I. Review and Control; Jurisdiction (Chapters 39-46) Flashcards
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:
- Whether proceedings have been correctly recorded;
- Whether they have been regular and in accordance with the Constitution;
- Whether they have been wise, equitable and suited to promote the welfare of the Church;
- Whether the lawful injunctions of the higher court have been obeyed. “-BCO 40-2
. Define “reference”.
A formal request for advice 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. “-BOO
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 lo a higher court of a judicial case on which judgment has been rendered in a lower court, and is allowable only lo the
party against whom the decision has been rendered. The parties shall be
known as the appellant and appellee. An appeal cannot be madf lo any court other than the next higher,
except with its consent. “-BCO 42-1
How quickly must an appeal be filed?
Within 30 days following the meeting of the court.
“Notice of appeal may be given the court before its adjournment. Written notice of appeal, with
supporting reasons, shall be filed by the appellant with both the clerk of the lower court and the clerk of
the higher court, within thirty (30) days following the meeting of the court. No attempt should be made lo
circularize the courts to which appeal is being made by either party before the case is heard. “-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 the meeting of the court.
“A complaint shall first be made lo the court whose act or decision is alleged to be in en-or. Written
notice of complaint, with supporting reasons, shall be filed with the clerk of the court within thirty (30)
days following the meeting of the court. The court shall consider the complaint at its next slated meeting,
or at a called meeting prior to its next slated meeting. No attempt should be made to circularize the court
to which complaint is being made by either party. “-BCO 43-2
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 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.
“When a member of a particular church has willfully neglected the church for a period of one
year, or has made it known that he has no intention of fulfilling the church vows, then the Session,
continuing to exercise pastoral, discipline (BCO 27-1a and 27-4) in the spirit of Galatians 6: I; shall
remind the member, if possible both in person and in writing, of the declarations and promises by which
he entered into a solemn covenant with God and His Church (BCO 57-5, #3-5), and warn him that, the
persists, his name shall be erased from the roll.
After diligently pursuing such pastoral discipline, and after further inquiry and due delay, the
Session is of the judge that the member will not fulfill his membership obligations in this or any other
branch of the visible church (cf BCO 2-2), then the Session shall erase his name from the roll. This
erasure is an act of pastoral discipline (BCO 27-1a) without process. The Session shall notify the person,
if possible, whose name has been removed.
Notwithstanding the above, if a member thus warned makes a written request for the process (i.e.,
BCO 31- 33,35-36), the Session shall grant such a request. Further, if the Session detet7llines that any
offense of such a member is of the nature that process is necessary, the Session may institute such process
“-BCO 38-4.
What is an associate member?
A member of a church who is temporarily living outside of their permanent home.
“Associate members are those believers temporarily in a location other than their pe17llanent 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
