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PDF Editor FAQ

Why can I join the US military at age 17 with a parents permission, but I cannot skydive in the US at a USPA drop zone until age 18 regardless of parental consent?

If you join the US Military at 17 and get injured, it’s not very likely that you’ll prevail in any ensuing lawsuit against the United States Government.Most US states, the Legal Age of Contract is 18, though Nebraska is 19. You can not legally enter into a contract until you’re of age. The Participation Agreement aks Waiver is a legal contract, therefore requiring the parties to be of Legal Age of Contract.Parental Consent is not an option as precedent has been set that only the individual may release or waive liability. Also, just because a young person’s dad signs a release, in the result of an injury or death, there’s nothing that would restrict the person’s mother, grandmother, sister, uncle, etc., in suing.Additionally, regardless the numbers, skydiving is still seen by a large percentage of people to be the domain of idiots and insane. That being the case, it’s considered negligent simply exposing a young person to such activity. Water is also very dangerous, people die swimming and otherwise engaging in water activities, it happens all the time. But, we don’t generally consider water to be dangerous, we’re in and around it from birth.There is no law restricting me as a drop zone owner from taking children,regardless of age, maybe 5 year olds up for a tandem skydive. But, it’s virtually a given that were I to ever injure or kill a child, I’d lose everything I have, everything I’ll ever have, and potentially face criminal charges.Maybe once you’re of age, you can learn to skydive, earn ratings, purchase gear an airplane, and hang out your shingle. At that point, you can pretty much do whatever you want, but you will also be subject to the consequences of your choices.Martin

Could a priest be charged with obstruction of justice if he refuses to break his code of silence in a murder investigation?

Maybe. What country are you in?In the USA. Yes.There are exceptions to the clergy-penitent privilege. Priests are rarely charged with obstruction. They are often cited for contempt when refusing to testify.Priest Charged with Obstruction in Indecent Liberties CaseBy Clarke Morrison for Citizen TimesJune 9, 2009 — ASHEVILLE — A local Catholic priest charged with obstructing justice by deleting hundreds of pornographic images involving children from the computer of his music minister made his first court appearance this morning.The Rev. John Schneider, pastor of St. Eugene Catholic Church, told Buncombe County District Court Judge Calvin Hill that he understood his rights under the law.Asheville Police on Monday charged Schneider, 56, with felony obstruction of justice. A warrant states the suspect entered the apartment of the church's former music minister, Paul Lawrence Berrell, on May 18 and deleted hundreds of pornographic images of children during a criminal investigation of Berrell.That's the same day police charged Berrell, 29, with taking indecent liberties with a minor. Berrell also was charged May 23 with nine counts of second-degree sexual exploitation of a minor after police searched his North Ridge Drive home. He remains jailed under a $1.5 million bond.Schneider was released after posting a $10,000 bond.Priest Charged with Obstruction in Indecent Liberties Case, by Clarke Morrison, Citizen Times, June 9, 2009Clergy-Penitent PrivilegeThe clergy-penitent privilege is the legal mechanism that prevents clergy or counselors from being required to disclose confidential communications in a court proceeding. This privilege belongs to the person who disclosed the information and is designed for his protection, rather than for the protection of the clergy.One important exception to the privilege rule deals with the issue of suits affecting the parent-child relationship. In mental health counseling, it may be possible to uncover information that concerns a child and that is the subject of a pending lawsuit. This exception makes it critical for a church that provides counseling services to distinguish what type of services it is providing and to understand the difference it makes to the congregation.If the counseling is pastoral or spiritual counseling only, in many states the only exceptionfor divulging information is for reporting child abuse. If the counseling is mental health counseling, lawyers can argue that the exceptions of the mental health privilege would apply, and the court could compel the counselor to divulge the information in a suit involving a parent-child relationship. Failure to differentiate between these could give rise to liability on the part of the church and the counselor, for example, based on the lack of informed consent, if pastor/counselor inaccurately led the person he was counseling to believe that nothing he tells the pastor/counselor can ever be revealed.Another situation in which the privilege would not apply is when the individual or someone authorized to act on his behalf signs a written waiver of the right to the privilege or confidentiality. This eliminates the privilege and the information is subject to disclosure. If a parishioner waives this privilege, the pastor has no legal grounds for withholding the information and must disclose it upon proper request.A recent Washington state case regarding confessions made by a church member to a pastor dealt with the issue of waivers. The congregant made certain confessions to his pastor regarding a murder in which he had been involved. The pastor discussed it with two colleagues. At the church member’s trial, the court attempted to compel the pastor to testify regarding the confessions. When the pastor refused, stating they were confidential, the judge held him in contempt of court. The prosecutor argued the communications were no longer privileged because the pastor had waived the privilege by talking to others about the conversations. The court ruled that, while the pastor broke the rules regarding the confidentiality of the statements, the congregant’s rights regarding the privileged nature of the communications were still intact. Essentially, the court stated that only the communicant may waive his privilege. The acts of another unauthorized person may not act to waive the confidential nature of these special conversations.Note that any waiver of the privilege that a pastor or counselor uses must be clear and specific, so the person understands that anything told to the pastor/counselor will not be kept confidential if requested by a third party. This does not change the confidential nature of the communication or records, but does prevent the counselor and the counselee from claiming these communications are “privileged.”In summary, while each state’s privilege rules differ, every state has some form of privilege for communications made to a member of the clergy in the context of a confessional or penitential communication.Child Abuse ReportingAll 50 states have enacted child-abuse laws that define responsibilities in protecting vulnerable children from abuse and neglect. Most state statutes define child abuse to include physical and emotional abuse, neglect, and sexual molestation. Some states now include parental substance abuse and abandonment within their definitions of child abuse. States ordinarily define a child as any person under age 18. Typically, individuals who may be reported for abuse or neglect include individuals who have some legal responsibility for the child, such as a parent, legal guardian, foster parent, or relative.Every state has a statute that identifies persons who are under a legal duty to report abuse under specific circumstances. Whether members of the clergy are required to report suspected child abuse varies from state to state. Some states’ statutes include a list ofmandatory reporters and define a mandatory reporter by occupation — doctor, nursery school workers, or nurses; or, the statute simply defines a mandatory reporter as “any person having a reasonable belief that child abuse has occurred.” If a pastor falls within the category of a mandatory reporter, the pastor must report actual or suspected instances of child abuse to the proper authorities. In contrast, other states’ statutes may provide that a pastor falls within the category of a permissive reporter, which means that the pastor may report cases of abuse, but he is not legally required to do so.Pastors who are mandatory reporters of child abuse under state law, face an ethical dilemma when they learn information about child abuse during a confidential counseling session. How should the pastor proceed? Should the pastor maintain the confidentiality of the privileged communication or should the pastor adhere to his legal responsibility to report the abuse to the proper designated authorities? The short answer is that the response will depend on the laws of the state where the pastor lives. Some states have attempted to resolve the conflict of mandatory reporting versus the clergy-penitent privilege by exempting clergy from the duty to report child abuse if the abuse was disclosed during counseling sessions. Other states have determined that any information protected by the clergy-penitent privilege is not admissible in a court proceeding.Even though the reporting laws frequently recognize the clergy-penitent privilege, courts typically interpret this narrowly in the child abuse or neglect context. As a general rule, clergy should not assume they have no duty to report. Even if the clergy-penitent privilege is in effect in your particular state, it does not automatically excuse a failure to report. For instance, if the clergy learns of suspected abuse outside of the context of counseling or he does not obtain the information in confidence, then the clergy-penitent privilege could be held not to apply and the pastor could be liable for failure to report the suspected or actual abuse.While persons who are legally required to report child abuse are subject to criminal prosecution for failure to do so, instances of actual criminal prosecution are rare. Some clergy, however, have been prosecuted for failing to file a report when they were in a mandatory reporting classification and they had reasonable cause to believe abuse had occurred. Criminal penalties for failing to file a report vary, but they typically involve short prison sentences and small fines.Members of the clergy must know and understand their responsibility regarding the reporting requirements for child abuse. To find the specific reporting requirements for a particular state, visit: www.childwelfare.gov/systemwide/laws_policies/state/index.cfm. To report a claim of abuse or neglect, you can call the National Child Abuse Hotline at 800-4-A-CHILD orcontact individual state hotlines, where available. To obtain the hotline number for a particular state, visit: http://capsli.org/hotlines.php.Read more at: Pastoral Confidentiality: An Ethical and Legal Responsibility

My school requires students to sign a consent form. One of the "student responsibilities" stated on the form is "I promise not to express my religious or political views in school limits." Should I sign it or not?

Are you old enough in Turkey to be bound by contract? In the US, a person under the age of 18 can't be bound by contract. They can sign anything they want, but can choose at any time afterward not to be bound by the terms of the contract, and they can't be held in breech of contract. The contract is simply void.Also, watch out for any clauses that waive any of your rights or absolve the school of responsibility for actions of their employees. This is the kind of stuff lawyers like to hide in documents like you have. My kids' school district last year started asking parents to sign a "photo release" document that was pitched as "we need you to sign this so we can take photos and video around the school and post them on the school's website." The actual language was a waiver protecting the school district from damages caused by the actions of school employees related to photographing students. My belief is this language was there because last year a teacher at another school was caught taking "inappropriate" sexual photos of students, and IIRC sharing them online. Because it was a teacher, the school district was liable for civil damages, just like any other employer. The language in the photo release document would have protected them from liability.

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