Question 1

What is the name of a legally sound person who establishes a will?

Accepted Answer

The testator is the legal term used for a person who establishes a will.
Testator is a term applied to a persona of sound legal mind who establishes a will. It is a legal term still used to describe such a person, which refers to both men and women (formerly referred to as a testatrix). A transferor describes the person who transfers property to a will or trust, such as the grantor and a trustee is an individual given authority to administer the provisions of a will or trust.

Question 2

What practice involves charging loan rates that exceed an acceptable rate of interest?

Accepted Answer

Usury describes the practice of charging excessive rates associated with lending money to individuals.
Usury describes the process of charging loan interest rates that are beyond what are considered normal or reasonable for the amount being lent. Laws in most states may deem loans that exceed an acceptable loan standard void or unrecoverable in the case where a loan goes into default. Money lending describes a system of offering loans to individuals for which a rate of interest is charged while illegal lending could describe a process of lending that is not within the provisions of a state's lending laws, such as offering loans with a high or excessive rate of interest.

Question 3

A civil act that is either wrongful or infringes upon the rights of another individual is known as:

Accepted Answer

A tort is a wrongful act that infringes on the rights of another person, resulting in potential civil liabilities.
Torts are actions in civil matter involving harm or injury caused by one party against another. A tort may involve the unlawful denial of service or failure to meet the terms of an agreed upon arrangement, as in the case of the terms of an arrangement conference. Torts are actionable in civil court. Torts are acts that are wrongful but not necessarily illegal, or criminal (against the law) in nature.

Question 4

Rights contained in property that confer a legal or equitable interest to the owner is referred to as:

Accepted Answer

A title represents a person's legal or equitable right to property.
A title is a legal document that confers either a legal or equitable interest of ownership in property. A title may be transferred by means of assignment (absolute or collateral) or through sale and change of ownership to another party. An offer is a component of an agreement or contract where something of value is made available in exchange for some consideration (something else of value). Interest is a nominal amount added to a sum made available for loan and a mortgage is a term associated with a home loan.

Question 5

Which agency enforces the rules governing what may be sold to a customer before or when death occurs?

Accepted Answer

The Federal Trade Commission enforces the Funeral Rule, which protects the interest of a consumer when selecting funeral services.
The Funeral Rule is enforced by the Federal Trade Commission (FTC). The purpose of the rule is to protect the interests of customers dealing with funeral service providers and related businesses. The SEC is the Securities Exchange Commission that regulates investment banking; FDIC is the Federal Depository Insurance Corporation responsible for regulating banking activities and CANA is the Cremation Association of North America.

Question 6

What consumer rights are conferred under the Funeral Rule of 1984?
I. Protect the consumer from unwanted services
II. Governs the price a consumer pays for funeral services
III. Requires a written price list be given to a consumer

Accepted Answer

Consumer rights conferred under the Funeral Rule of 1984 include those that, (I) protect the consumer from unwanted services and (III) requires a written price list be given to a consumer.
The Funeral Rule provides certain consumer protections to those customers engaged in funeral services. Among those protections are the requirement for a written price list and protection from receiving unwanted services. The Funeral Rule does not cover or control the prices a funeral home charges.

Question 7

Which of the following is not specifically required by state law?

Accepted Answer

In most cases, embalming prior to public display is not required by state law.
No state has a requirement in place that requires a deceased body to be embalmed prior to burial. Some states may require that a body be either embalmed or refrigerated in cases where burial is not scheduled to take place immediately but such a standard is dictated on a state-by-state basis. All crematoriums operating in the country must meet the licensing standards for the state's in which they operate.

Question 8

Which of the following laws provides administrative relief for small funeral services providers?

Accepted Answer

The Small Business Regulatory Enforcement Fairness Act of 1996 waives certain civil penalties for violations of regulatory or statutory requirements.
The Small Business Regulatory Enforcement Fairness Act helps small business avoid certain civil penalties associated with the violations of federal rules. This relief comes by way of lowering the administrative burden associated with compliance and helps a smaller funeral service on meeting core standards that may not be as costly to maintain or implement. The Funeral Rule is enforced by the Federal Trade Commission and deals with the goods and services a person can purchase for a funeral. The Sherman Antitrust Act is a federal law dealing with anti-competitive measures taken by corporations and Sarbanes-Oxley deals with required corporate disclosures and information about CEO pay.

Question 9

Which entities are responsible for the administration of the Small Business Regulatory Enforcement Act affecting funeral service businesses?
I. FTC
II. DOL
III. SBA
IV. NFDA

Accepted Answer

Administration of the Small Business Regulatory Enforcement Fairness Act as it affects businesses in the funeral service industry is performed by the (III) Small Business Administration (SBA) and (IV) National Funeral Directors Association (NFDA).
The Small Business Regulatory Enforcement Fairness Act provides relief for small business from the regulatory burdens associated with certain federal statutes and rules. The administration of the Act is performed jointly by the Small Business Administration (SBA) and National Funeral Directors Association (NFDA).

Question 10

A customer seeking a pre-need consultation for burial services must receive which of the following?

Accepted Answer

A general price list must be provided to any customer seeking a pre-need consultation for burial services.
The GPL or general price list is a document required to be given to a customer when seeking a pre-need consultation for burial services. A verbal offer does not constitute a binding agreement for service and there is no requirement for a pre-need brochure to be given to the customer.

Question 11

Which of the following must be given to a consumer at the end of an arrangement conference for burial services?`

Accepted Answer

A statement of funeral goods and services must be provided to a consumer at the end of the arrangement conference.
The statement of funeral goods and services must be given by the funeral service to the customer at the end (and only at the end) of the arrangement conference. This may include information about the price of a casket (casket price list) and a legal requirement to provide pricing information to a person who calls about funeral services by telephone (also known as the telephone price disclosure).

Question 12

Which of the following must be provided on the Statement of Funeral Goods and Services?

Accepted Answer

The Statement of Funeral Goods and Services must provide each of the following: a disclosure concerning an agreement for embalming services; any charges for services requiring an advanced cash deposit; and, a list of charges ordered by the consumer.
The Statement of Funeral Goods and Services provides customers with information that confirms arrangements made for a burial service. Any agreement for embalming services (not generally required by state law) must be set forth along with a list of those services secured with an advanced cash deposit. All services agreed upon between the funeral service and consumer must also appear on the statement.

Question 13

Which of the following are elements required to be listed on the Casket Price List (CPL)?
I. The words "Casket price list"
II. The name of the service provider
III. The retail price for special order caskets

Accepted Answer

The Casket Price List must contain the words (I) Casket Price List; and, (II) the name of the service provider.
The casket price list (CPL) is document that must be provided to a consumer if the retail pricing for caskets is not found in the general price list (GPL). On the CPL the words "Casket Price List" must appear along with the effective date of the pricing, name of the funeral service and the retail pricing of caskets that are NOT required to be ordered specially for the consumer.

Question 14

When must OSHA training be provided be provided to new hires?

Accepted Answer

Within 10 days of hire, training on OSHA standards for funeral services must be provided.
All new hires for a funeral services business must be provided training in OSHA standards. Such training must take place as soon as possible but no later than 10 days of hire.

Question 15

OSHA PEL refers to what with respect to formaldehyde?

Accepted Answer

OSHA PEL refers to an employee's permissible exposure limit to formaldehyde.
Under OSHA Standard 1910.1048, PEL refers to an employee's exposure limit to formaldehyde. According to the standard, an employer must make assurances to the regulator (OSHA) that an employee's exposure to airborne formaldehyde is no more than 0.75 part per million (ppm) within an 8-hour time weighted average (also referred in the standards as TWA).

Question 16

Which law governs the protections afforded consumers working with a funeral home?

Accepted Answer

The Funeral Rule sets forth consumer protections for customers seeking funeral home services after the death of a loved one.
The Funeral Rule sets forth the standards and protections for those seeking consultation and services from a funeral home or related service. These standards include the type of information (disclosures) required to be given to consumers at or before arrangements are made, pricing lists and a list of services ordered by the customer.

Quiz 5: Arts Regulatory Compliance