FREE BMS Mortuary And Business Law Questions and Answers

Question 1

Jem, 65, entered a nursing home; her assets were gone, and the only insurance she had was Medicaid and Medicare. Seven years before, she had bought a $20,000 irrevocable pre-need contract for her funeral. This was an asset that the nursing home accountant tried to seize. Would he be prosperous?

Accepted Answer

NO, SSI/Medicaid regulations allow this

Answer

Irrevocable pre-need funeral contracts are generally considered exempt assets under SSI/Medicaid regulations. This means the funds placed into such a contract are not counted towards an individual's asset limit for eligibility. Consequently, the nursing home accountant cannot seize these funds, as they are protected by these specific governmental provisions.

Question 2

Who is responsible for Johnny's funeral when he passes away in a hotel, his wife and son are out climbing in the Alps and aren't approachable, and his minor daughter is at home with a babysitter?

Accepted Answer

The Householder: The Hotel Owner

Answer

In situations where the immediate next of kin (spouse, adult children) are unavailable or unreachable, the legal responsibility for the disposition of remains often falls to the 'householder' where the death occurred. In this case, the hotel owner, as the householder, would be legally responsible for making initial arrangements for Johnny's body until his family can be contacted.

Question 3

When Danny's Construction was digging a cellar hole in Ohio, they came across an old graveyard dating back to the 1850s. The graves were moved, but the locals accused the firm of "Grave Robbing." The court decided in the company's favor. Why?

Accepted Answer

"The Body is not an everlasting thing, after going through an undefined degree of decomposition , it ceases to be a dead body in the eyes of the law."

Answer

This legal principle acknowledges that after an extensive period of decomposition, human remains may no longer be legally considered a 'dead body' in the traditional sense. For graves dating back to the 1850s, the remains would be significantly decomposed, and without identifiable next of kin or clear records, the legal protections afforded to recently deceased bodies may not apply, allowing for their relocation under specific circumstances.

Question 4

Which of L. Kohlberg's stages of moral development occurs when a person lacks understanding of the laws and a sense of duty to uphold them?

Accepted Answer

Pre-Moral stage

Answer

Lawrence Kohlberg's Pre-Moral stage (also known as the Pre-Conventional stage) is characterized by an individual's moral reasoning being primarily driven by self-interest and the avoidance of punishment or desire for reward. At this stage, there is a lack of understanding of societal laws and a sense of duty to uphold them, as moral decisions are based on personal consequences rather than abstract principles or social contracts.

Question 5

The complaint was filed 20 years after the funeral home stole the defendant's wedding ring, and the most likely reason it was "Throwed out of Court" was?

Accepted Answer

The Statute of Limitations

Answer

The Statute of Limitations sets a legal time limit within which a lawsuit must be filed after an alleged offense. Filing a complaint 20 years after an alleged theft would almost certainly exceed this statutory period for most civil claims. Therefore, the court would dismiss the case because the legal window for pursuing the claim has expired.

BMS - Bachelor of Mortuary Science Practice Test

BMS - Bachelor of Mortuary Science Practice Test

FREE BMS Mortuary And Business Law Questions and Answers