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Tennessee Constitutional Law Questions & Answers
2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: I was sentenced to time and probation terminated and then three months later I caught new charge then got sentenced for

I got sentenced on a charge that I already served out but I was never booked into jail or went in to jail on the old charge they just added it to the new charges and gave me 6 months to serve said I violated probation when I wasn't on probation court records I have show as well probation... View More

James L. Arrasmith
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answered on Feb 22, 2024

It appears that your situation involves a complex mix of legal issues, including probation, new charges, and the impact on your driver's license and financial obligations. If your court records show that your probation was terminated before these new charges were brought against you, and... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: How long do you have in federal court to file sue against the sheriff department the Judge and the attorney general. See

See sometime back I was arrest for disorderly conduct the bad thing about this the cop even knew it was wrong but didn't care so he took me to jail then we went to court the state attorney general was there now on my warrant for disorderly conduct it states that I was standing at the gas... View More

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answered on Feb 23, 2024

In federal court, the deadline to file a lawsuit against the sheriff department, the judge, and the attorney general would typically depend on the statute of limitations for the particular claims you wish to bring. Statutes of limitations vary depending on the nature of the claim and the... View More

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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Tennessee on
Q: Can a drive off tag be displayed in my rear windshield in algood tennessee?

Was pulled over and told having it here where the dealership put it was illegal and it must be taped to the rear mount.

James L. Arrasmith
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answered on Feb 4, 2024

In Tennessee, the placement of temporary tags, often referred to as "drive-off tags," is regulated by state law. These tags are typically issued by dealerships when you purchase a vehicle, providing a temporary registration until your permanent plates arrive. According to state... View More

1 Answer | Asked in Contracts, Criminal Law, Constitutional Law and Internet Law for Tennessee on
Q: 1. Did the 81st Congress in 1950 investigate and found that the lawyer guild is the legal bulwark of Communist Party?

2. Are Social security cards, birth certificates, and driver license contracts that give jurisdiction?

3. Is Anything that can legally be licensed lawful without that license?

4. Have all lawyers denounced their American citizenship?

James L. Arrasmith
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answered on Jan 28, 2024

1. The claim that the 81st Congress in 1950 investigated and found that the lawyer guild was the legal bulwark of the Communist Party is a reference to the activities of the House Un-American Activities Committee (HUAC). However, this characterization is a matter of historical interpretation and... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Tennessee on
Q: Hello my boyfriend was arrested for car theft walking home from work because they mistook him for someone else. Help ?

Hello my boyfriend was stalked then arrested walking home from work because they mistook him for someone else.They said he was arrested for stealing a car. He doesn't even know how to drive. He's never driven out of the 5 years we've been together neither does he posses a license.... View More

James L. Arrasmith
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answered on Jan 28, 2024

I'm sorry to hear about this distressing situation. It's important to take immediate steps to address this. Firstly, securing a lawyer experienced in criminal defense is crucial. They can assist in navigating the legal process, ensuring your boyfriend's rights are protected, and... View More

1 Answer | Asked in Constitutional Law for Tennessee on
Q: I requested a police report on behalf of my son who was hospitalized. Request was denied due to "pending adjudication."

Can they deny giving a copy of the police report?

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answered on Jan 22, 2024

In such cases, police departments may withhold a report if it's part of an ongoing investigation or pending legal proceedings. This is done to protect the integrity of the investigation and any subsequent legal action. The term "pending adjudication" suggests that the case is... View More

1 Answer | Asked in Bankruptcy, Contracts, Constitutional Law and Identity Theft for Tennessee on
Q: So I have asked on a few occasions if the birth certificate created a legal person or an entity or corporation? Of

Course I was told no? But looking over some court cases, why are people called ens legis? Then how did those corporations and or entities originate?

Why is the court system run off of creditor vs debtor?

Is the legal system operating in bankruptcy?

Our ignorance for the... View More

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answered on Dec 20, 2023

A birth certificate does not create a legal person, entity, or corporation. It is simply a government-issued record of an individual's birth, primarily used for identity verification and legal recognition of personhood.

The term "ens legis" refers to a legal entity created by...
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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: Can I be charged with unlawful possession if I’m at my girl friend house and she has guns? We have different address

We have different addresses and she wrote a statement and got on the stand testified she lied on me but they still charging me for something I didn’t do. I even have photo evidence she had a gun pointed at my face. I need help immediately please.

James L. Arrasmith
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answered on Dec 12, 2023

In Tennessee, being charged with unlawful possession of a firearm depends on several factors, including your specific circumstances and legal status. Merely being in a house where guns are present does not automatically make you guilty of unlawful possession. However, if there are certain... View More

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1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Child Custody for Tennessee on
Q: My son was abused and Foster Care he is disabled and he was illegally taken from my home in Tennessee. What should I do

Unfortunately I have a lot of legal issues that I can't get resolved being 62 and disabled. My son was 15 at 5 years old he was in a wheelchair with SMA or needs for not being met and we were being denied assistance and or help for 13 years. I am on SSDI and my son draws off on my benefits.... View More

James L. Arrasmith
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answered on Nov 28, 2023

I'm very sorry to hear about this terrible situation with your son. You and your son were clearly denied rights and appropriate care. In terms of recourse, I would recommend taking these steps:

1. Consult with a civil rights attorney regarding potential ADA violations and...
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1 Answer | Asked in Constitutional Law and Civil Rights for Tennessee on
Q: In Tennessee, can I legally film the outside of courthouse or police station?
James L. Arrasmith
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answered on Nov 24, 2023

In Tennessee, generally, you have the right to film public buildings like courthouses and police stations from public spaces. This is protected under the First Amendment, which covers the right to freely gather information about public officials in public places.

However, there are...
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1 Answer | Asked in Constitutional Law for Tennessee on
Q: Is HJR-192 still active today? Since America has been bankrupt since 1933, at which time they confiscated all gold

And silver. And never gave us anything but legal tender or promissary notes to pay a debt. Nothing of real value like gold or silver.

James L. Arrasmith
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answered on Nov 17, 2023

House Joint Resolution 192 (HJR-192) of 1933, which effectively suspended the gold standard in the United States and discharged gold-clause contracts, is no longer active in its original form. The resolution was part of the broader response to the financial crises of the Great Depression.... View More

1 Answer | Asked in Constitutional Law for Tennessee on
Q: 1. If the "United States" and the "United States of America" are allegedly lawfully (Constitutionally) one and the same.

BUT according to Title 18, Sec 3002, the

"United States" IS THE federal corporation... why is the "United States of America", a FOREIGN COUNTRY, always the Plaintiff against US Citizens domiciled within the several states of the nation, with THE government, that We the... View More

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answered on Nov 16, 2023

In addressing your questions, it's important to clarify a few legal concepts. The "United States" and the "United States of America" are terms often used interchangeably to refer to the federal government of the United States. Title 18, Section 3002 of the U.S. Code, which... View More

1 Answer | Asked in Constitutional Law for Tennessee on
Q: 1. If the "United States" and the "United States of America" are allegedly lawfully (Constitutionally) one and the same.

BUT according to Title 18, Sec 3002, the

"United States" IS IHE federal corporation... why is the "United States of America", a FOREIGN COUNTRY, always the Plaintiff against US Citizens domiciled within the several states of the nation, with THE government, that We the... View More

James L. Arrasmith
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answered on Nov 16, 2023

In addressing your questions, it's important to clarify a few legal concepts. The "United States" and the "United States of America" are terms often used interchangeably to refer to the federal government of the United States. Title 18, Section 3002 of the U.S. Code, which... View More

1 Answer | Asked in Constitutional Law and Juvenile Law for Tennessee on
Q: If someone has accused you of stalking can you provide a police report to their school if a minor?

Student committed theft from a local gas station To prevent charges they worked with the owner and accused the employee of stalking for chasing and finding out his identity. They are currently trying to press charges for stalking to scare the employee that was hit by his car from taking civil... View More

James L. Arrasmith
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answered on Nov 15, 2023

Providing a police report to a minor's school in a situation involving allegations of stalking is a sensitive matter.

Generally, if the police report is a public record, it can be shared. However, it's important to consider the purpose and the potential implications of doing so....
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1 Answer | Asked in Constitutional Law and Consumer Law for Tennessee on
Q: Is this legal? I thought I was covered under the no surprise bill act?

I had secondary insurance (united health care) for a few months mainly for a new prescription for my glasses. Primary Amerigroup. I had a doctors appointment during the period I had 2 health insurances. I did not supply the information for my secondary insurance to my doctors office but a year... View More

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answered on Nov 15, 2023

The No Surprises Act generally protects patients from unexpected bills for emergency services and certain services at in-network facilities.

However, it's important to understand that this protection may not cover all medical billing situations. In your case, if you had secondary...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: My fiancé has spent At minimum 120 days past her true sentence.. and is still incarcerated as I speak in TDOC

originally received a four year suspended sentence.served three terms 9 m 9 m12 m Towards the suspended sentence. Also during this time Was placed on Community Corrections and ended up with 492 days (16 months) CC day 4 day credits (of which I only was made aware of the exact amount after... View More

Michael Gregory Floyd
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answered on Nov 23, 2024

Do you have the sentencing orders. A Writ of Habeas Corpus is the appropriate method for her release.

Attorney M.G.Floyd, Esquire 901 526-1088

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?

..///#

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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

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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.

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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
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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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