TN Law Update

Criminal Law
-

Community Caretaking
o Only applies to consensual police-citizen encounters
o NOT probable cause or brief investigatory detentions
Double Jeopardy
o Adopted Federal Standard Blockburger test
Second prosecution for same offense after conviction
Second prosecution for same offense after acquittal
Multiple prosecutions for the same offense
o Two-part test
Whether violations arise from the same act or transaction
Whether each offense includes an element that the other statute
does not
Anonymous Tips
o Did law enforcement have requisite degree of individual suspicion
when coming from anonymous tip
o Anonymous tip alone seldom demonstrates the informants basis of
knowledge or veracity
o No firearms exception
o HAS to be individualized suspicion
PC for DUI Stop
o Passing a field sobriety test doesnt mean there cant be PC to take in
for a chemical test
Traffic stop case
o Police may order a D out of his vehicle after a routine stop as long as it
isnt too long
Duration should be no longer than necessary must be least
intrusive means
Post-Conviction
o Guilty plea expunged is not a conviction under the Post-Conviction
Procedure Act
Bail
o Right to bail is not absolute, but revocation must comport to due
process and an evidentiary hearing preponderance of evidence to
revoke

Torts
-

Defamation
o Cabinet level executive officials have absolute immunity from
defamation suits that arise out of their official duties
Helps them in their duties
Premise Liability

o
-

Allegations in a complaint that a business failed to deter intoxicated

patrons from injuring other patrons is enough to survive a motion to
dismiss

IIED
o

Elements
Intentional or reckless conduct
That is so outrageous not tolerated by civilized society
Results in serious mental injury to P
o Evidence that can be submitted
Physiological manifestations
Psychological manifestations
Evidence P sought medical treatment/was diagnosed
Evidence regarding duration/intensity of treatment
Evidence that P suffered significant impairment of daily
functioning
Extreme and outrageous character of Ds conduct
o No reckless infliction lumped in to IIED
Intentional Misrepresentation
o Claim for paternity fraud
o Elements
D made a statement of present or past fact
Representation was false when it was made
Representation involved a material fact
D knew representation was false/it was made recklessly
P did not know representation was false/justified in reliance
P sustained damages as a result of the representation
Governmental Tort Liability Act/Preemption
o Planning/policy decisions are immune from tort liability
o Operational decisions/acts can produce liability
Malicious prosecution
o Voluntary nonsuit is NOT a favorable termination on the merits that is
necessary to maintain a malicious prosecution claim
Medical Malpractice
o Healthcare liability action
o Procedural requirements that must be fulfilled by the P
60 day notice to D
Certificate of good faith in cases that require good faith

Constitutional Law
-

Takings under Article 1 Section 21

o Encompasses regulatory takings to the same extent as the 5 th
amendment
Retention Election of Appellate Judges Constitutional
o Does not violate the State Constitution
Voter ID Law Upheld
o State voter ID law was constitutional

o Applied strict scrutiny and still upheld it

Due Process rights of students that are suspended
o Students have a due process right to an education
Notice and meaningful hearing
o School officials have dual responsibilities with regard to investigating
and initiating disciplinary proceedings without violating due process

Civil Procedure
-

Statute of Repose (cuts off a claim after a certain amount of time)

o Statute of repose is an affirmative defense
o Can be waived if not pled in a timely manner
Gravamen of the complaint
o To determine which SoL should apply look at complaint
Type of claim
Type of injuries
o Look at those to see
90-day extension
o Gives P 90 days protection from SoL running to bring in previously
unnamed 3rd parties

Evidence
-

Rule 609
o Conviction punishable by less than one year of imprisonment is
admissible to impeach a defendant if the crime involved dishonesty or
a false statement
o Court applied this to exclude passing worthless checks conviction in a
fraud action because prejudice > probative

Wills and Trusts

-

Decedents signature IS required on a will

Separate signature on an accompanying affidavit is not sufficient to satisfy
the requirements
Did not adopt integration
SIGN THE WILL NOT AFFIDAVIT

Property
-

URLTA
o Stated purpose

To simplify, clarify, modernize, and revise the law governing the

rental of dwelling units and the rights/obligations of landlords
and tenants
Does not apply to
Public housing units, commercial leases, and student housing
Notice means
Written notice
Tenant provides email address then notice can be provided by email
Rental agreements
Tenant cannot forego rights or remedies under the statute
Mandatory 5-day grace period for the payment of rent
Late charges may not exceed 10% of the amount owed
If landlord doesnt sign written rental agreement but accepts rent then
it creates a month-to-month tenancy
Unconscionably
If part is unconscionable the court can strike/limit that provision
Tenant has right to inspect the premises if landlord doesnt return
security deposit
Landlord has to provide a listing/accounting
Landlord obligations
Must comply with building/housing codes
Make all repairs and do what is necessary to keep premises in fit
and habitable condition
Make/keep common areas clean/safe condition
Tenant obligations
Comply with all building/health codes dealing with health/safety
Keep premises as clean and safe as when took possession
Dispose of garbage/waste
Not deliberately destroy the premises
No illegal conduct
Not disturbing neighbors peaceful enjoyment
Cannot be selectively enforced
Landlords may set out rules if they dont totally change lease
Tenants may use only as dwelling
Provide notice if gone 7+ days
Access by landlord
Tenant cant unreasonably withhold access if needed for
necessary repairs/show to prospective renters
LL can enter if emergency or utilities turned off through no fault
of LL
LL may not abuse right of access or use it to harass
Abandonment
Unexplained/extended absence of 30+ days
Tenant has 10 days before LL can enter and reclaim
Tenant remedies
Damages, injunctive relief, reasonable atty fees
LL has 2 weeks/14days to cure

o
o
o
o
o
o
o
o

If LL deliberately or negligently fails to provide essential services

Tenant can get damages and procure reasonable
substitute services or housing and go for reimbursement
These are utilities and other things that pare for
health/safety
o Fire damage
Tenant may immediately vacate if substantially impaired
o Unlawful ouster
Tenant can get actual and maybe punitive damages
o LL remedies
LL can move to remove tenant, but must provide notice and 14
days
L can get punitives for willful destruction
If LL accepts rent estopped
Anti-retaliation remedy
o LL cant mess with tenant in response to complaint under URLTA
Immediate termination
o What allows LL to immediately terminate
LL can terminate w/in 3 days from written notice if tenant/tenant
guests commit a violent act willfully/intentionally or behaves in a
manner to threaten other tenants or creates a hazardous or
unsafe condition
Towing vehicles
o 10 day written notice
o LL can also tow vehicles if in violation of parking policy
o Can tow nuisance vehicles w/ 24hr notice
Important provisions
o What are LL/tenant obligations
o What are LL/tenant remedies
o Look @ notice provisions