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Clarksville Tennessee Legal Blog

Deciding whether to appeal a court decision

If you have been through a lawsuit, but you are unhappy with the judgment made, you may not know what action to take going forward. It is likely that you will be feeling as though you have no way to gain a successful outcome, but there may be options available to you.

Making an appeal is a potential option if you are not satisfied with the way that the trial court applied the law. However, there are certain situations when it may not be a good idea to go through the appeals process.

Understanding civil rights and discrimination

As a person in the United States, you are protected by civil rights laws. These laws are in place at a federal level, meaning that they are enforced in all states. Civil rights laws provide protection from certain types of discrimination. If you believe that you have been discriminated against in the state of Tennessee, it is important that you take the time to understand how the law works.

Civil law protects people from discrimination only in certain environments. These environments include employment and education, housing rentals and purchases, government benefits, transportation services, commercial environments and medical services.

How will property be divided in a Tennessee divorce?

If you are in the process of filing for a divorce in the state of Tennessee, you may be worried about how the assets will be divided. Unfortunately, many divorcing couples struggle financially in the aftermath of a divorce, because they have to maintain a home and a family lifestyle with one income instead of two.

The process of property division in the state of Tennessee aims to devise a solution that is fair for all. In order to do this, they follow the legal theory of equitable distribution. This means that instead of blindly splitting marital property equally at the point of divorce, a decision is brought about after assessing factors such as income, financial responsibilities, and contributions to the marriage.

What to consider before taking a complaint to trial

The prospect of fighting out an issue in court is intimidating for most people; and that’s understandable. The average person is not used to going to court, working in legal jargon or being spoken to by an attorney. Fortunately, court is not always required. In many instances a complaint can be settled via mediation.

In mediation, the parties involved meet with a neutral third party – the mediator – and try to resolve their problem through negotiation. The mediator is there purely to facilitate productive discussion. They are not a judge and they do not advocate for one side or the other.

Understanding the different types of war crimes

If you have served on active duty as a member of the military in the state of Tennessee, you have done a duty to your country. Therefore, if you become accused of committing a war crime on your return, you may feel in a state of shock. Being on active duty can be traumatic and can lead to a distorted view of reality, leading you to take actions that you never would have taken if you were partaking in your normal daily routines.

If you have been accused of a war offense in the state of Tennessee, it is important that you equip yourself with information about the law. There are many possible defenses to these accusations; therefore, you should never lose hope.

Choose your appellate attorney carefully

There's a tremendous misunderstanding about what it means to appeal a legal verdict after a trial. That misunderstanding can lead litigants to make some grave errors that could affect their future for a long time.

When you appeal a verdict, it is not the same thing as a new trial. That may be the biggest misconception about appeals in general. An appeal may open the door that could lead to a retrial or a rehearing of certain pieces of evidence that were used at trial, but that comes after a successful appellate effort -- not before.

Thanksgiving Eve known for drunk driving

It has become one of the biggest drinking nights of the year. No, not Halloween or the Fourth of July, but the night before Thanksgiving. 

Perhaps it is because families are reunited, or because young people are home from college, or because of the many drink specials promoted by bars. Whatever the reason, Thanksgiving Eve has proven itself to be an unofficial holiday that's officially linked to drunk driving.

Do VA disability benefits get divided in divorce?

No, unlike military retirement pay, VA Disability Compensation cannot be divided during a divorce. This is made clear in the Uniformed Services Former Spouses' Protection Act. VA disability benefits are treated differently from military retirement benefits, which can be divided during a divorce.

While that seems like a simple enough answer, there is still a lot of confusion around how VA disability benefits are treated in a divorce.

Is there DNA evidence against you? Don't give up hope just yet

Thanks to true-crime television shows and forensic dramas, the American public is largely familiar with the use of DNA evidence in criminal cases.

What they don't necessarily know, however, is that DNA evidence isn't actually the "cincher" in a criminal case. In fact, the best use of DNA evidence may be ruling out someone's involvement in a crime -- not proof of guilt.

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The Law Office of Gregory D. Smith

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