools and its direct contract with reconstructive mortuary supply firms (offering free training to ALL embalmer in the OPO's service area) filed a lawsuit against the funeral home because they deemed the OPO/ORGAN Bank not responsible for the ability of the funeral home to provide an open casket funeral service. What tort did they site?

    • A.

      Intentional infliction of mental distress "Mental Anguish"

    • B.

      Moral Turpitude

    • C.

      Mutilation

    • D.

      Negligence (Negligent infliction of Mental distress)

    Correct Answer
    D. Negligence (Negligent infliction of Mental distress)
    Explanation
    Now , I am unaware of case law twords this, but if the means to embalm and restore the body are available and the promise was made to do so, and the instruction on how to best do so are available, this to me is a potential tort violation. it is certainly the job we are here to do, negligently not being educated or refusing to do the job, seems to me to be negligent of our duties. We need to work together OPO's and Funeral service to do the job we promised to our families.

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  • 29. 

    Dan is a Deputy Medical Examiner and a Tissue Recovery Technician for a local Eye bank, he contracts with a medical researcher in Virginia to gain consent from Next of Kin for brain recovery for research on ALS. The consented  and recovered cases he will ship to Virginia for dissection. His compensation is $1,000.00 per recovery. He forges consent documents and steals brains from cases about to be cremated, that he signs off for the MEO. Is the contract with the medical  laboratory _________________________?

    • A.

      A Valid Contract

    • B.

      A Void Contract

    • C.

      A Voidable Contract

    • D.

      None of the above

    Correct Answer
    C. A Voidable Contract
    Explanation
    The "Contract" is Valid, but due to his Crimes: Forgery, Theft by deception, Mutilation of a corpse, Interstate transport of Stolen goods and other crimes, the Contract is Voidable due to the "FRAUD" in the inducement and the contracts misrepresentation of its material facts (The Forged Consent documents) The Contract is not void...the Medical Lab did not sign on to commit crimes, under the UAGA (Uniform Anatomical Act) the recovery of tissues for research is legal, as long as informed consent is gained,
    Based on a real case in Maine in the 1990's. I replaced that Eye Bank Technician.

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  • 30. 

    Which of the following is true about OSHA's Needle Stick Safety and Prevention Act?

    • A.

      Trocars must be stored capped or in a PVC enclosure

    • B.

      The act was initiated in 1991

    • C.

      The act requires weekly updated sharps injury logs

    • D.

      Suture needles can be stored in a Styrofoam block

    Correct Answer
    A. Trocars must be stored capped or in a PVC enclosure
    Explanation
    The act was Passed by Congress in 2000 and took effect in 2001, Suture needles can be stored in a disinfectant soaked sponge. Needle exposure control plans must be updated yearly !

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  • 31. 

    Which one of the following is not one of the exceptions to the Funeral Rule's prohibition on Tying arrangements?

    • A.

      Distribution of the GPL

    • B.

      Legal Requirements of State or Local Law

    • C.

      Non -Declinable Basic Service Fee

    • D.

      Impossible, Impractical or Excessively Burdensome Requests

    Correct Answer
    A. Distribution of the GPL
    Explanation
    Pg. 99-100 Mortuary Law Text

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  • 32. 

    If a Funeral Home transfers a product from the manufacturer's container into its own container, the Funeral Home must re-label the new container, unless?

    • A.

      The Product is placed in a container of less than 10 Gallons AND used immediately

    • B.

      The Product is transferred into a container of greater than 10 gallons

    • C.

      The Product is used immediately

    • D.

      The product is stored immediately

    Correct Answer
    A. The Product is placed in a container of less than 10 Gallons AND used immediately
    Explanation
    If the product is placed in a container of less than 10 gallons and used immediately, the Funeral Home does not need to re-label the new container. This suggests that re-labeling is only necessary if the product is stored for a longer period of time or if it is transferred into a larger container.

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  • 33. 

    A Funeral Home must inform the employee of a formaldehyde exposure, as found on monitoring equipment with in?

    • A.

      10 Day's

    • B.

      15 Day's

    • C.

      5 Day's

    • D.

      30 Day's

    Correct Answer
    B. 15 Day's
    Explanation
    A Funeral Home must inform the employee of a formaldehyde exposure within 15 days. This is necessary because formaldehyde is a hazardous substance that can cause health issues if there is prolonged exposure. By informing the employee within 15 days, the Funeral Home ensures that the employee is aware of the potential exposure and can take necessary precautions to protect their health.

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  • 34. 

    Joan is survived by her 2 Adult Sons and her 3 Brothers. Who should sign the Cremation Authorization ?

    • A.

      Her Eldest Son

    • B.

      Both her Son's

    • C.

      Her Two Eldest Brothers

    • D.

      All her Brothers

    Correct Answer
    A. Her Eldest Son
    Explanation
    The eldest son should sign the cremation authorization because he is the closest immediate family member and therefore has the legal authority to make decisions regarding the deceased's remains. The fact that Joan is survived by her two adult sons and three brothers does not necessarily mean that all of them have equal authority in this situation.

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  • 35. 

    Joan has placed 5,000 in a revocable pre-need, she is now an SSI/Medicaid participant, under the Burial Funds Exclusion, how much of the Pre-Need funds will be counted as income/resource in the application for Medicaid/SSI eligibility purposes?

    • A.

      $5,000

    • B.

      Non of the funds

    • C.

      All of the funds

    • D.

      $3,500

    Correct Answer
    D. $3,500
    Explanation
    In a "REVOCABLE" Pre-Need Contract any funds in excess of $1,500 will be considered income and non sheltered for the purposes of the funeral contract. They could be seized by the state for SSI / Medicaid Purposes. The Only "REAL" way to shelter these assets is an "IRREVOCABLE PRE-NEED CONTRACT" !

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  • 36. 

    A Will: written and signed by the testator in his/her own hand is deemed?

    • A.

      Testate

    • B.

      A Holographic Will

    • C.

      A Nuncupative Will

    • D.

      A Dying Declaration

    • E.

      A Soldiers and Sailors Will

    Correct Answer
    B. A Holographic Will
    Explanation
    A holographic will is a will that is written and signed by the testator in their own hand. This type of will is considered valid in some jurisdictions, even if it does not meet the formal requirements of a traditional will. It is often used in emergency situations or when the testator is unable to create a formal will.

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  • 37. 

    When one promises to refrain from doing something, his/her conduct is known as?

    • A.

      Forbearance

    • B.

      Consideration

    • C.

      Ratification

    • D.

      Disaffirmance

    Correct Answer
    A. Forbearance
    Explanation
    DEFINITION of 'Disaffirmance': The right to renounce a contract and thereby void any legal obligations resulting from the contract. To void the contract, the person must indicate he or she will not be bound by the contract. This can be explicitly expressed by the person in a declaration or implied when the person performs an act that indicates he will not abide by the terms of the contract. Disaffirmance occurs when an avoidable contractual obligation is renounced. Minors or, in some cases, persons who can prove they lacked the capacity to enter a legally binding contract - intoxication, mental incompetence, etc. - can disaffirm a contract and therefore avoid all legal obligations set forth in the contract.

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  • 38. 

    John dies in a Hotel, His Wife and Son are on Vacation, Climbing In the Alps and unreachable, Bob's Minor Daughter is at home with a baby sitter, who has the duty of burial for John?

    • A.

      The Householder: The Hotel Owner

    • B.

      His Wife

    • C.

      His Son

    • D.

      His Minor Daughter

    • E.

      The State

    Correct Answer
    A. The Householder: The Hotel Owner
    Explanation
    "Where the death occurs in a hospital, the hospital authority is liable, as the person on whose premises the body is situated, to arrange for the burial or cremation of the deceased patient.” The Common law practice of "HOUSEHOLDER" applies here ! Now that doesn't imply pay for, just a responsibility to make sure it happens. You just can't leave the dead guy in the lobby!

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  • 39. 

    Which of the following is not considered a "Household Good" and may be used as collateral in a loan or subject to disposition in a bankruptcy?

    • A.

      Personal Effects (Including: Wedding Rings)

    • B.

      Clothing

    • C.

      Antiques (Anything over 100 Years Old and valued at over $500.00)

    • D.

      China

    • E.

      Appliances

    • F.

      1 TV, 1 VCR, 1 Radio

    Correct Answer
    C. Antiques (Anything over 100 Years Old and valued at over $500.00)
    Explanation
    http://www.justice.gov/ust/eo/public_affairs/reports_studies/docs/Rpt_to_Congress_Household_Goods.pdf

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  • 40. 

    In jurisprudence, undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another person, a contract in which undue influence is proven the contract is considered?__________________by the innocent party, and the remedy is rescission

    • A.

      Void

    • B.

      Voidable

    • C.

      Valid

    • D.

      Implied

    • E.

      Nolo contendere

    Correct Answer
    B. Voidable
    Explanation
    Nolo contendere : is a legal term that comes from the Latin for "I do not wish to contend." It is also referred to as a plea of no contest. In criminal trials in certain U.S. jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. A no-contest plea, while not technically a guilty plea, has the same immediate effect as a guilty plea, and is often offered as a part of a plea bargain

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  • 41. 

    The body of Mr. Jones is in the morgue at Johnson Funeral Home in Ma. were the death occurred, but the case is to handled by the Smith Funeral Home in NJ, was the Next of Kin reside. The relationship the two funeral homes share with the body is called?

    • A.

      Constructive Possession

    • B.

      Actual Custody

    • C.

      Contract Custody

    • D.

      Present Custody

    Correct Answer
    A. Constructive Possession
    Explanation
    Constructive possession is a legal fiction to describe a situation where an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as a person with actual possession.

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  • 42. 

    According to the OSHA 2001 Needlestick regulation, Stainless steel needles (Old School) are NOT acceptable to be stored in? 

    • A.

      Cork

    • B.

      Disinfectant solution

    • C.

      Plastic Tubing

    • D.

      Disposed of after every use

    Correct Answer
    A. Cork
    Explanation
    It is probably best to change to disposable needles and needles that have a safety device inherent to them. Re-capping needles by hand is unsafe!

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