Defenses Against a Contract

A contract is an agreement between two or more parties, whether an individual, a business, a government or non-profit. Contracts set forth the terms and conditions of a deal. Contracts are often written by one party and then signed by the other without considering the consequences of entering into it. Courts usually enforce contracts as…

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Due Process Hearings after IEP Meetings

In the state of Tennessee, the law recognizes that students with disabilities are unique; no one is the same. As a result, an Individualized Education Program (IEP) is supposed to ensure that each student with a disability has support, assistance, and much more that best suit his or her needs; one-fits-all programs and policies regarding…

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Perjury

You always should and must tell the truth when you appear in a courtroom. Otherwise, our system of justice does not work, and a lie you tell may be considered perjury. When you take the witness stand and give testimony in a courtroom, you take an oath and swear to tell the truth – nothing,…

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Jury Trials

Unlike in some countries, you cannot be declared guilty, imprisoned, or executed without a trial. In the State of Tennessee and elsewhere in the United States, you have the right to due process and the right to a jury trial. Also known as trials by jury, jury trials are trials or judicial proceedings presented before…

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Preparing to Testify in Court

Cases often are won or lost based on the testimony of the parties involved or their witnesses.  Though no one can change the facts, a party or a witness is more persuasive when he or she understands the questions, answers them truthfully, speaks clearly, maintains self-control, does not get rattled, and acts respectfully. To prepare…

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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 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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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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Read Documents before You Sign Them

Oral agreements may work in some situations – often more informal situations – and may have worked in the past, but you should read written documents you receive from the other party before you sign them. You also should understand the agreement that you are entering before you sign written documents. Written documents always are…

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Show Up for Court

In Tennessee, General Sessions Court is the small claims court.  General Sessions Courts hear civil cases and are usually the first court where a criminal defendant appears.  A civil case is a lawsuit about money, evictions, and the like.  A criminal case can lead to jail time or fines.  There is a General Sessions Court…

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