Ministry and the American Legal System: A Guide for Clergy, Lay Workers, and Congregations
Written for persons who are not lawyers, accountants, or quasi-legal specialists, this book offers congregations and religious professionals practical insight, while avoiding mere listing of rules and lengthy discussions of cases. Part One provides an overview of the history, structure, and functioning of American law and its legal system, as these pertain to congregations, religious organizations, and professionals. Part Two details various areas of law, such as torts, contracts, real estate...
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Written for persons who are not lawyers, accountants, or quasi-legal specialists, this book offers congregations and religious professionals practical insight, while avoiding mere listing of rules and lengthy discussions of cases. Part One provides an overview of the history, structure, and functioning of American law and its legal system, as these pertain to congregations, religious organizations, and professionals. Part Two details various areas of law, such as torts, contracts, real estate transactions, employment, copyrights, and taxation, that have direct bearing on congregational life and ministerial practice. Part Three focuses on "risk management": ways that congregations and religious organizations and professionals can improve their functioning and minimize their exposure to legal difficulties.
PrefaceIntroduction: Religion and Its Legal Context11Pre-Constitutional History92The U.S. Constitutional System143The Religion Clauses of the First Amendment304Ecclesiastical Organization and the Courts635Legal Privileges and Obligations of Clergy736Liability for Contracts and Torts817The Church as Regulated Employer968The Church as Property Owner1159Copyright Law and the Church13410Other Government Regulation14411Organization and Governance17912Hiring, Supervising, and Firing Employees19513The Church as Wagepayer21414Compensation and Taxes22215Purchasing, Maintaining, or Altering Property23716Accounting for Funds and Trusts25117Supervision of Children: Social Events, Child Care, and Trips26218The Counseling Relationship and Church Discipline26519Litigation27920Liability Insurance301Conclusion: Weaving Law and Church Together307Appendix A: Constitution of the United States of America309Appendix B: Legal Citations322Appendix C: Conciliation Provisions for Contracts and Wills325Bibliography326Notes328Index350
