Focus on the Law: Servicemembers Civil Relief Act

Replacing previous federal law known as the Soldiers’ and Sailors’ Civil Relief Act, the Servicemembers Civil Relief Act (SCRA) primarily expands protections for active duty members of the armed forces.   Found in the Appendix of Title 50 of the United States Code, Sections 501-596, the law protects members of the uniformed services (Army, Navy, Air […]

Focus on the Law: Injunctions

By Sharon Frankenberg, Attorney at Law Injunctions are orders made by a court to protect individuals from specific harm.  Under   Tennessee law, the Chancery Court has historically been the court of equity, undertaking to prevent harm rather than punish the wrongdoer.    The statutes enacted by the state legislature and the interpretation of those statutes by […]

Focus on the Law: Unionization Of College Athletics

By Sharon Frankenberg, Attorney at Law Federal law, namely the National Labor Relations Act, passed by Congress in 1935 declares it is the “policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging […]

Nuisance

By Sharon Frankenberg, Attorney at Law Nuisance is the maintenance of a wrongful condition on a person’s own property over an unreasonable length of time which annoys or disturbs the free use of another’s property or which renders its ordinary use or physical occupation uncomfortable.  For example, in the case of Oakley v. Simmons, 799 […]

Focus on the Law: The death penalty in Tennessee

By Sharon Frankenberg, Attorney at Law When Tennessee became a state in 1796, its Constitution allowed capital punishment. As was the case in those times, this punishment was typically accomplished by hanging. Hangings often resulted in death by slow strangulation or even decapitation of the condemned. In 1913, due to a wave of abolitionist sentiment […]

Focus on the Law: Grandparents’ visitation rights

By Sharon Frankenberg, Attorney at Law The issue of grandparents’ visitation rights has been addressed by the United States Supreme Court in the case of Troxel v. Granville, 530 U.S. 57 (2000). In that case, an unmarried couple had two daughters. The couple’s relationship ended in 1991 and the father committed suicide in 1993. Until […]

Focus on the Law: Perjury

By Sharon Frankenberg, Attorney at Law Perjury is a crime categorized in Tennessee as an offense against the administration of government.  Legal proceedings rely on the statements of witnesses, both verbal and written.  The foundation of our legal system depends on trust and credibility.  Those who abuse that trust and get caught may find themselves […]

Focus on the law: State Income Tax

By Sharon Frankenberg, Attorney at Law You may have heard that one of the many reasons the Great State of Tennessee is an especially wonderful place in which to live and do business is because it does not have an income tax.  This is not completely accurate.  True, there is no tax on earned income […]

Living Trusts

By Sharon Frankenberg, Attorney at Law A trust is a right of property held by one party for the benefit of another. This can include real property as well as personal property. The trustee holds the title to the property for the benefit of another person, the designated beneficiary. The trustee has financial duties and […]

Reverse Mortgages

By Sharon Frankenberg, Attorney at Law If the homeowners are both 62 or older and have sufficient equity in their home, they may be eligible to apply for a reverse mortgage loan.  A reverse mortgage is very different from other types of mortgages. Unlike traditional mortgages where the loan must be repaid every month, no […]