Your EASY guide to the legal system.
The Layman's Law Dictionary
C Circuit Court

Tennessee's 95 counties are divided into 31 judicial districts. Within each district are Circuit Courts and Chancery Courts as provided by the state constitution. Some districts also have legislatively established Criminal Courts. Judges of these courts are elected to eight year terms.

CIRCUIT COURTS are courts of general jurisdiction in Tennessee. Circuit judges hear civil and criminal cases and appeals of decisions from City, Juvenile, Municipal and General Sessions courts. The jurisdiction of Circuit Courts often overlaps that of the Chancery Courts. Criminal cases are tried in Circuit Court except in districts with separate Criminal Courts established by the General Assembly.

Source:  Tennessee's Administrative Office of the Courts

Local Rules of Court: The listing provided by this page may not comprise the entirety of local rules of practice, but reflect only the rules that have been provided to this site by the listed districts. Additional rules may be obtained from the court clerks' offices in each district or county.

 

 Chancery Court

Tennessee's 95 counties are divided into 31 judicial districts. Within each district are Circuit Courts and Chancery Courts as provided by the state constitution. Some districts also have legislatively established Criminal Courts. Judges of these courts are elected to eight year terms. 

CHANCERY COURTS are a good example of the court system's English heritage. The traditional equity courts are based on the English system in which the chancellor acted as the "King's conscience." Chancellors may, by law and tradition, modify the application of strict legal rules and adapt the relief given to the circumstances of individual cases.

Source:  Tennessee's Administrative Office of the Courts.

The listing provided by this page may not comprise the entirety of local rules of practice, but reflect only the rules that have been provided to this site by the listed districts. Additional rules may be obtained from the court clerks' offices in each district or county.

 

 Criminal Court

Tennessee's 95 counties are divided into 31 judicial districts. Within each district are Circuit Courts and Chancery Courts as provided by the state constitution. Some districts also have legislatively established Criminal Courts. Judges of these courts are elected to eight year terms.

CRIMINAL COURTS are established by the General Assembly to relieve Circuit Courts in areas where they are justified by heavy caseloads. Criminal Courts exist in 13 of the State's 31 judicial districts. In addition to having jurisdiction over criminal cases, the 29 Criminal Court judges hear misdemeanor appeals from lower courts. In districts without Criminal Courts, criminal cases are handled at the trial level by Circuit Court judges.

Source:  Tennessee's Administrative Office of the Courts.

 City or Municipal Court

MUNICIPAL COURT, also known as city court, has jurisdiction in cases involving violations of city ordinances. Generally, a city judge has authority to assess fines up to $50 and jail sentences up to 30 days. However, jurisdiction varies widely from city to city. About 300 Tennessee cities have Municipal Courts.

Source:  Tennessee's Administrative Office of the Courts.

 Court of Appeals

The 12-member COURT OF APPEALS does just what its name suggests. The Court of Appeals hears most appeals of civil - or non-criminal - cases from lower courts. All final decisions of the Court of Appeals may be appealed to the Tennessee Supreme Court. The Court of Appeals meets in Knoxville, Nashville and Jackson, sitting in panels of three judges.

Court of Appeals judges are selected under the Tennessee version of the "Missouri Plan." When a vacancy occurs on the Court of Appeals, the 15-member Judicial Selection Commission recommends three candidates from the grand division of the state in which the vacancy exists. The governor appoints a new judge from the list of three candidates.

Court of Appeals judges run on a "yes-no" ballot every eight years. Voters decide to retain or reject the judges, who run unopposed.

The COURT OF CRIMINAL APPEALS hears trial court appeals in felony and misdemeanor criminal cases. The twelve Court of Criminal Appeals judges also are selected under Tennessee's version of the Missouri Plan.

Panels of three judges sit monthly in Jackson, Knoxville and Nashville to hear cases. As with the Court of Appeals, the Court of Criminal Appeals meets at other places and times as necessary.

Also like the Court of Appeals, the Court of Criminal Appeals does not conduct trials. Instead, the records of the original trials in lower courts are reviewed, with attorneys presenting the legal issues.

Source:  Tennessee's Administrative Office of the Courts.

 D Defendant

A defendant is a person who is sued in a court of law. Take for example the following:

Imagine you are in an automobile accident. You are driving your car, and you run a red light hitting another individual. The other individual/driver suffers injuries and property damages. The individual hires a lawyer, and brings a lawsuit against you in a court of law. Once you are sued in a court of law, in a civil setting, you are a defendant-a person who has a legal claim pending against you. (If charges are brought against you in criminal court, you are a criminal defendant.)

If your sued, as a defendant in a civil court inthe factual scenario described above you need to appear in court, answer the claim, and defend yourself either saying you are not responsible for the injuries, or you are responsible for the injuries but the plaintiff did not suffer the damages claimed. If sued, it is always advisable to report the lawsuit to your insurance company. Your insurance company may provide you with a lawyer. 

In Tennessee there are many courts in which a civil suit can be filed. Tennessee has General Sessions Court, Circuit Court civil, Circuit Court criminal and Chancery Court. In Tennessee, there are many legal theories upon which a plaintiff, or someone bringing a lawsuit, can bring a lawsuit against a defendant. If you are sued, and you have questions always consult a lawyer. If you have questions about this definition feel free to e-mail us.

 G General Sessions Court Civil Division-Tennessee

The Court of General Sessions, Civil Division is a court of limited jurisdiction, often referred to as the "people's court." A person may represent himself without an attorney. A corporation filing suit must have an attorney. General Sessions Court is the Court that most people have their first experience in bringing a claim or defendending a claim

The following cases may be filed in Sessions Court on a Civil Warrant, a form used by people to file a claim in Court. These suits may not exceed $25,000.00. Suits above this amount must be filed in Circuit Court.
  • Open accounts -- for example, past due bills that remain unpaid.
  • Contracts --for example, you hire a contractor, the contractor does not perform the work you contracted him to perform, you suffer damages, and you bring a claim to enforce the contract
  • Notes - for example, if you loan money, have a written agreement for the payment of money, and the money is not paid you may have the right to bring a claim.
  • Damages - for example, you are in an automobile accident, your car is damaged, you may file a claim to have the person responsible for the accident pay for those damages.
       
These suits may be filed for an unlimited amount.
  • Replevins -if you have property unlawfully taken from you, you can file an action to get the court to legally assist you in getting your property back to you.
  • Detainers - Detainers are most commonly issued during eviction proiceedings, asking the court to issue a writ of detainer to seek removal of an individual from rental property
  • Detinues -- if you believe you have a greater right to the possession of property than another, then you can bring a dtinue action to get the court's assistance in declaring your rights to possession of property

The clerk must have an original civil warrant (a civil warrant is a complaint alleging a legal claim) and a copy for each defendant to file a suit. An additional civil warrant is required for service out of county or out of state. All cost on civil warrants are prepaid unless a pauper's oath is filed. The warrant must include the following information:

  • The plaintiff's name, address and phone number
  • The defendant's name, home address and work address
  • The attorney's name, address, and attorney's number
  • The type of action and the amount of the suit
  • Both sides of the warrant must have the same style

Civil warrants served by the Secretary of State must be accompanied by a $20.00 check payable to the Secretary of State. Civil warrants served by the Commissioner of Insurance must be accompanied by a $10.00 check payable to the Commissioner of Insurance. Civil warrants served out of county must have a $22.00 check payable to the sheriff of the county doing the service.

The hearing on cases served out of county or by a private process server are set in advance of service by the clerk. All other hearings are set by the deputy at the time of service. The clerk is not required to send notification of any court dates. It is the responsibility of the plaintiff to call the clerk's office to confirm service and the court date.

There are no jury trials in Sessions Court. It is not a court of record and all judgments are rendered by the Judge.

A thirty day notice, or 10 day notice if Rent is weekly, must be given to the tenant before a detainer warrant can be issued, unless lease states otherwise. Writs of possession may not be issued until the eleventh day from the judgment date. When a plaintiff is given a judgment for possession of the property on a detainer warrant, it is the plaintiff's responsibility to request the writ of possession. Arrangements for service are made through the Sheriff's Department. The plaintiff is responsible for removing any possessions left by the tenant from the property.

An appeal on a judgment must be filed within ten days after the judgment is rendered. The cost of Appeal is $207.50. A garnishment can be issued on the eleventh day after the judgment date. A wage garnishment is effective for six months. Personal checks cannot be accepted on garnishments.

Source:  Hamilton County Tennessee

Also see the following definition:

GENERAL SESSIONS COURT jurisdiction varies from county to county based on state laws and private acts. Every county is served by the court which hears civil and criminal cases, including matters formerly handled by justices of the peace. Civil jurisdiction is restricted to specific monetary limits and types of actions. Criminal jurisdiction is limited to preliminary hearings in felony cases and misdemeanor trials in which a defendant waives the right to a grand jury investigation and trial by jury in Circuit or Criminal Court. General Sessions judges also serve as juvenile judges except in counties in which the legislature has established a separate Juvenile Court. General Sessions judges are elected to eight year terms.

Source:  Tennessee's Administrative Office of the Courts

 J Juvenile Court

JUVENILE COURT jurisdiction is vested in General Sessions Courts in all counties except those in which the law establishes special Juvenile Courts. Juvenile Courts have exclusive jurisdiction in proceedings involving minors alleged to be delinquent, unruly, dependent and neglected. Juvenile Courts also have concurrent jurisdiction with Circuit, Chancery and Probate Courts in some areas.

Source:  Tennessee's Administrative Office of the Courts.

 L Layman's Law Dictionary

This dictionary is designed for everyday use. Lawyers use the Blacks Law Dictionary, and those terms are often filled with legalese making it difficult for everyday people to understand. This dictionary is a guide, it is designed to give you information about commonly used legal terms, to help you understand your legal system. The dictionary is under development, and is a guide for everyday people to get a snapshot into how the legal system works. If you have a question on any legal term email us.

If you have a term you want defined in this dictionary let us know by emailing us.

 Lawsuit

Most courts have civil courts and criminal courts.  The civil court is where a person will bring a claim for money damages.  The claim usually arises out of a situation where one person (or  party) claims another owes them money for damages.

Civil claims can arise from an automobile accident where one pereson causes damage to another, either to their property or their person.  A civil suit is a mechanism to recover money for damages.

Civil claims also can arise from a contract.  If one person signs a contract with another and one of the parties to the contract fails to perfrom the contract, a person may bring a claim arising from the failure to do what is promised in the contract.

There are many examples of civil suits, or lawsuits.  For more information or questions, please feel free to email us.

 P Plaintiff

The plaintiff is someone who files a lawsuit. Take for example the following facts:

Imagine you are in an automobile accident. You were sitting at a red light, the light turns green and another individual runs a red light hitting you in the driver side of the door. You are injured, seek medical treatment, have permanent injuries, and you suffer property damage to your car.

If you decide that you would like to recover money from the person who caused the automobile accident, you can file a lawsuit. If you file a lawsuit, you can allege that the person causing the accident is responsible for payment of your medical bills, lost time from work, and your permanent injuries. If you file a lawsuit you are considered a plaintiff-insurance companies sometimes referred to plaintiffs as claimants before they file a lawsuit, they are claiming damages and the insurance company may have a policy of insurance covering those damages for the person causing those damages.

In Tennessee, a plaintiff traditionally filed lawsuits in a court of law. The courts of law in Tennessee include General Sessions Court, Circuit Court, and Chancery Court.

The plaintiff is, therefore, someone who files a lawsuit for damages, or other legal theories in which the plaintiff can recover in a court of law.

There are many types of lawsuits filed in many different courts in the State of Tennessee, if you have a question about illegal claim it is advisable to always consult a lawyer. If you have any questions about this definition, e-mail us.

 Probate Court

Tennessee's 95 counties are divided into 31 judicial districts. Within each district are Circuit Courts and Chancery Courts as provided by the state constitution. Some districts also have legislatively established Criminal Courts. Judges of these courts are elected to eight year terms.

PROBATE COURTS in Shelby and Davidson counties were created by the legislature and given exclusive jurisdiction over probate of wills and administration of estates. The courts also handle conservatorships and guardianships.

Source:  Tennessee's Administrative Office of the Courts.

 S State Supreme Court

The TENNESSEE SUPREME COURT is the state's highest court and the court of last resort. The five Supreme Court justices hear appeals of decisions from other courts and interpret the laws and Constitutions of Tennessee and the United States. Justices, elected on a "yes-no" vote every eight years under the revised "Missouri Plan", known as the "Tennessee Plan" represent each of the state's three grand divisions. By constitutional mandate, the court meets in Knoxville, Nashville and Jackson.

The Supreme Court has jurisdiction to review civil and criminal cases appealed from lower courts. Appeals are granted or denied at the discretion of the justices, except in capital punishment cases, where appeals are automatic.

The state Supreme Court's jurisdiction was expanded in 1992 by the Appellate Court Improvements Act. Under the act, the state's high court may assume jurisdiction over undecided cases in the Court of Appeals or Court of Criminal Appeals when there is special need for an expedited decision. The Supreme Court also has jurisdiction in cases involving state taxes, the right to hold public office or issues of constitutional law.

Arguments before the Supreme Court are presented by attorneys. Unlike trials in lower courts, there are no witnesses, juries or testimony. After justices have heard oral arguments and reviewed attorneys' written materials, known as briefs, they issue written decisions, or opinions. Tennessee Supreme Court opinions can be appealed only to the federal courts, which may or may not agree to consider an appeal.

Source:  Tennessee's Administrative Office of the Courts.

 T Tennessee House of Representatives

The lower house of Tennessee's bicameral (two houses The State House of Representatives and the State Senate) legislature is called the House of Representatives. The state is divided into 99 House districts from each of which one representative is elected.

Representatives are elected to two-year terms with all representatives standing for election at the same time. To qualify for election to the House, one must be 21 years old, a U.S. citizen, a state resident for three years, and a resident of the county in which elected for one year immediately preceding the election.

During the organizational session of the House, a speaker and speaker pro tempore are elected. The speaker pro tempore acts in the absence of the speaker, but the speaker has the right to name any member to perform the duties of the chair for a period not to exceed one legislative day.

Other leaders in the House of Representatives include the majority and minority leaders who are the chief floor spokesmen for their respective political parties. In addition, the Democratic and Republican Caucus chairmen occupy significant roles in directing meetings of their party members.

Political makeup of the House of Representatives of the 106th General Assembly is 50 Republicans and 49 Democrats.

The State House proposes and passes laws (legislation) for the State of Tennessee.  Law range from taxes to punishments for crimes committed in the State of Tennessee.

For more information on the Tennessee General Assembly click here.

Source:  Tennessee General Assembly.

 

 Tennessee State Senate

 

The upper house of Tennessee's General Assembly is called the Senate (there are two houses, the State House of Representatives and the State Senate, the House has 99 members). The state is divided into 33 senatorial districts, from each of which one senator is elected. Senators are elected to four-year terms with those from even-numbered districts being elected in the same general election, and those representing odd-numbered districts being elected two years later. Thus, about half of the 33 senators are standing for election at the same time. Re-election to the Senate is constitutionally permissible, as it is in the House, and there is no limit on the number of terms a State Representative or State Senator may serve.

To qualify for election to the Senate, an individual must be 30 years old, a U.S. citizen, a state resident for three years and a resident of the district in which he or she is elected for one year immediately preceding his or her election.

The leader of the Senate, or speaker, is also the state's lieutenant governor. The speaker of the Senate is elected by the Senate at each organizational session of the General Assembly (the General Assembly is comprised of both the State Senate and the State House). The lieutenant governor stands in immediate succession to the governorship if it becomes  necessary.

Other leaders in the Senate include the speaker pro tem, deputy speaker and the majority and minority leaders, who are the primary spokesmen for their respective parties concerning Senate matters. Two other key Senate officers are the Democratic and Republican caucus chairs, who preside over meetings of their political parties to consider and formulate party policy.

The Senate has certain powers and obligations that are different from those of the House of Representatives. The Senate is given the power to try impeachment proceedings initiated by the House. Any officer of the state may be impeached, but two-thirds of the Senate must concur before removal from office occurs.

Political makeup of the Senate of the 106th General Assembly is 19 Republicans and 14 Democrats.

Source:  Tennessee General Assembly.

 

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