Terms Used In Tennessee Code > Title 29 > Chapter 5 - Arbitration

• Abusive conduct: means acts or omissions that would cause a reasonable person, based on the severity, nature, and frequency of the conduct, to believe that an employee was subject to an abusive work environment, such as:
  (A) Repeated verbal abuse in the workplace, including derogatory remarks, insults, and epithets. See Tennessee Code 50-1-502
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means any department, commission, board, office or other agency of the executive, legislative or judicial branch of state government. See Tennessee Code 50-1-502
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Any controversy within or related to the cotton industry: includes , but is not limited to, any controversy arising from, connected with, or in any way relating to the sale, purchase, pledge, hypothecation, or exchange of, or other transaction in cotton. See Tennessee Code 29-5-202
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Art supplies: means any raw or processed material or manufactured product marketed or being represented by the manufacturer or repackager as being suitable for use in the demonstration or the creation of any work of visual or graphic art of any medium. See Tennessee Code 49-50-1202
• Blended learning: means the combination of virtual learning with the integration of in-person teaching practices. See Tennessee Code 49-18-102
• Charter school: means a Tennessee public charter school authorized to operate under chapter 13 of this title. See Tennessee Code 49-18-102
• 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
• Commissioner: means the commissioner of labor and workforce development, or the commissioner's designee. See Tennessee Code 50-1-702
• Commissioner: means the commissioner of health, the commissioner's duly authorized representative, and in the event of the commissioner's absence or vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 68-14-302
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consortium: means the consortium for cooperative innovative education created under §. See Tennessee Code 49-15-102
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Council: means the twelve-member energy efficient schools council created by this chapter. See Tennessee Code 49-17-102
• Course access catalog: means a listing of providers that have been approved by the state board of education and a listing of courses offered by approved providers, which are available to participating students. See Tennessee Code 49-18-102
• Course access program: means the program created by this chapter. See Tennessee Code 49-18-102
• Court: means any court of competent jurisdiction of this state. See Tennessee Code 29-5-202
• court: means any court of competent jurisdiction of the state. See Tennessee Code 29-5-301
• Custodian: means the educational record practitioner and the administrator or other chief officer of an educational institution in this state and its proprietor, as well as their deputies and assistants, and any other persons who are official custodians or depositories of records. See Tennessee Code 49-50-1502
• 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.
• Department: means the department of education. See Tennessee Code 49-18-102
• Department: means the department of labor and workforce development, unless the context provides otherwise. See Tennessee Code 50-1-702
• Department of homeland security: means the United States department of homeland security, or the appropriate agency or division within such department, or any successor department, agency, or division thereto. See Tennessee Code 50-1-702
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Disciplinary action: means any direct or indirect form of discipline or penalty, including, but not limited to, dismissal, demotion, transfer, reassignment, suspension, reprimand, admonishment, reduction in force, withholding of work, unsatisfactory or below standard performance evaluation or the threat of such discipline or penalty. See Tennessee Code 49-50-1403
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• E-Verify program: means the federal electronic work authorization verification service provided by the department of homeland security pursuant to the federal Basic Pilot Program Extension and Expansion Act of 2003, Pub. See Tennessee Code 50-1-702
• Economic development incentive: means any grant, loan or performance-based incentive from any governmental entity. See Tennessee Code 50-1-702
• Educational institution: means a public, private or parochial school providing education to students in the twelfth grade or below or a public or private postsecondary institution providing education to students at a level above the twelfth grade. See Tennessee Code 49-50-1502
• Eligible student: means a student who has reached eighteen (18) years of age or is attending a postsecondary institution. See Tennessee Code 49-50-1502
• Eligible student: means any student who is enrolled in a Tennessee public school, including a charter school, in grades seven through twelve (7-12). See Tennessee Code 49-18-102
• Employee: means an employee of any county, metropolitan government, municipality, or other political subdivision of this state. See Tennessee Code 50-1-502
• Employee: means any individual for whom an employer must complete a Form I-9 pursuant to federal law and regulations, and does not include an independent contractor as defined by 8 U. See Tennessee Code 50-1-702
• Employer: means a private employer and a state or local governmental entity. See Tennessee Code 50-1-502
• Employer: means any person, corporation or other entity that employs at least fifty (50) but not more than ninety-nine (99) full-time employees at a workplace located within this state, and that is not excluded or exempt from the requirements of the Employment Security Law, compiled in chapter 7 of this title. See Tennessee Code 50-1-601
• Employer: means private employers and governmental entities. See Tennessee Code 50-1-702
• Energy audit: means any professional energy audit used to determine the energy efficiency of a structure that is performed by an energy auditor. See Tennessee Code 49-17-102
• Energy auditor: means any person approved to perform professional energy audits. See Tennessee Code 49-17-102
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Establisher: means an LEA. See Tennessee Code 49-16-203
• 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.
• Extended learning: means an out-of-classroom learning experience that provides a student with:
  (A) Enrichment opportunities outside of a classroom. See Tennessee Code 49-18-102
• farm products: means forage and sod crops. See Tennessee Code 1-3-105
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Forward crop contract: means a contract for the sale of a cotton crop or crops which have not been harvested at the time of execution of the contract if the cotton is to be produced by the seller or seller's agents, and if the obligation to deliver is excused upon seller's failure, after good faith effort, to produce the crop or crops sold. See Tennessee Code 29-5-202
• Fraud: Intentional deception resulting in injury to another.
• Governmental entity: means this state or any political subdivision which exercises governmental powers under the laws of this state and uses tax revenues. See Tennessee Code 50-1-702
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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.
• Harassment: means two (2) or more instances of contact serving no legitimate purpose directed at an employee, in connection with that person's status as an employee, that a reasonable person would consider alarming, threatening, intimidating, abusive, or emotionally distressing and that does or reasonably could interfere with the performance of the employee's duties. See Tennessee Code 50-1-502
• Hotel: means any building or establishment kept, used, or maintained as, or advertised as, or offered to the public to be, a place where sleeping accommodations are furnished for pay to transients or travelers, whether or not meals are served to transients or travelers. See Tennessee Code 68-14-302
• Imminent health hazard: means any condition, deficiency, or practice that, if not corrected, is very likely to result in illness, injury, or loss of life to any person. See Tennessee Code 68-14-302
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Internet access: means internet service that is installed and accessible at an employer's place of business. See Tennessee Code 50-1-702
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• License: means any certificate, approval, registration, or similar form of permission issued by a local government with respect to business licensure as described in title 67, chapter 4. See Tennessee Code 50-1-702
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• local board of education: means the board of education that manages and controls the respective local public school system. See Tennessee Code 49-1-103
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Minority leader: See Floor Leaders
• Month: means a calendar month. See Tennessee Code 1-3-105
• Nonemployee: means any individual, other than an employee, paid directly by the employer in exchange for the individual's labor or services. See Tennessee Code 50-1-702
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office of postsecondary coordination and alignment: means the office of postsecondary coordination and alignment in the division of career and technical education in the department of education. See Tennessee Code 49-15-102
• Parent: means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian. See Tennessee Code 49-50-1502
• Participating student: means any eligible student enrolled in a course access program course through a host LEA. See Tennessee Code 49-18-102
• 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.
• Payback period: means the time within which the cost savings realized by incorporating energy efficient technologies equals the initial cost of the technology employed. See Tennessee Code 49-17-102
• Person: means an individual, corporation, partnership, or other legal entity. See Tennessee Code 50-1-702
• Person: means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the federal government and its agencies and departments. See Tennessee Code 68-14-302
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• persons: includes members of the local board of education, the director of the school system, supervisors, principals and other individual school system employees. See Tennessee Code 49-50-1403
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Private employer: means any person who is required by federal law and regulations to report, for any purpose, remuneration paid to at least six (6) employees. See Tennessee Code 50-1-702
• private pension and retirement plan: means any plan not covered by the federal employee retirement income security program, the Tennessee consolidated retirement system, or any other governmentally regulated pension and retirement fund. See Tennessee Code 50-1-401
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• provider: means a business, industry, educator, nonprofit entity, for-profit entity, trade association, branch of the United States armed forces, LEA, charter school, charter management organization, institution of higher education, or state agency that is approved by the state board to offer individual courses in person or online and that is included in the listing of providers in the course access catalog. See Tennessee Code 49-18-102
• Public swimming pools: means a structure of man-made materials, located either indoors or outdoors, used for bathing or swimming, or for instructional purposes in swimming, diving, or other aquatic activities by humans, together with buildings, appurtenances, and equipment used in connection with the structure. See Tennessee Code 68-14-302
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Reduction in operations: means :
  (A) The closure of a workplace, or a portion of the operations in the workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period. See Tennessee Code 50-1-601
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• State: means the state of Tennessee. See Tennessee Code 8-34-101
• 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
• State board: means the state board of education. See Tennessee Code 49-18-102
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• Sustainable building design: means designing facilities using a strategy that takes into account approaches that benefit the environment and quality of life of a community. See Tennessee Code 49-17-102
• Testify: Answer questions in court.
• 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.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Virtual school: means a public school in which the school uses technology in order to deliver a significant portion of instruction to its students via the internet in a virtual or remote setting. See Tennessee Code 49-16-203
• Workplace: means a factory, plant, office or other facility where employees produce goods or provide services. See Tennessee Code 50-1-601
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105