Tennessee Criminal Forms - Tennessee Criminal Law

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Tennessee Criminal Form Categories Tennessee Legal Criminal

FAQ Tennessee Criminal Forms

What is criminal law? 

Criminal law is the body of law which covers crimes and criminal actions. It encompasses three different fields: substantive criminal law, criminal procedure and the special problems in administration and enforcement of criminal justice. However, the phrase criminal law as it is commonly used includes only substantive criminal law. Substantive criminal laws define particular crimes. In contrast, criminal procedure describes the process through which the criminal laws are enforced or it establishes rules for the prosecution of crime. For example, the law prohibiting murder is a substantive criminal law. The manner in which government enforces this substantive law through the gathering of evidence and prosecution is generally considered a procedural matter.

In criminal law, punishment is allowed due to the wrongful intent involved in the crime. A punishment, such as incarceration, seeks to give any victim involved retribution against the offender, deter the criminal from future criminal acts, and hopefully rehabilitate the offender. This is distinguished from civil law, which seeks to compensate the injured party rather than punish the wrongdoer.

What is a criminal action? 

A criminal action is an action instituted by the government to punish offenses against the public. A state or federal prosecutor can institute an action against an individual or group of individuals for violating state or federal criminal laws. Such actions are brought on behalf of society as a whole. The main part of a criminal action is the trial where innocence or guilt of accused is determined. If the accused is found guilty, a fine, imprisonment or even a death sentence may be imposed. The punishment depends upon the punishment provided in the statute under which the accused is prosecuted.

Certain types of claims are governed by a separate set of procedural rules. For example, bankruptcy claims are governed by Federal Rules of Bankruptcy Procedure, and appeals are governed by state or federal rules of appellate procedure. Specific courts may also have their own set of local court rules which must be followed, in addition to the applicable state or federal rules. The clerk of courts at a particular court may be asked to direct you to the local court rules.


Tennessee Eviction Notices by Type

In Tennessee, there are different types of eviction notices that landlords can use to remove tenants from their properties. The most common types are the Pay or Quit notice and the Cure or Quit notice. A Pay or Quit notice is given when the tenant fails to pay their rent on time. It states that the tenant must either pay the overdue rent within a specified time or vacate the premises. On the other hand, a Cure or Quit notice is issued when the tenant violates the terms of the lease, such as causing damage to the property or engaging in illegal activities. This notice gives the tenant a chance to correct the issue or move out. These eviction notices are important tools for landlords to legally regain possession of their property in Tennessee.


What is the Eviction Process in Tennessee?

The eviction process in Tennessee is the legal procedure landlords use to remove tenants who have failed to pay rent or violated the terms of their lease. Firstly, the landlord must provide the tenant with a written notice, known as a "notice to quit," informing them of the reason for eviction and giving them a specific amount of time to comply or vacate the premises. If the tenant still refuses to leave, the landlord can file an eviction lawsuit in court. Both parties will have the opportunity to present their side of the case, and if the judge rules in favor of the landlord, a writ of possession may be issued, allowing the sheriff to forcibly remove the tenant if necessary. It is important for both landlords and tenants to understand their rights and obligations during the eviction process in Tennessee.


Related Tennessee Court Forms

In Tennessee, there are various court forms that are related to legal matters. These forms are used by individuals who need to file documents or submit requests to the court. They come in handy for different situations, such as divorce, child custody, eviction, and even small claims cases. These court forms are designed to help individuals navigate the legal system and ensure that all necessary information is provided in a clear and organized manner. By using these forms, people can present their cases effectively and meet the requirements set by the Tennessee court system.


Eviction Information for Tennessee Landlords and Tenants

Eviction information for landlords and tenants in Tennessee is important to know and understand. In Tennessee, landlords must follow specific procedures when evicting tenants, and tenants have certain rights and protections. If a tenant is behind on rent or violates the terms of the lease, the landlord must provide a written notice to the tenant before starting the eviction process. The notice should clearly state the reason for eviction and give the tenant a specific amount of time to rectify the situation or move out. If the tenant fails to comply, the landlord can file an eviction lawsuit with the court. It is essential for both landlords and tenants to be aware of these rules to ensure a fair and lawful eviction process in Tennessee.