|
I will be sueing someone in Sessions court in Tennessee and in the
form I have to fill out I need to reference the Tennessee statutes for
the charges I'm bringing, but I can't find them anywhere. Can anyone
point me in a more specific direction, than general, please? I have
found huge volumes of Tennessee Law and proceedures on the internet,
but can't find specifically where the statutes for the following
charges are.
Malicious Procecution
Negligence
Slander
Any help would be greatly appreciated!
Thanks,
Jay Nels
|
| |
| |
I will be sueing someone in Sessions court in Tennessee and in the
form I have to fill out I need to reference the Tennessee statutes for
the charges I'm bringing, but I can't find them anywhere. Can anyone
point me in a more specific direction, than general, please? I have
found huge volumes of Tennessee Law and proceedures on the internet,
but can't find specifically where the statutes for the following
charges are.
Malicious Procecution
Negligence
Slander
Any help would be greatly appreciated!
Thanks,
Jay Nels
Looks like you need caselaw for most of that. Go to a law library.
Tennessee Code Annotated won't help you much. Ask for a jury. A judge
won't want to hear your issues of fact. Slander? That's a common law tort
which juries don't care much for either, unless you've been ruined by it.
|
| |
| |
On 20 Jul 2004 11:53:24 -0700, magical14u@netzero.net (The Wiz) wrote:
I will be sueing someone in Sessions court in Tennessee and in the
form I have to fill out I need to reference the Tennessee statutes for
the charges I'm bringing, but I can't find them anywhere. Can anyone
point me in a more specific direction, than general, please? I have
found huge volumes of Tennessee Law and proceedures on the internet,
but can't find specifically where the statutes for the following
charges are.
Malicious Procecution
Negligence
Slander
You can Google up a lot of cases using "Tennessee" and these terms.
The impression I get is that Tennessee has little statutory law on
these torts and relies instead on common law and case law.
For negligence in particular, Tennessee has adopted the "modified
comparative negligence" approach (if plaintiff is more at fault than
defendant, plaintiff cannot recover), but this can only be seen from
the Tennessee Supreme Court rulings on the subject.
For slander (and defamation in general), Tennessee follows common law,
and many cases cite the Restatement (2nd) of Torts extensively.
The only Tennessee malicious prosecution cases I've seen involve
ill-taken criminal prosecutions: it's very hard to prove malice, and
the only successful one I've seen was a reward-for-stolen-goods case
in which the theft victim maliciously swore a complaint against an
uncooperative finder: Mullins v. Wells (60 Tenn. App. 675; 450 S.W.2d
599; 1969 Tenn. App.); see
http://www.geocities.com/towcrime/mullinsarrest.html
--
Not a lawyer,
Chris Green
|
| |
| |
I will be sueing someone in Sessions court in Tennessee and in the
form I have to fill out I need to reference the Tennessee statutes
for
the charges I'm bringing, but I can't find them anywhere. Can
anyone
point me in a more specific direction, than general, please? I have
found huge volumes of Tennessee Law and proceedures on the internet,
but can't find specifically where the statutes for the following
charges are.
Malicious Procecution
Negligence
Slander
It's a bit strange that the civil complaint forms would require
references to statutes. It may be that this item of the form applies
only if plaintiff is alleging that a statute has been violated, but
the item may be left blank (or NA entered) if the plaintiff is making
no allegations about violation of a statute. One way to find the
answer would be to find a practice guide in the library. These
multi-volume sets answer exactly this sort of question for attorneys.
In California, the title of the practice guide would be "Civil
Procedure Before Trial." I don't know what it's called in Tennessee.
The law library librarian will direct you to the section having that
sort of reference source.
McGvyer
|
| |
| |
Wow! Thanks for all the info folks. I really appreciate it.
In my search for information I have recently found a LOT of case law
having to do with malicious prosecution in Tennessee that is the way
to go on my suit.
The charge brought against me was vandalism, for slashing 3 tires on a
woman's car. I had absolutely nothing to do with it. I was in the
wrong place at the wrong time & she was looking for someone to blame.
To prove malicious prosecution in Tennessee I need to prove that the
original charges that were brought against me without probable cause.
Easy. In the statement on the form which was used to file charges
against me the plaintif claimed she had a witness that saw me slash
her tires. I spoke to the "witness" today, and she told me that she
did speak with the plaintif, but she never identified me as the vandal
to the plaintif. She told the plaintif that she was aware of who I
was, and had seen me once before a while back, but she didn't think I
was the one she saw slash the tires. She then volunteered that the
plaintif was actually trying to "coerce" her into identifying me as
the vandal. She said the plaintif kept trying to get her to say the
person she saw was wearing a derby hat (which I wear), but she kept
telling the plaintif the vandal wore a ball cap. The plaintif then
said things like "oh, come on...you know it could have been a dereby,
right? Don't you think that's what you really saw was a derby? A derby
could look like a ball cap, you could have seen something else,
right?"
So, no witness, no probable cause. I should mention though that there
was a 16 yera old kid that I fussed at for stealing the parking space
that I had been waiting on for 3 - 4 minutes that drpooed this woman
(plantif) off at the entrance to the mall, and went to park her car
for her. When they came out of the mall & saw the tires flat he then
made up the story that in our confrontation I threatened to flatten
all the tires. Ha, like I"m going to threaten before I slash tires
and then park 5 spaces down so that my van can be identified and I can
be found & accused of the crime. Additionally, the reporting officeer
did thell the plaintiv verbally, and in the police report to check
with the witness, and if she identified me then she could press
charges.
She could claim tha tthe statement by the 16 year old kid was all she
needed for probable cause, but the police officer made it clear what
she did need, and what she needed to do to get it (the witness saying
I did it).
Next is proving malice. She went to the manager at the restaurant I
worked for trying to cause me trouble there either right before, or
right after she pressed charges. She attempted to coerce the witness
to change her story to blame me. She lied in the statement she made
to have me charges. Yup, I'd say malice, but would a judge?
Last is that the original cse must be resolved in my favor. Yup, it
was dismissed. When wwe were all in court ready for trial the judge
postponed the trial for my case. Then the DA decided to ask the
witness if I was the guy she saw, and she told the DA no. So, the DA
recommended that the state dismiss the case, and it was dismissed.
So, I think I have a case! Any further comments?
"McGyver" <Greyprof@msn.com> wrote in message news:<2m7kenFk024oU1@uni-berlin.de>...
for
anyone
It's a bit strange that the civil complaint forms would require
references to statutes. It may be that this item of the form applies
only if plaintiff is alleging that a statute has been violated, but
the item may be left blank (or NA entered) if the plaintiff is making
no allegations about violation of a statute. One way to find the
answer would be to find a practice guide in the library. These
multi-volume sets answer exactly this sort of question for attorneys.
In California, the title of the practice guide would be "Civil
Procedure Before Trial." I don't know what it's called in Tennessee.
The law library librarian will direct you to the section having that
sort of reference source.
McGvyer
|
| |
| |
|
