Next week is the last day of class. Updated review materials for the exam will be posted by the end of the week.
Course evaluation is available for feedback.
Participation: If there's a certain percentage of participation in the evaluation, every student will receive an extra point on the final grade (not the final exam).
Importance of Legal Awareness in Ministry
Understanding legal issues is vital in ministry settings.
"Be shrewd or be screwed" - importance of being legally aware to prevent liabilities.
Legal awareness helps prevent misinformation regarding liabilities and responsibilities, especially during church activities.
Key Legal Terms
Criminal Law
Definition: Criminal law involves intentional actions that cause harm to individuals or property, violating legal mandates.
Implication: Actions that are reckless or negligent can still fall under criminal law, e.g., drunk driving, which may not have an intent to harm but still poses a threat to others.
Criminal law can lead to fines or imprisonment for breaches.
Civil Law
Definition: Personal laws that deal with disputes between private parties; focuses on the victim's experience and compensation.
Differences from criminal law: in civil cases, the focus is on compensating victims through monetary penalties without incarceration.
Civil law seeks to regulate behavior to prevent future harm.
Tort Law
Definition: Implied duties not to harm others without any explicit agreement.
Standard: Determined by the average reasonable person standard which judges individuals based on typical actions expected in similar situations.
Role for Ministers: Assuming tort responsibility by virtue of being in specific roles (counselor, pastor).
Application of Tort Law - Case Study Example
Example of a church fellowship hall incident where a child slips on ice cream.
Factors to consider include:
Was there an obligation to keep the area safe?
Was the area deemed acceptable for running or games?
Responsibilities of church to ensure safety practices were followed.
Types of Negligence Defense
Contributory Negligence
Historical concept: If the victim had any share of responsibility, they could not claim damages.
Comparative Negligence
Definition: Damages are divided according to the percentage of fault.
Example: If found 33% responsible, a claimant may recover only 67% of the awarded damages.
Elements of Negligence:
Legal duty
Breach of that duty
Proof of damages
Causal connection between breach and damages
Key Considerations in Legal Agreements
Waivers and Releases
The effectiveness of waiver forms releasing liability for injuries caused by negligence is often questionable.
Suggestions for Waivers:
Clearly disclose risks involved.
Include details on emergency contacts and participant capabilities.
Both parents should sign with notarization for more legal weight.
Limitations: Release forms often offer less protection than intended and should be used cautiously.
Importance of Insurance
Always consult with legal professionals or insurance agents when drafting forms or waivers for activities involving youth or public participation.
Understand that liability will not be excused in cases of gross negligence, regardless of waivers.