§ 29-38-101 Short title
§ 29-38-102 Purpose
§ 29-38-103 Legislative findings
§ 29-38-104 Chapter definitions
§ 29-38-105 Liability for participation in the illegal drug market — Exception for law enforcement in official investigations
§ 29-38-106 Persons allowed to bring an action for damages — Persons against whom damages may be sought — What damages may be sought
§ 29-38-107 Actions by individual drug users — Actions against distributors — What damages may be sought
§ 29-38-108 Third-party payment on behalf of an insured prohibited
§ 29-38-109 Target communities for different offense levels
§ 29-38-110 Joinder
§ 29-38-111 Comparative fault
§ 29-38-112 Right of action for contribution
§ 29-38-113 Burden of proof — Estoppel of persons convicted under drug laws to deny participation in illegal drug market — Lack of criminal drug conviction no bar to action
§ 29-38-114 Ex parte prejudgment attachment order — Exemption of property from process — Forfeiture
§ 29-38-115 Limitation of actions
§ 29-38-116 Representation by prosecuting attorney — Motion for stay of action during drug investigation or prosecution

Terms Used In Tennessee Code > Title 29 > Chapter 38

  • assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • contract: A legal written agreement that becomes binding when signed.
  • conviction: A judgement of guilt against a criminal defendant.
  • corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Individual drug user: means the individual whose illegal drug use is the basis of an action brought under this chapter. See Tennessee Code 29-38-104
  • liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Period of illegal drug use: means , in relation to the individual user, the time of the individual's first use of an illegal drug to the accrual of the cause of action. See Tennessee Code 29-38-104
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • 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
  • Place of illegal drug activity: means , in relation to the individual drug user, each state house of representatives legislative district in which the individual possesses or uses an illegal drug, or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence. See Tennessee Code 29-38-104
  • Place of participation: means , in relation to a defendant in an action brought under this chapter, each state house of representatives legislative district in which the person participates in the illegal drug market, or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal market. See Tennessee Code 29-38-104
  • plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • 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
  • statute: A law passed by a legislature.
  • statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.