NBE Arts: Law, FTC, & Ethics

The main source for funeral service regulation:
A. City Council
B. Federal Government
C. State Legislature
D. Vatican Law

C. State Legislature

A man dies in a hotel while on vacation with his wife and children. The local funeral home was called by the local police department for removal. The wife refuses to make funeral arrangements. Who has the Duty of Burial?
A. Chief of Police
B. Children
C.

C. Hotel Owner

Removal of a dead human body from its place of repose after final disposition has been completed:
A. Cremation
B. Exhumation
C. Internment
D. Inurnment

B. Exhumation

This officer of an ocean going vessel can authorize mandatory burials at sea:
A. Captain
B. First Mate
C. Ships Captain
D. Ships Doctor

A. Captain

The Right of Disposition that givers person with Paramount Right of Disposition the power to bar others from attending the services;
A. Right of burial
B. Right to choose disposition
C. Right to control the funeral
D. Right of custody

C. Right to Control the Funeral

Type of warranty that indicates merchantability of merchandise for sale:
A. Expressed
B. General
C. Implied
D. Limited

C. Implied

Legal doctrine that is the basis for case law:
A. Habeas corpus
B. Quid pro quo
C. Stare decisis
D. Supremacy of the law

C. Stare decisis

Conclusive performance of services with respect to the dead human body
A. End Status
B. Final Disposition
C. Terminating Act
D. Ultimate Placement

B. Final Disposition

A man dies, leaving behind this ex-wife, an adult son from a previous marriage, a brother and both parents. Under the General Rule of Priority, who has the Paramount Right of Disposition?
A. Brother
B. Ex-wife
C. Son
D. Parents

C. Son

Legislative act governing the donation of part of all of a decedent's body for the purpose of medical research:
A. Anatomical Gift Act
B. Cadaver Donation Act
C. Organ Donor Act
D. Tissue Gift Act

A. Anatomical Gift Act

Legal theory of the status of a dead body that states that a body is not property, but does come with rights and responsibilities attached to it:
A. Ecclesiastical theory
B. No-property theory
C. Property theory
D. Quasi-property theory

D. Quasi-property Theory

Legally, final disposition must always be made in a manner that is acceptable to:
A. Ancestors
B. Church doctrine
C. Entire family
D. The public

D. The Public

The landmark case of Pettigrew v Pettigrew legally defined the:
A. Definition of a dead body
B. Definition of disintegration
C. General rule of priority
D. No-property theory

C. General Rule of Priority

A family arranges for the cremation of their mother. They choose a fiberboard, cloth covered receptacle to house the body that does not have a fixed interior. This receptacle would be considered a/an:
A. Alternative cremation container
B. Cremation casket

A. Alternative Cremation Container

Ability of state legislatures that allows them to create laws for the protection of the public:
A. Common Law
B. Eminent Domain
C. Police Power
D. Stare Decisis

C. Police Power

A family calls the funeral home to make a removal from their home. What type of contract are the family and funeral home entering to?
A. Expressed
B. Implied
C. Post-need
D. Pre-need

B. Implied

The most common used legal definition of death states that death occurs when this organ ceases to function:
A. Brain
B. Heart
C. Lungs
D. Kidneys

A. Brain

Chamber specifically designed for the cremation of a dead human body:
A. Exhort
B. Incinerator
C. Processor
D. Retort

D. Retort

Written laws enacted by cities and townships:
A. Court opinions
B. Ordinances
C. Proclamations
D. Statutes

B. Ordinances

Jon is going on safari in Africa. He sets up a power of attorney that gives his daughter the power to handle all of his affairs, but only in the event that he does not return from the trip within a month. What type of power of attorney did Jon set up?
A.

C. Springing General

A family has their relative cremated. They do not make any further arrangements for the disposition of the cremated remains. The funeral director should:
A. Lay the cremated remains to rest after the state time limit expires
B. Scatter the cremated remain

A. Lay the cremated remains to rest after the state time limit expires

A family calls the funeral home to remove the body of their mother from the hospital to take to the funeral home for burial. What type of custody will the funeral home have upon retrieving the body from the hospital?
A. Actual
B. Constructive
C. Holograph

A. Actual

Which one of the following is NOT a source of law for funeral service?
A. Canon law
B. Case law
C. Common law
D. Statutes

A. Canon Law

The first civilization to enact funeral laws:
A. Aztecs
B. Egyptians
C. Greeks
D. Hebrews

C. Greeks

The power of government to take private land for public use:
A. Eminent domain
B. Omniscient remand
C. Quid pro quo
D. Stare decisis

A. Eminent Domain

Legal tenant that states that all people are entitled to a dignified final disposition:
A. Duty of Burial
B. Duty of Disposition
C. Right of Canon Precedence
D. Right of Decent Burial

D. Right of Decent Burial

Clause in a funeral contract that holds all people signing the contract equally liable for fulfilment of that contract:
A. All encompassing liability
B. Amalgamated or single liability
C. Joint and several liability
D. Unified liability

C. Joint and several liability

A dead human body that is intended solely for scientific study and dissection:
A. Cadaver
B. Corpse
C. Skeleton
D. Wight

A. Cadaver

The reduction of a dead human body to inorganic bone fragments via intense heat:
A. Atomization
B. Cremation
C. Disintegration
D. Immolation

B. Cremation

Listing of individual goods and services provided with corresponding prices for each is called:
A. Dilineation
B. Itemization
C. Replevin
D. Singularization

B. Itemization

The legal definition of a dead body:
A. A dead body that has been entirely disintegrated
B. A dead human body that is buried and completely disintegrated
C. The human body that is dead and partially disintegrated
D. The body of a human being deprived of l

D. The body of a human being deprived of life but not yet entirely disintegrated

Power of Attorney ends at the time of the principles:
A. Death
B. Marriage
C. Maturity
D. Birthday

A. Death

Two brothers making arrangements for the disposition of their father. One brother wants to bury their father , the other wants their father to be cremated. To which type of court would the brother s go to resolve this situation?
A. Court of Decision
B. Co

B. Court of Equity

A person who owns or controls the property where a death has occurred:
A. Agent
B. Householder
C. Next of Kin
D. Paramount Arranger

B. Householder

Inorganic bone fragments lefts over after the cremation process:
A. Burnings
B. Cremains
C. Crematory dust
D. Cresidue

B. Cremains

The supreme law of the United States:
A. Common Law
B. State Constitutions
C. Supreme Court
D. U.S. Constitution

D. U.S. Constitution

Branch of law that deals with legislatures creating laws to enact their powers and duties:
A. Administrative Law
B. Business Law
C. Civil Law
D. Criminal Law

A. Administrative Law

Structure or room that contains several niches:
A. Columbarium
B. Ossuary
C. Retort
D. Lawn Crypt

A. Columbarium

Two sisters come in to make arrangements for their mother. One sister wants to cremate their mother, though she cannot afford to pay for the cremation. The other sister wishes to bury their mother, and she is willing to pay for the entire services. Which

C. Hold the body until the sisters come to an agreement

On a funeral contract, the funeral director must include mandatory FTC disclosures if the contract is:
A. Also a credit report
B. Also a statement of goods and services
C. Expressed
D. Irrevocable

B. Also a statement of goods and services

The Magnuson-Moss Warranty Act states that funeral directors must disclose certain information about any warranties, unless the funeral home:
A. Disclaims all warranties
B. Extends credit to a family
C. Sells only caskets
D. Writes its own warranties

A. Disclaims all warranties

Generally speaking, it is important that funeral contracts be entered into with a person that is/has:
A. Duty of burial
B. Householder
C. Oldest
D. Paramount right of disposition

D. Paramount right of disposition

The person signing cremation authorization, giving permission for the cremation to take place:
A. Authorizing agent
B. Cremation representative
C. Disposition designee
D. Trustee

A. Authorizing agent

Receptacle used to transport and house the body for the cremation process:
A. Cremation Container
B. Ossuary
C. Urn
D. Urn Vault

A. Cremation container

Permit that allows a purposed building to be built in a zone that would not normally permit that type of structure to operate:
A. Grandfather clause
B. Non-complete clause
C. Non-conforming use license
D. Variance

D. Variance

Municipal ordinances dictating types of building usage within particular geographic areas of the municipality:
A. Building Codes
B. Easement Ordinances
C. Usage Laws
D. Zoning Regulations

D. Zoning regulations

Pre-need trusts that allow for the trust to pay the income tax on the interest:
A. Open trust
B. Qualified Trust
C. Solvent Trust
D. Taxation Trust

B. Qualified trust

Jim dies and has no family. His estate would have primary liability to pay for his funeral based on the concept of which type of contract?
A. Express
B. Implied
C. Quasi
D. Testamentary

C. Quasi

According to the FTC, to be considered a Door to Door sale, the total sales amount must be over:
A. $25
B. $150
C. $250
D. $500

A. $25

A corporation owned by stockholders from the general public who are not part of a certain profession:
A. Partnership
B. Private corporation
C. Professional corporation
D. Public enterprise

B. Private corporation

Billy receives a painting and some jewelry from his mother's estate. Billy would be which type of heir?
A. Devisee
B. Beneficiary
C. Legatee
D. Testator

C. Legatee

In most jurisdictions, which one of the following would would have paramount liability for paying funeral expenses?
A. Children
B. Decedent's estate
C. Personal representative
D. Spouse

B. Decedent's estate

Written document that changes a will, without voiding said will:
A. Codicil
B. Noncuparation
C. Revocation
D. Tortuous Act

A. Codicil

Act that completely disregards proper conduct and transcends the bounds of common decency:
A. Act of Amok
B. Criminal Act
C. Outrageous Act
D. Tortuous Act

C. Outrageous Act

The process of administering the decedents estate:
A. Abatement
B. Escheat
C. Probate
D. Replevin

C. Probate

Jules sets up a pre-need for her mother with the local funeral home. The money paid is placed into a trust company. In this scenario, who is trustor?
A. Jules
B. Her mother
C. The funeral home
D. The trust company

A. Jules

Your funeral home hires a trade service to provide and drive a hearse for one of your funerals. This trade service drive would be considered what type of driver?
A. Agent
B. Draftee
C. Livery
D. Volunteer

C. Livery

State or condition of having died without a valid will:
A. Insolvent
B. Intestate
C. Solvent
D. Testate

B. Intestate

Failure to exercise ordinary care:
A. Breach of contract
B. Felony
C. Negligence
D. Outrageous Act

C. Negligence

John sets up a pre-need contract that can be cancelled at any time, but may require future payments for services contracted for. What type of pre-need did John set up?
A. Irrevocable guaranteed
B. Irrevocable non-guaranteed
C. Revocable guaranteed
D. Revo

D. Revocable non-guaranteed

An oral will is termed:
A. Holographic
B. Nuncupative
C. Revocative
D. Quasi-legal

B. Nuncupative

Bill dies without a will and is survived by his wife and daughter. Bill left an estate of $80,000. Under the Uniform Probate Code, how much of the estate would go to the daughter?
A. $5,000
B. $10,000
C. $15,000
D. $20,000

C. $15,000

After the administration of an estate, there is $5,000 left to distribute to the heirs. This estate would be described as being:
A. Insolvent
B. Intestate
C. Solvent
D. Testate

C. Solvent

At a graveside service, you line the pallbearers up to move the casket. Without instruction, the pallbearers move the casket into the grave. When putting the casket down, one of the pallbearers falls into the grave, injuring themselves. Can the funeral ho

B. Yes, no instruction was given to the pallbearers

Unintentional violation of a persons rights:
A. Misdemeanor
B. Outrageous Act
C. Tort
D. Feaux pa

C. Tort

George is going on Medicaid. He has a revocable guaranteed trust that contains $3,000 for a casket, $5,000 for services, and $2,000 for a mausoleum crypt. How much of his pre-need trust would be considered an asset by Medicaid?
A. None, revocable guarante

C. $3,000

Which of these would be considered a nuisance per se in a residential neighborhood
A. Cemetery
B. Doctor's office
C. Garbage dump
D. Movie theatre

C. Garbage dump

Under his uncle's will, Bob was to receive his uncle's car. Bob's uncle had never completely paid off the car, so Bob could not receive it under the will. This is an example of:
A. Abatement
B. Ademption
C. Escheat
D. Excommunication

B. Ademption

Tort caused when a defendants actions were purposefully meant to cause a plaintiff severe emotional distress:
A. Incidental Infliction of Embarrassment
B. Intentional Infliction of Mental Distress
C. Negligent Infliction of Damages
D. Necessary Infliction

B. Intentional Infliction of Mental Distress

A funeral home would have how many days to return any payments if a valid cancellation of a door-to-door sale was received?
A. 5 business days
B. 10 business days
C. 15 business days
D. 20 business days

B. 10 business days

You bury the wrong body in a family grave. The family, being very upset, threatens to sue the funeral home. Does the family have grounds for a lawsuit?
A. Yes, you committed the tort of loss of body
B. Yes, you committed the tort of mutilation of a body
C

A. Yes, you committed the tort of loss of body

A man calls the funeral home to get information about pre-needs. He sets up an appointment on Monday, at his house, to set up a pre-need. After setting up the pre-need contract, the man would have until midnight of which day to cancel the contract, accord

C. Thursday

Awarded damages meant to punish a defendant:
A. Negligence awards
B. Outrage payments
C. Punitive damages
D. Tortious fees

C. Punitive damages

Under common law, who has paramount liability to pay for children's funeral expenses?
A. Fathers
B. Grandparents
C. Mothers
D. The state

A. Fathers

Bill sets up an instrument that, upon his death, will transfer all of his assets to a banking service that manages the estate for his son. Bill as just set up a/an:
A. Inter Vicios Trust
B. Living Will
C. Springing Will
D. Testamentary trust

D. Testamentary trust

A cemetery owned and used by the Catholic Church for the burial of its parishioners would be considered a:
A. National Cemetery
B. Private Cemetery
C. Public Cemetery
D. State Cemetery

B. Private cemetary

When a person purchases a cemetery plot, they are purchasing:
A. Stock in the cemetery
B. The plot as real property
C. The right to use the plot
D. The right to decorate the plot as they wish

C. The right to use the plot

Jewelry, cash and cars would all be considered to be what type of estate property?
A. Intangible personal property
B. Intangible real property
C. Tangible personal property
D. Tangible real property

C. Tangible personal property

Mental suffering, resulting from grief, severe disappointment, indignation, wounded pride, etc:
A. Existential trauma
B. Mental Anguish
C. Psychopathology
D. Somatic distress

B. Mental Anguish

Landowner's use of property which interferes with another's use of their own property:
A. Anti-zoning
B. Crime
C. Negligence
D. Nuisance

D. Nuisance

A woman appointed by the will to represent and administer the estate:
A. Administrator
B. Administratrix
C. Executor
D. Executrix

D. Executrix

Funeral homes may be held liable for their aftercare programs if those programs are held out to be:
A. Facilitation
B. Free
C. Social
D. Therapy

D. Therapy

Type of zone that is used for both housing and businesses:
A. Commercial zone
B. Industrial zone
C. Mixed-use zone
D. Residential zone

C. Mixed-use zone

John dies without a will. After administration of his estate, each of his 4 surviving children receive $1,000, while the 2 children of his dead son Bob receive $500 each. The distribution to John's children is an example of what type of intestate successi

C. Per capita

Which of the following types of pre-need vehicles are NOT considered an asset by Medicaid/SSI?
A. Guaranteed
B. Irrevocable
C. Non-Guaranteed
D. Revocable

...

Bill had set u a guaranteed pre-need insurance account for a complete traditional funeral service and a casket at a funeral home in California many years ago. He now wishes to transfer the pre-need to your funeral home. Which of the following statements b

A

At a funeral, your limousine breaks down. You ask the pastor if he would drive the family to the cemetery in his own car, making sure to describe the route to the cemetery and instructing him to follow the coach. Along the way, the pastor runs unto an abu

...

This federal act was enacted to enforce workplace safety and training:
A. Americans with Disability Act
B. Equal Employment Opportunity Act
C. Fair Labor Standards Act
D. Occupational Safety and Health Act

D

The Equal Pay Act clause of the Fair Labor Standards Act states that employers cannot discriminate in pay on the basis of:
A. Achievement
B. Age
C. Gender
D. Seniority

...

The Americans with Disabilities Act describes businesses providing goods and services to the public as:
A. Independent Venues
B. Professional Business
C. Public Accommodations
D. Service Industries

...

According to OSHA Bloodborne Pathogen Standard, containers used to store and transport infectious waste must be labeled this color:
A. Black
B. Green
C. Red
D. White

C

A funeral director is paid hourly, has wide discretion in their job, and has a Bachelor's degree. Would this funeral director be exempt from the FLSA overtime standards?
A. No, they are paid by the hour
B. No, funeral directors are never considered profes

C

So as to avoid undue hardships on employers, the ADA states that accommodations that would allow disabled employees to perform their job should be:
A. De minimus
B. Expensive
C. Quid pro quo
D. Punitive

...

The study of the symptoms and mode of transmission of pathogens:
A. Epidemiology
B. Epistemology
C. Etiology
D.

...