TN Bar Tennessee Constitutional and Administrative Law

Question 1

The Tennessee Constitution provides for how many branches of state government?

Accepted Answer

Three (legislative, executive, and judicial)

Answer

The Tennessee Constitution establishes three branches of government: the General Assembly (legislative), the Governor (executive), and the courts (judicial).

Question 2

Tennessee's Governor may veto legislation, but the General Assembly may override a veto by a vote of:

Accepted Answer

Two-thirds of all members elected to each house

Answer

Article III, Section 18 of the Tennessee Constitution allows the General Assembly to override a gubernatorial veto by a majority of all members elected to each house (not just those present).

Question 3

Under the Tennessee Constitution, a judge of the Tennessee Supreme Court serves a term of:

Accepted Answer

8 years

Answer

Article VI, Section 3 of the Tennessee Constitution provides that Tennessee Supreme Court justices serve 8-year terms, subject to retention elections.

Question 4

Tennessee's Uniform Administrative Procedures Act (UAPA, T.C.A. § 4-5-101 et seq.) governs rulemaking and contested cases before:

Accepted Answer

State administrative agencies

Answer

The Tennessee UAPA provides procedural rules for rulemaking and contested case hearings before Tennessee state administrative agencies.

Question 5

Under the Tennessee UAPA, a final order in a contested case before a state agency may be appealed to:

Accepted Answer

The Chancery Court in the county where the agency is located or the affected party resides

Answer

Under T.C.A. § 4-5-322, judicial review of a final agency order in a contested case is initiated in the Chancery Court of Davidson County or the county where the petitioner resides.

TN Bar - Tennessee Bar Exam Practice Test

TN Bar - Tennessee Bar Exam Practice Test

TN Bar Tennessee Constitutional and Administrative Law