Mortuary And Business Law Quiz: Test!

43 Questions | Total Attempts: 106

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Mortuary And Business Law Quiz: Test!

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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

  • 2. 
    A cemetery is not a nuisance per se.
    • A. 

      True

    • B. 

      False

  • 3. 
    The surviving spouse is not legally defined as a next of kin.
    • A. 

      True

    • B. 

      False

  • 4. 
    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

  • 5. 
    The OCME/ The Medical Examiner may order an autopsy, even against the expressed wishes of the next of kin?
    • A. 

      True

    • B. 

      False

  • 6. 
    A dead human body is not property and as such is not subject to replevin.
    • A. 

      True

    • B. 

      False

  • 7. 
    The funeral director has no liability for volunteer drivers in the funeral procession.
    • A. 

      True

    • B. 

      False

  • 8. 
    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

  • 9. 
    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

  • 10. 
    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

  • 11. 
    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

  • 12. 
    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

  • 13. 
    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

  • 14. 
    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

  • 15. 
    A nuncupative will is?
    • A. 

      A holographic will

    • B. 

      A typed Will

    • C. 

      A handwritten will

    • D. 

      An oral will

  • 16. 
    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

  • 17. 
    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

  • 18. 
    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

  • 19. 
    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

  • 20. 
    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

  • 21. 
    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

  • 22. 
    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

  • 23. 
    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

  • 24. 
    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

  • 25. 
    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

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