Mors 200 Arts Final - NBE Study Guide Questions- Law
When a decedent has not left written instructions designating an agent, the legal right to control final disposition typically follows a next-of-kin priority order. In most states—and by general common law—the surviving spouse holds the primary right; if there is no spouse, the right generally passes to the adult children, which makes the adult son/daughter the next in line
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
Key Terms
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
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
in legal terminology, a dead human body is considered
a. real property
b. quasi-property
c. chattel
d. partial property
quasi property
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
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
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
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| Term | Definition |
|---|---|
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 |
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 |
in legal terminology, a dead human body is considered a. real property b. quasi-property c. chattel d. partial property | quasi property |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
Any rate of interest above the maximum rate allowable by law is: a. fiduciary b. usury c. undue influence d. duress | usury |
the party who makes an offer is called the: a. offeree b. offered c. offeror d. optional | offeror |
the party who is sued in a civil suit is known as the: a. defendant b. plaintiff c. offeror d. administrator | defendant |
the doctrine of stare decisis is concerned with: a. suits b. case law c. parole evidence d. torts | case law |
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 |
a business that is owned by one person is classified as a: a. corporation b. partnership c. sole proprietorship d. limited partnership | sole proprietorship |
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 |
personal property permanently attached to land is known as a : a. quitclaim b. premium c. novation d. fixture | fixture |
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 |
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 |
the person appointed by a court to oversee an estate is the: a. heir b. attorney c. executor d. administrator | administrator |
in law, a relationship of trust is expressed by the term: a. marital b. bailment c. fiduciary d. inter-vivos | fiduciary |
an intoxicated person makes a contract it is: a. valid b. formal c. correct d. voidable | voidable |
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 |
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 |
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 |
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 |
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 |
unauthorized embalming may be viewed by the courts as which type of violation? a. nuisance b. abatement c. mutilation d. stare decision | mutilation |