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Mortuary Law- Mors 200 Study Guide > NBE Study Guide Questions > Flashcards

Flashcards in NBE Study Guide Questions Deck (31):
1

Of the following, who has the primary right to control final disposition of a body?

a. adult son
b. cousin
c. creditor
d. state

adult son

2

if there is no will, the property and holdings of a deceased person will be distributed according to law and an administrator/personal representative will be appointed by the

a. closest of kin
b. funeral director
c. court
d. executor

court

3

in legal terminology, a dead human body is considered

a. real property
b. quasi-property
c. chattel
d. partial property

quasi property

4

a good business technique in funeral arrangements is to

a. promise the family a meaningful service
b. allow use of various credit arrangements
c. have a written contract
d. pre-sell

have a written contract

5

the next of kin who delivers the personal effects of the deceased to the funeral director is properly termed a:

a. personal representative
b. bailor
c. legatee
d. testatrix

bailor

6

State regulation of funeral services for the health and welfare of citizens is an example of a state's:

a. jurisdiction
b. eminent domain
c. police power
d. legislative right

police power

7

a dead human body:

a. is subject to replevin
b is not property in real sense
c. may be insured
d. may be held as security

is not property in a real sense

8

the funeral director who has physical possession of a dead human body is said to have:

a. actual custody
b. constructive custody
c. promise of custody
d. contract custody

actual custody

9

in a cortege, drivers who are under the control of the funeral director are legally referred to as:

a. contract drivers
b. lawful drivers
c. livery drivers
d. agent drivers

agent drivers

10

although a dead body is in one mortuary, the moruary which has control of the final disposition is said to have:

a. actual custody
b. constructive custody
c. promise of custody
d. contract custody

constructive custody

11

as a funeral director, the only people you should inform, even if asked, that the deceased has an infectious disease are appropriate members of:

a. the clergy
b. law enforcement agencies
c. your staff
d. the press

your staff

12

a practitioner serves a family and provides both services and merchandise. the state requires the funearl home to pay 4% of sales tax on merchandise. Prices are as follows:

services $2,000
casket $2,250
vault $1,600
total $5,850

how much sales tax does the funeral director pay the state:

a. 67.50
b. 110.88
c. 154
d. 175.50

154

13

Any rate of interest above the maximum rate allowable by law is:

a. fiduciary
b. usury
c. undue influence
d. duress

usury

14

the party who makes an offer is called the:

a. offeree
b. offered
c. offeror
d. optional

offeror

15

the party who is sued in a civil suit is known as the:

a. defendant
b. plaintiff
c. offeror
d. administrator

defendant

16

the doctrine of stare decisis is concerned with:

a. suits
b. case law
c. parole evidence
d. torts

case law

17

the term that is used when all the terms of a contract have been fully performed by the contracting parties is:

a. bilateral
b. executory
c. void
d. executed

executed

18

a business that is owned by one person is classified as a:

a. corporation
b. partnership
c. sole proprietorship
d. limited partnership

sole proprietorship

19

false statements made in writing for the purpose of injuring the reputation of another constitute:

a. slander
b. libel
c. implicit trespass
d. breach of ordinance

libel

20

personal property permanently attached to land is known as a :

a. quitclaim
b. premium
c. novation
d. fixture

fixture

21

which of the following terms describes a sale in which the buyer, so long as the buyer is not in default, has a right to possession before payment in full is made?

a. bill of lading
b. bill of exchange
c. billing contract
d. conditional sale

conditional sale

22

a contract to keep an offer open for a specified period of time supported by consideration is called a/an:

a. option
b. bailment
c. unilateral offer
d. tentative offer

option

23

the person appointed by a court to oversee an estate is the:

a. heir
b. attorney
c. executor
d. administrator

administrator

24

in law, a relationship of trust is expressed by the term:

a. marital
b. bailment
c. fiduciary
d. inter-vivos

fiduciary

25

an intoxicated person makes a contract it is:

a. valid
b. formal
c. correct
d. voidable

voidable

26

the branch of law which deals with the rules of conduct and actions governing a mortician during his legal relations with the public is:

a. tort law
b. criminal law
c. mortuary law
d. administrative law

mortuary law

27

a private or civil wrong whose cause is intentional or caused by negligence for which there may be action or damages is a:

a. tort
b. felony
c. accident
d. misdemeanor

tort

28

a notice of complaint given to a defendant defining the complaint and a time frame in which an answer must be received is an:

a. summons
b. petition
c. complaint
d. executive order

summons

29

an intentional statement of false facts upon which an injured party relied in a decision to enter into contract, to their detriment is:

a. tort
b. fraud
c. opinion
d. negligence

fraud

30

the method of removing one's free will in making decisions by threats to do physical harm to the person, his family, or property is:

a. duress
b. bailment
c. undue influence
d. misrepresentation

duress

31

unauthorized embalming may be viewed by the courts as which type of violation?

a. nuisance
b. abatement
c. mutilation
d. stare decision

mutilation