(a) Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence.

Terms Used In Tennessee Code 29-38-113

  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Illegal drug: means a drug, the distribution of which is a violation of state law. See Tennessee Code 29-38-104
  • Illegal drug market: means the support system of illegal drug related operations, from production to retail sales, through which an illegal drug reaches the user. See Tennessee Code 29-38-104
  • Person: means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country. See Tennessee Code 29-38-104
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) A person against whom recovery is sought, who has a criminal conviction pursuant to state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, 84 Stat. 1236, codified at 21 U.S.C. § 801 et seq., is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person’s participation in the illegal drug market during the two (2) years preceding the date of an act giving rise to a conviction.
(c) The absence of a criminal drug conviction of a person against whom recovery is sought does not bar an action against that person.
  Previous section
Next section  
 Chapter 38 Contents