Tennessee Constitutional and Administrative Law Flashcards
6 cards from real TN BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Tennessee Constitutional and Administrative Law flashcards as text
Tennessee's Government Tort Liability Act (GTLA, T.C.A. § 29-20-101 et seq.) waives governmental immunity for local governments in cases involving:
Answer: Negligent acts of employees within the scope of employment for specified functions
The Tennessee GTLA waives municipal and county immunity for injuries arising from negligent acts of employees within the scope of their employment for specified governmental functions, with certain exceptions.
Under Tennessee's GTLA, governmental immunity is retained (not waived) for which type of acts?
Answer: Discretionary functions involving policy-level decisions
The GTLA retains governmental immunity for discretionary functions — policy-level decisions — as opposed to ministerial acts, for which immunity is waived.
Article I, Section 8 of the Tennessee Constitution provides due process protections. In Tennessee administrative proceedings, due process generally requires at minimum:
Answer: Notice and an opportunity to be heard
Tennessee due process in administrative proceedings requires, at minimum, adequate notice and a meaningful opportunity to be heard before adverse government action.
Under the Tennessee Open Meetings Act (T.C.A. § 8-44-101 et seq.), deliberations and decisions by governmental bodies must generally occur:
Answer: In open meetings accessible to the public
Tennessee's Open Meetings Act (Sunshine Law) requires that meetings of governmental bodies at which official business is transacted be open to the public.
The Tennessee General Assembly consists of:
Answer: A Senate of 33 members and a House of 99 members
The Tennessee General Assembly has a Senate of 33 members serving 4-year terms and a House of Representatives with 99 members serving 2-year terms.
Under Tennessee constitutional law, Article XI, Section 8 of the Tennessee Constitution prohibits the General Assembly from passing laws that:
Answer: Grant privileges or immunities to individuals or corporations not equally applicable to all persons
Article XI, Section 8 of the Tennessee Constitution prohibits special legislation granting privileges or immunities to any individual, association, or corporation that are not equally available to all persons similarly situated.
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