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:
    1. If someone breaches a contract with me and I have to take them to court, and if the Judge or jury rules in my favor, does the losing party have to pay my attorney’s fees?

    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.


 

    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.