Faith Community Christian High School’s
Practical Legal Information Seminar
By Robert D. Arb
Starting this Fall
semester, Faith Community Christian High School will include something a little
different in their Government course.
Students
will be taught a little law. As an
attorney who has been out of law school for over 28 years, I am both amazed
and frustrated about how little the average citizen knows about those areas
of the law that affect them on a regular basis. It is even worse for high school students who
may end up learning their law in the ‘school of hard knocks.’
See if you can get
your high school student to take the following quiz. (You parents may want to take the same quiz
– hopefully your kids won’t beat you!) Have
them write down their answers and then check them against the answers at the
end of this article. Here goes:
2. If I am injured
on the job, what are the three primary benefits payable under Missouri’s
Worker’s Compensation Law?
3. If I have a
will, does it keep my assets out of Probate Court when I die?
4. What are
Statutes of Limitations?
5. If I get a
ticket in Florida, will it show up on my Missouri driving record?
Housing Leases
There are a number
of legal traps that young men and women get themselves into when they move out
of the home or go away to college. One
of the most frequent is when they sign a lease.
Many people don’t bother to read the lease before they sign it and often
do not even keep a copy of it. House and
apartment leases vary widely in their terms and conditions. If young adults would read the lease before
signing it, they would probably be surprised at what some landlords are asking them
to agree to. If a lease is particularly
one-sided, where the tenant has all the responsibilities and the landlord
exempts itself from any duties, it would be better to walk away. Also, if you are renting the apartment or
house with another roommate, why would you not want your roommate to also sign
the lease? But be aware, if your
roommate leaves before the lease is up and can’t be found, under most leases
you will be responsible for paying all the rent. To make matters worse, the
landlord may not have to allow you to sublease to another roommate depending on
the lease language.
Buying a Car
Another trap for
young men and women is when they buy a used car. Their dream car looks so pretty and shiny
until it stops running two miles from the used car lot. Once again, it is critical that you read the
contract before signing it. If the
contract says “AS IS”, then you are buying a car without a warranty and are
stuck with it if it turns out to be a lemon.
Missouri’s “lemon law” only applies to new car sales and requires that
you give the new car dealership at least four tries to fix the same significant
problem or that your new car is in the shop for repairs for more than 30 days. Therefore this law does not help the
purchaser of a used car. If the used car
dealership or individual owner does not want to give you a warranty, you might
want to have your mechanic check out the car before you purchase it.
Personal Finance Graduation
Requirement
Many readers may not be aware of the
fact that all high school students graduating in 2010 and beyond must take a semester’s
course in personal finance sometime during their sophomore through senior
year. This graduation requirement includes students of Christian high
schools. The personal finance course
requires the student to learn minimum competencies in the areas of income,
money management, spending and credit, and saving and investing. Sadly, many of our young men and women get
themselves into serious debt by using credit cards and taking out loans without
considering how they are going to pay the debt back. Ultimately, the practical legal information
seminar at Faith Community Christian High School will be incorporated into the
personal finance class. Learning the
basic requirements of the law and personal finance will teach our high school
students practical living skills that will help them to avoid some of life’s
avoidable pitfalls. I have often
observed that when a client was embroiled in a legal dispute or a serious
financial problem, it was difficult for them to focus on ministry and
evangelism. Satan loves it when he sees
us sidetracked by serious legal and/or financial controversies.
America has always
prided itself as a country where justice and the “rule of law” prevail.
Although Christians must submit to the governing authorities
(Romans 13:1), it is critical for a
free people to know their legal rights and responsibilities. The Apostle Paul was not shy about asserting
his rights as a Roman citizen (Acts 16:37;
22:25 and 25:11). The Bible instructs us that God is very
interested in justice in our courts (Amos
5:15). But how can we ask for
justice if we are unaware of the laws we are supposed to follow.
The maxim that
“ignorance of the law is no excuse” is still true today. It is our responsibility to train the next
generation in the basic requirements of our laws and government so that they
can be good citizens and not discredit the name of the Lord.
Answers to Legal Quiz
1. Unless the contract or a state
statute provides for the recovery of attorney’s fees, the breaching party is
not responsible to pay my attorney’s fees.
2. The employer,
usually through its insurance company, must pay the injured worker’s medical
expenses (the employer in Missouri gets to select the health care provider), two-thirds
of the worker’s average weekly wage (up to a certain limit) while recovering,
and a certain sum of money to compensate the worker for any permanent injury.
3. No. A will only controls those assets that go
through Probate Court. If an asset is
“stuck” (meaning there is no co-owner with right of survivorship or a
previously designated beneficiary who is alive at the time of the owner’s
death) in the name of a deceased person, it will have to go through Probate
Court. If an asset is owned by a trust, it is not stuck in a dead person’s name
and does not have to go through Probate Court.
4. Statutes of
Limitations are deadlines which set forth how long a person has to file a lawsuit
in court or a claim with a particular government agency before it is
barred. If you have an injury claim or a
claim that a certain right has been violated, it is absolutely essential that
you seek legal advice right away.
5. Yes. Most states have signed interstate compacts
(an agreement between states) that traffic violations will be reported to
the state of the driver’s residence.
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Robert D. Arb is a Christian
attorney and mediator with offices in Valley Park, MO. He is the current
School Board President of Faith Community Christian High School.