BMS Mortuary and Business Law 4

Question 1

Which of the following best describes 'right of sepulcher'?

Accepted Answer

The next-of-kin's quasi-property right to custody and control of a decedent's remains

Answer

The right of sepulcher is a legally recognized quasi-property right held by the next of kin to have custody, possession, and the right to direct disposition of the decedent's remains.

Question 2

A competitor funeral home spreads false rumors that another funeral home improperly embalms bodies. What tort has likely occurred?

Accepted Answer

Trade libel (commercial disparagement)

Answer

Trade libel (also called commercial disparagement) occurs when false statements are made about a business's goods or services, causing economic harm.

Question 3

A funeral home fails to itemize charges on the Statement of Funeral Goods and Services Selected as required by the FTC Funeral Rule. The most likely consequence is:

Accepted Answer

Civil penalty up to $51,744 per violation enforced by the FTC

Answer

The FTC may seek civil penalties (adjusted periodically for inflation) for each violation of the Funeral Rule, with the amount set by the FTC Act penalty formula.

Question 4

In most U.S. states, who has the HIGHEST priority to authorize final disposition of a decedent's remains?

Accepted Answer

The decedent (via a pre-arranged, legally valid directive)

Answer

Most state statutes place the decedent's own legally valid pre-arranged disposition directive at the top of the priority hierarchy for authorizing final disposition.

Question 5

Under the Americans with Disabilities Act (ADA), a funeral home open to the public must:

Accepted Answer

Provide accessible facilities and remove barriers where readily achievable

Answer

Title III of the ADA requires places of public accommodation, including funeral homes, to provide equal access and remove architectural barriers when doing so is readily achievable.

BMS - Bachelor of Mortuary Science Practice Test

BMS - Bachelor of Mortuary Science Practice Test

BMS Mortuary and Business Law 4