Hearings

Once a person files a lawsuit, a hearing or set of hearings ordinarily follows.  However, the term hearing conveys different meanings, depending on the context.  A hearing may present a party’s chance to present or defend a motion in his, her, or its case.  A trial is a hearing on the merits of a lawsuit…

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Perry A. Craft Settles Two Lawsuits against Colleges on Behalf of His Clients

In the previous weeks, Perry A. Craft settled two lawsuits against institutions of higher learning. The suits asserted that the colleges had discriminated against students, questioned the process for dismissals, or raised issues with the honor code processor. In a separate matter, at a yet different college, students were accused of violating the honor code.…

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Perry A. Craft Speaks at Multiple Conferences

Perry A. Craft was invited to speak at a program for lawyers and business professionals in Nashville, Tennessee. Mr. Craft accepted the invitation, and on December 19, 2018, he gave two presentations. He first spoke about principles governing, and pitfalls related to, contracts; he then delivered a speech about the law relating to covenants not…

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Defenses to RICO Charges

“RICO” is an abbreviation for the Racketeer Influenced and Corrupt Organizations Act. The original purpose of the law, enacted in 1970, was to prosecute the Mafia, a then highly organized Italian-American criminal society. Prosecutors however have broadly used RICO to prosecute organized crime at its roots, with the goal of shutting down entire criminal organizations,…

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Honor Codes and Honor Code Violations

Colleges and universities often have honor codes. These honor codes typically require students not to give or receive aid on tests, exams, papers, or assignments – or in other words, not to cheat. They may carry other requirements regarding student conduct or behavior. The honor code is typically explained when a student starts college, and…

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How Do Jury Challenges Work in Tennessee Criminal Cases?

Jury selection is one of the most important parts of any criminal case. Criminal defense lawyers fight to include jurors who will not automatically assume the police officer is credible and that the State or government witnesses must be telling the truth. The Judge instructs the jury that any reasonable doubt means they must vote…

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Undocumented Sponsors of Immigrant Children Are Being Arrested by ICE

The immigration concerns for undocumented immigrants are now extending to sponsors for undocumented children. According to Vice News, Matthew Albence, an official for the Immigration and Customs Enforcement (ICE), stated recently that there is a new joint memo between ICE and the US Department of Health and Human Services. That memo is an agreement, backed…

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Student Disciplinary Hearing Authority

Schools in the state of Tennessee and elsewhere have rules and policies. When a student breaks said rules or policies, he or she faces consequences such as suspension and/or expulsion from school. There are procedures governing disciplinary actions imposed upon students, and part of those procedures is a Student Disciplinary Hearing Authority (SDHA), sometimes called…

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What Happens at a Trial?

How long a trial lasts differs from trial to trial. However, all trials follow this process: Jury selection (if a jury is involved), opening statements, the plaintiff’s proof, direct examination, cross examination, the defendant’s proof, closing statements, jury instruction (if a jury is involved), and the jury’s verdict or the judge’s ruling. Unless a trial…

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Common Defenses in Drug Possession Cases

If you are charged with drug possession, the government has the burden of proving you were in possession of drugs beyond a reasonable doubt. The defendant does not have to prove he/she was not in possession of the illegal drugs. Anyone charged with possession of illegal narcotics has the right to hold the government to…

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