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Find answers to legal questions that affect your church and clergy with this fully-searchable library.

Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Library

This four-volume set is known as the most comprehensive and practical legal reference for churches and clergy. The complete set covers all your legal questions concerning the church, including: employment, liability, property laws, government regulations, first amendment issues, and more.

Legal Issues for PastorsVolume 1

Preface
Chapter 1: Definitions and Status
Chapter 2: The Pastor-Church Relationship
- Legal Briefs
- Instructional Aids
- § 2-01
  
  Initiating the Relationship—In General
- § 2-02
  
  The Pastor-Church Relationship—The Contract
- § 2-03
  
  The Pastor-Church Relationship—Compensation
- § 2-04
  
  The Pastor-Church Relationship—Termination
Chapter 3: Authority, Rights and Privileges
- Legal Briefs
- Instructional Aids
- § 3-01
  
  General Scope of a Minister's Authority
- § 3-02
  
  Officer of the Church Corporation
- § 3-03
  
  Property Matters
- § 3-04
  
  Performance of Marriage Ceremonies
- § 3-05
  
  Exemption from Military Duty
- § 3-06
  
  Exemption from Jury Duty
- § 3-07
  
  The Clergy-Penitent Privilege—In General
- § 3-08
  
  The Clergy-Penitent Privilege—Miscellaneous Issues
- § 3-09
  
  Visiting Privileges at Penal Institutions
- § 3-10
  
  Immigration of Alien Ministers
- § 3-11
  
  Miscellaneous Benefits
Chapter 4: Liabilities, Limitations and Restrictions
- Legal Briefs
- Instructional Aids
- § 4-01
  
  Negligence
- § 4-02
  
  Defamation
- § 4-03
  
  Undue Influence
- § 4-04
  
  Invasion of Privacy
- § 4-05
  
  Clergy Malpractice
- § 4-06
  
  Contract Liability
- § 4-07
  
  Securities Law Violations
- § 4-08
  
  Failure to Report Child Abuse
- Table 4-1 Application of Child Abuse Reporting Laws to Ministers and Lay Church Workers—A Summary
- § 4-09
  
  Diversion of Church Funds
- § 4-10
  
  State Regulation of Psychologists and Counselors
- Table 4.2 State Laws Exempting Clergy from Psychologist Licensure Requirements
- § 4-11
  
  Sexual Misconduct
- Appendix 1: Eligibility to Perform Marriage Ceremonies
- Appendix 2: Eligibility of Clergy for Jury Duty
- Appendix 3: Clergy-Penitent Privilege
- Appendix 4: Child Abuse Reporting Laws
- Table Appendix 4: 50-State Survey of Child Abuse Reporting

Church Property & AdministrationVolume 2

Preface
Chapter 5: Definitions
- Legal Briefs
- Instructional Aids
- § 5-01
  
  Tax Legislation—Federal
- § 5-02
  
  Tax Legislation—State
- § 5-03
  
  Zoning law
Chapter 6: Organization and Administration
- Legal Briefs
- Instructional Aids
- § 6-01
  
  Unincorporated Associations
- § 6-02
  
  Corporations
- § 6-03
  
  Church Records
- § 6-04
  
  Reporting Requirements
- § 6-05
  
  Church Names
- § 6-06
  
  Officers, Directors and Trustees—In General
- § 6-07
  
  Officers, Directors and Trustees—Personal Liability
- § 6-08
  
  Immunity Statutes
- § 6-09
  
  Members—In General
- § 6-10
  
  Members—Discipline and Dismissal
- § 6-11
  
  Members—Personal Liability
- § 6-12
  
  Meetings of Members
- § 6-13
  
  Powers of a Local Church
- § 6-14
  
  Merger and Consolidation
- § 6-15
  
  Dissolution
Chapter 7: Church Property
- Legal Briefs
- Instructional Aids
- § 7-01
  
  Church Property Disputes—In General
- § 7-02
  
  Church Property Disputes—Supreme Court Rulings
- § 7-03
  
  State and Lower Federal Court Rulings
- § 7-04
  
  Church Property Disputes—Dispute Resolution Procedures
- § 7-05
  
  Transferring Church Property
- § 7-06
  
  Zoning Law
- § 7-07
  
  Restricting Certain Activities Near Church Property
- § 7-08
  
  Building Codes
- § 7-09
  
  Nuisance
- § 7-10
  
  Landmarking
- § 7-11
  
  Eminent Domain
- § 7-12
  
  Defacing Church Property
- § 7-13
  
  Restrictive Covenants
- § 7-14
  
  Reversion of Church Property to the Prior Owner
- § 7-15
  
  Materialmen's Liens
- § 7-16
  
  Religious Discrimination in the Sale or Rental of Church Property
- § 7-17
  
  Removing Disruptive Individuals
- § 7-18
  
  Adverse Possession
- § 7-19
  
  Accounting for Depreciation
- § 7-20
  
  Premises Liability
- § 7-21
  
  Embezzlement
- Table 7-1 How Embezzlement Occurs: Common Examples of Poor Internal Control

Employment LawVolume 3

Preface
Chapter 8
Chapter 8, Part 1: Selection of Employees
- Legal Briefs
- § 8-02
  
  New Hire Reporting
- Table 8-3 Complying with New Hire Reporting Requirement
- § 8-03
  
  Employment Eligibility Verification
- § 8-04
  
  Immigration
- § 8-05
  
  Negligent Selection
Chapter 8, Part 2: Compensation and Benefits
- Legal Briefs
- § 8-06
  
  Introduction
- Table 8-4 Application of Workers Compensation Laws to Religious Employers
- § 8-07
  
  Workers Compensation
- Table 8-5 Application of Workers Compensation Laws to Religious Employers
- § 8-08
  
  Fair Labor Standards Act
Chapter 8, Part 3: Employment Discrimination
- Legal Briefs
- § 8-09
  
  Introduction to Federal Employment and Civil Rights Laws—The "Commerce" Requirement
- Table 8-6 Application of Selected Federal Employment and Civil Rights Laws to Religious Organizations
- § 8-10
  
  The "Ministerial Exception" under State and Federal Employment Laws
- § 8-11
  
  Procedure for Establishing a Discrimination Claim
- § 8-12
  
  Title VII of the Civil Rights Act of 1964
- § 8-13
  
  The Age Discrimination in Employment Act
- § 8-14
  
  The Americans with Disabilities Act
- § 8-15
  
  Family and Medical Leave Act
- § 8-16
  
  Employer "Retaliation" Against Victims of Discrimination
- § 8-17
  
  Discrimination Based on Use of Military Status
- § 8-18
  
  Employee Polygraph Protection Act
- § 8-19
  
  Occupational Safety and Health Act
- § 8-20
  
  Display of Posters
- § 8-21
  
  Discrimination under State Laws
Chapter 8, Part 4: Termination
- Legal Briefs
- § 8-22
  
  Termination of Employees
Chapter 8, Part 5: Miscellaneous Issues
- Legal Briefs
- § 8-23
  
  National Labor Relations Act
- § 8-24
  
  Reference Letters
- § 8-25
  
  Employee Evaluations
- § 8-26
  
  Employment Interviews
- Table 8-8 Interview Questions
- Table 8-9 Permitted and Prohibited Interview Questions Under the ADA
- § 8-27
  
  Arbitration
- § 8-28
  
  Employee Handbooks
- § 8-29
  
  Employee Privacy
- § 8-30
  
  Insurance

Liability & Church and State IssuesVolume 4

Preface
Chapter 9: Government Regulation of Churches
- Legal Briefs
- Instructional Aids
- § 9-01
  
  Introduction
- § 9-02
  
  Regulation of Charitable Contributions
- § 9-03
  
  Limitations on Charitable Giving
- § 9-04
  
  Federal and State Securities Law
- § 9-05
  
  Copyright Law
- § 9-06
  
  Government Investigations
- § 9-07
  
  Judicial Resolution of Church Disputes
- § 9-08
  
  Political Activities by Churches and Other Religious Organizations
- § 9-09
  
  Bankruptcy Law
Chapter 10: Church Legal Liability
- Legal Briefs
- Instructional Aids
- Table 10-1: The Top Ten Sources of Church Liability from 2000-2007
- Table 10-2: The Top Five Categories of Church Liability from 2000-2007
- § 10-01
  
  Negligence as a Basis for Liability
- § 10-02
  
  Vicarious Liability (Respondeat Superior)
- § 10-03
  
  Negligent Selection of Church Workers—In General
- § 10-04
  
  Negligent Selection of Church Workers—Sexual Misconduct Cases Involving Minor Victims
- Table 10-3: Why Sexual Misconduct Is One of the Greatest Legal Risks Facing Churches Today
- Table 10-4: Ten Risks Associated with Sexual Misconduct
- Table 10-5: Criminal Records Checks: A Summary of the Options
- § 10-05
  
  Negligent Selection of Church Workers—Sexual Misconduct Cases Involving Adult Victims
- § 10-06
  
  Negligent Selection of Church Workers—Other Cases
- § 10-07
  
  Negligent Retention of Church Workers—In General
- § 10-08
  
  Negligent Supervision of Church Workers—In General
- § 10-09
  
  Negligent Supervision of Church Workers—Sexual Misconduct Cases Involving Minor Victims
- § 10-10
  
  Negligent Supervision of Church Workers—Sexual Misconduct Cases Involving Adult Victims
- § 10-11
  
  Negligent Supervision of Church Workers—Other Cases
- § 10-12
  
  Counseling—In General
- § 10-13
  
  Breach of a Fiduciary Duty
- § 10-14
  
  Ratification
- § 10-15
  
  Defamation
- § 10-16
  
  Defenses to Liability
- Table 10-6: Selected State Statutes Extending the Limitations Period in Cases of Child Sexual Abuse
- Table 10-7: Insurance Coverages for Churches
- Table 10-8: Claims Made and Occurrence Coverage
- § 10-17
  
  Damages—In General
- § 10-18
  
  Denominational Liability—In General
- Table 10-9: Ascending Liability Using the OFCCP 27-Factor Analysis
- Table 10-10: Group Exemption Requirements
- Table 10-11: Liability of Denominational Agencies for the Sexual Misconduct of Affiliated Clergy and Lay Workers—A State-By-State Review of Selected Cases
Chapter 11: A Summary of Constitutional History
- Legal Briefs
- Instructional Aids
Chapter 12: Landmark Supreme Court Decisions Interpreting the First Amendment Religion Clauses
- Legal Briefs
- Instructional Aids
- § 12-01
  
  Everson v. Board of Education
- § 12-02
  
  People of State of Illinois ex rel. McCollum v. Board of Education
- § 12-03
  
  Zorach v. Clauson
- § 12-04
  
  Engel v. Vitale
- § 12-05
  
  School District of Abington v. Schempp
- § 12-06
  
  Walz v. Tax Commission
- § 12-07
  
  Wisconsin v. Yoder
- § 12-08
  
  Lemon v. Kurtzman
- § 12-09
  
  Chambers v. Marsh
- § 12-10
  
  Wallace v. Jaffree
- § 12-11
  
  Employment Division v. Smith
- § 12-12
  
  Board of Education v. Mergens
- § 12-13
  
  Lee v. Weisman
- § 12-14
  
  Mitchell v. Helms
- § 12-15
  
  Santa Fe Independent School District v. Doe
- § 12-16
  
  Zelman v. Simmons-Harris
- § 12-17
  
  Watchtower Bible and Tract Society v. Village of Stratton
- § 12-18
  
  McCreary County v. American Civil Liberties Union
- § 12-19
  
  Van Orden v. Perry
Chapter 13: The Present Meaning of the First Amendment Religion Clauses
- Legal Briefs
- Instructional Aids
- § 13-01
  
  The Establishment Clause
- § 13-02
  
  The Free Exercise Clause
Chapter 14: Significant First Amendment Issues
- Legal Briefs
- Instructional Aids
- § 14-01
  
  The Right to Witness
- § 14-02
  
  Prayer on Public Property other than Schools
- § 14-03
  
  Prayer During Public School Activities
- Table 14-1: Public and Nonpublic Fora
- § 14-04
  
  Display of Religious Symbols on Public Property
- § 14-05
  
  Recurring Use of Public Property by Religious Congregations for Religious Services
- § 14-06
  
  Nonrecurring Use of Public Property by Adults for Religious Events and Activities
- § 14-07
  
  Use of Public School Property by Students for Religious Purposes
- § 14-08
  
  Sunday Closing Laws
- § 14-09
  
  The Right to Refuse Medical Treatment
- § 14-10
  
  Definition of "Religion" and "Religious"

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Church Law & Tax Report: Nov/Dec 2018

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