BCO H, I, J Flashcards
With what court should charges be filed?
With the court of original jurisdiction which rests with the body in which a person is a member.”Original jurisdiction (the right to first or initially hear and determined in relation to ministers of the Gospel shall be in the Presbytery of which the minister is a member, except in cases as provided in BCO 34-1. Such original jurisdiction in relation to church members shall be in the session of the church of which he/she is a member, except in cases as provided in BCO 33-1.”
What must be done before formal charges be filed?
Sessions and Presbyteries must determine from such persons satisfactory explanations concerning reports affecting their Christian character.”It is the duty of all church sessions and presbyteries to exercise care over those subject to their authority. They shall with due diligence and great discretion demand from such persons satisfactory explanations concerning reports affecting their Christian character. This duty is more imperative when those who deem themselves aggrieved by injurious reports shall ask an investigation …“-BCO 31-2
When must a formal process be pursued? (Of church discipline)
When the court finds through investigation a strong presumption of guilt in the party involved.”…If such investigation, however originating, should result in raising a strong presumption of the guilt of the party involved, the court shall institute process, and shall appoint a prosecutor to prepare the indictment and to conduct the case. This prosecutor shall be a member of the court, except that in a case before the Session, he may be any communing member of the same congregation with the accused. “-BCO 31-2
How many witnesses are required? (In filing formal charges)
More than one.”The testimony of more than one witness shall be necessary in order to establish any charge; yet if in the testimony of one witness, corroborative evidence be produced, the offense may be considered to be proved.” BCO 35-3
How should a censure be administered?
-With all tenderness and in a spirit of meekness.-Suited to the nature of the offenses.(36)
What is the goal of discipline in regard to the offender?
Repentance and restoration to the body.
Define “review and control”.
Every court above the session is to review the records of the court next below in the areas of :1. Correct recording. 2. Regular and in accordance with the constitution. 3. Suited to promote the welfare of the Church. 4. Lawful junctions of the high court have been obeyed. “It is the right and duty of every court above the Session to review, at least once a year, the records of the court next below, and if any lower court fails to present its records for this purpose, the higher court may inquire them to be produced immediately, or at any time fixed by this higher court. “-BCO 40-1 “In reviewing records of a lower court the higher court is to examine: 1. Whether proceedings have been correctly recorded; 2. Whether they have been regular and in accordance with the Constitution; 3. Whether they have been wise, equitable and suited to promote the welfare of the Church; 4. Whether the lawful injunctions of the higher court have been obeyed. “-BCO 40-2
Define “reference”.
A formal request for advice or other action from a lower court to a higher court. “A reference is a written representation and application made by a lower court to a higher for advice or other action on a matter pending before the lower court, and is ordinarily to be made to the next higher court.” BCO 41-1
Define “appeal”.
A transfer to a higher court of a judicial case which has been ruled on by a lower court. “An appeal is the transfer to a higher court of a judicial case on which judgment has been rendered in a lower court, and is allowable only to the party against whom the decision has been rendered. The parties shall be known as the appellant and appellee. An appeal cannot be made to any court other than the next higher, except with its consent.” BCO 42-1
How quickly must an appeal be filed?
Within 30 days of notification of the last court’s decision. Notification occurs on the day of mailing, the day of hand delivery, or the day of receipt by email. If the party cannot be found or refused delivery, the requirement is deemed fulfilled. See UPDATED BCO 42-4.
Define “complaint”.
A written representation made against some act or decision of a court of the Church.”A complaint is a written representation made against some act or decision of a court of the Church. It is the right of any communing member of the church in good standing to make complaint against any action of a court to whose jurisdiction he is subject, except that no complaint is allowable in a judicial case in which an appeal is taken. “ BCO 43-1.
How quickly must a complaint be filed?
Within 30 days of notification of the last court’s decision. Notification occurs on the day of mailing, the day of hand delivery, or the day of receipt by email. If the party cannot be found or refused delivery, the requirement is deemed fulfilled. See UPDATED 43-3.
What should happen when a member moves out of the community?
That member should transfer his membership to his new church. “When a church member shall remove his residence beyond the bounds of the congregation of which he is a member, so that he can no longer regularly attend its services, it shall be his duty to transfer his membership by presenting a certificate of dismission from the Session of the church of which he is a member to the church which he wishes to unite. When the church of which he is a member has no Session, or for other good reasons it seems impossible for the member to secure a certificate of dismission, he may be received by the Session upon other satisfactory testimonials, in which case the church of which he was a member shall be duly notified. “BCO 46-1
What should be done when a member neglects the church for a year or more?
They shall be notified, if possible, both in person and in writing of their covenant obligations and that if they persist they will be removed from the rolls. This removal is a form of pastoral discipline without process.See 38-4.
What is an associate member?
A member of a church who is temporarily living outside of their permanent home. They may become Associate Members at a church in their new location, and hold all privileges except for voting and holding office. “Associate members are those believers temporarily in a location other than their permanent homes. Such believers may become associate members of a particular church without ceasing to be communicant members of their home churches. An associate member shall have all the rights and privileges of that church, with the exception of voting in a congregational or corporation meeting, and holding an office in that church.”BCO 46-4
