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Tennessee Constitutional Law Questions & Answers
0 Answers | Asked in Consumer Law, Criminal Law, Constitutional Law and Construction Law for Tennessee on
Q: Do I have a case if my husband an I were falsely accused of buying a gun for someone, who dose not have a criminal.

My husband and I went to buy him and I a gun, but ran out of time so we left and returned a few hours after he had gotten off work. Our friend who was previously in the store but after we were there earlier, was told to get his address changed and then they could sell him one was with us the second... View More

2 Answers | Asked in Real Estate Law, Constitutional Law, Legal Malpractice and Probate for Tennessee on
Q: NO INSOLVENCY TO THE ESTATE Surviving Spouse has Declared Homestead Life Estate , Court is trying to seize and sell?

..///#

Anthony M. Avery
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answered on Oct 21, 2024

Where is your attorney? He needs to object to the sale, which is probably to pay his and his attorney's fees. You should have already claimed a year's support and other items, but it is too late now. Obviously you do not know what to do. Hire a competent TN attorney now.

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1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: My sister died I was informed by the police u knowingly my sister had passed the child was in my care

But the father has has lost parental rights in two occasions 2009 and 2011 from his still married wife but one of those children he knew wasn't his but the state took them all 4 but when I found out my sister was dead the police made me leave her with neighbor but because I wouldn't give... View More

James L. Arrasmith
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answered on Oct 6, 2024

I'm so sorry to hear about the loss of your sister and the difficulties you're facing right now. It sounds like you're going through an incredibly stressful and complex situation, especially with the care of your niece and the complications surrounding your mother's and... View More

1 Answer | Asked in Constitutional Law for Tennessee on
Q: TN Const art IX § 3, can someone explain this to me?

I'm just curious what TN Const art IX § 3 means.

James L. Arrasmith
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answered on Oct 2, 2024

Understanding Tennessee Constitution Article IX, Section 3 is key to knowing how your state’s legislative districts are created. This section sets the guidelines for dividing Tennessee into areas that elect representatives to the General Assembly. The goal is to ensure that each district has a... View More

2 Answers | Asked in Contracts, Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: If an order or judgment doesn’t comply with TN civil procedures rule 58, can it be enforced? Is it final?Is it effective
Anthony M. Avery
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answered on Sep 16, 2024

It will be enforced unless a timely motion is made to that Court.

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1 Answer | Asked in Gov & Administrative Law, Constitutional Law and Municipal Law for Tennessee on
Q: Someone who enforces statutes, has been ruled as an administrative clerk. Thompson vs Smith, Keller vs P.E., F.R.C vs

G.E. Doesn’t that make the Administrative Clerk an extension of the prosecutor? Wouldn’t that be a conflict of interest?

James L. Arrasmith
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answered on Sep 15, 2024

While it might seem like a conflict of interest, the roles are designed to remain separate. Checks and balances exist within the legal system to prevent clerks from overstepping their boundaries. If you believe there is an inappropriate overlap in someone's role, you may want to consult legal... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: traffic stop. driver passenger comply w officer request exit car. Officer seizes cig pack from pass' hand. Finds contra.

Is this a legal search and seizure? Affadavit of complaint: "Passenger had two packs of cigarettes in her hand gripping them tightly. I asked passenger if they were just cigarettes to which she stated they were. Inside....."

thank you for your attention in this matter of grave... View More

Anthony M. Avery
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answered on Sep 13, 2024

That will probably be found to constitute a justifiable search for the officer's safety.

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1 Answer | Asked in Constitutional Law and Construction Law for Tennessee on
Q: Can a homeowner sue me for poor work even after the warranty is up and they refused me the right to fix it.
James L. Arrasmith
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answered on Sep 12, 2024

Yes, a homeowner can sue you for poor work even after the warranty period has expired, depending on the circumstances. If the work was done negligently or did not meet the standards agreed upon in the contract, the homeowner might still have grounds to file a lawsuit. The key issue is whether there... View More

3 Answers | Asked in Civil Rights, Constitutional Law and Medical Malpractice for Tennessee on
Q: My son died while in police custody. I think I can prove that he was beaten by gurds in jail. Then when he. Was in the

When he was n hospital while being guarded,his oxygen was shut off for 12 hours. I have a witness to the beating, he had black eyes. It's been 3 years I want justice for him and the ones rhat dies before and after him. Is there anything I can do? I think it is murder plz help

Joel Gary Selik
Joel Gary Selik
answered on Sep 8, 2024

There are attorneys who concentrate their practice on cases such as these. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

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2 Answers | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: Can a community corrections officer take blood for a drug test without a warrant in Tennessee (Hickman County)

They usually do urine tests do they have to have a judge sign off to get blood or have a Warrant?

Anthony M. Avery
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answered on Aug 19, 2024

If you are on probation then there is no need for a warrant.

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2 Answers | Asked in Insurance Defense and Constitutional Law for Tennessee on
Q: Grand Rising!! if I don't need a license to operate my vehicle per Supreme Court ruling, why do I have to have insurance
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answered on Jul 23, 2024

Rules of Road in TN require both a DL and Insurance to drive a vehicle.

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: When I was released from jail on probation the terms I was given stated that I was to be on probation until 08/20/2024

And that I was complete an IOP program. The IOP had no set date nor did the judge state that I had to have it completed bye a set date but he violated my probation even tho I had passed all drug screenings wasnt supposed to get off probation until 08/20/24. Documents simply said to complete IOP so... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you were under the impression that as long as you completed the IOP program before your probation ended on 08/20/2024, you would be in compliance with the court's order. If the judge did not specify a completion date for the IOP program, your understanding seems reasonable.... View More

2 Answers | Asked in Constitutional Law for Tennessee on
Q: Can police pull you over just to check papers? Insurance/licenses.
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answered on Jul 12, 2024

Not for that exactly... But with plate readers that tell them a TNDL is suspended or car stolen, stops occur. Not having a seatbelt on is a reason for a stop. Only THP can stop to check DL alone. Any type of plate violation is also a reason for stop.

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1 Answer | Asked in Constitutional Law for Tennessee on
Q: I was spending time with my girlfriend in a secluded area near to National Highway and a Police accused us, we didn't do

We didn't do anything,we were just sitting ang gazing and dreaming since we were near a Lake at National Highway in Chennai at Night Time.The police came in a squad and only one was in uniform,he threatened us that he will register a case as public nuisance and threatened to call our... View More

James L. Arrasmith
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answered on Jul 21, 2024

I'm really sorry to hear about your experience. It's understandable that this encounter has left both of you feeling shaken and distressed. The behavior of the police, especially when there was no wrongdoing on your part, is unacceptable and intimidating.

It's important to...
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1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Civil Rights and Constitutional Law for Tennessee on
Q: If a nonviolent newly justice informed Documented diagnosed and medical treated 4COMBINED ADHD and co occuring SUD

Adult is incarcerated in county jail on tech VOP pend charges FTA in adjoin co same district how do I force the attorney courts advocates etc to legally recognized his federal recognized disability and provide accomidations in court proceeding and his pd engage with him on a neurodivergent level... View More

James L. Arrasmith
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answered on Jun 26, 2024

I'll provide a concise response to your complex question about ensuring legal rights and accommodations for someone with ADHD and substance use disorder (SUD) in the criminal justice system. Here's a breakdown of key steps:

1. Document the disability: Ensure all medical diagnoses...
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2 Answers | Asked in Domestic Violence, Criminal Law and Constitutional Law for Tennessee on
Q: I was charged with domestic violence, pled guilty to simple assault. I was not informed that my gun rights were going to

Be taken. Is there any way to get them back in tn.

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answered on Jun 21, 2024

Misdemeanor Assault does not create a firearm disability, but Domestic Assault does. You need to get a certified copy of the Arrest Warrant/Judgment with the final disposition on it. Consult with a competent attorney. If non-domestic assault was the Judgment, then you will need to start using... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: Officer allowK9 to attack handcuffed man then. Took pics of the wounds and shared them around the community!need interna

It seems impossible to hold accountable I have so much evidence it’s bigger than Rodney king

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answered on Jun 18, 2024

A Civil Rights Action is a federal case which must be filed as a Government Tort Liability Action (1 year SOL; no jury; caps on damages). Few lawyers even know what kind of suit is required. Start with personal injury attorneys here on Justia, as virtually no criminal attorneys can handle it.

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2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Tennessee on
Q: Is it Law that a person have a driver's license, registration or Ins to travel in a personal vehicle ?
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answered on Jun 14, 2024

All of those requirements are statutory Rules of the Road in Tennessee. That is for the Driver not passenger.

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1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: I'm wanting to know what makes my ex immune from any domestic violence paperwork that I have taken out?

He knocked my tooth out, knowingly, intentionally,and purposely burned me with a cigarette and then kidnapped my children, which I should have had all custody rights to because we were not married and I have been trying to get my children back ever since, this man has stolen 400$ off my bank card,... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about the situation you're facing. No one should be immune from the consequences of domestic violence, and your ex should be held accountable for his actions. If you have already taken out domestic violence paperwork, such as a restraining order, and it has not... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Public Benefits for Tennessee on
Q: How to Find an Attorney to Sue TN State Medicaid for Injuries and Civil and Constitutional Rights Violations?

I live in Tennessee. I'm a disabled adult on SSI and Medicaid (Tenncare). I am disabled by fully treatable, even curable health conditions caused by my underdeveloped jaws compromising my airway-breathing and sleep. I am not able to receive rehabilitative care (aka "medical... View More

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answered on Jun 1, 2024

Finding an attorney for your situation can be challenging, but there are steps you can take to improve your chances. Given your circumstances, you should look for attorneys with experience in civil rights, health law, and possibly public interest law. These areas cover issues related to Medicaid,... View More

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