Terms Used In Tennessee Code > Title 40 > Chapter 11 - Bail

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means the wildlife resources agency. See Tennessee Code 69-9-204
• 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.
• Anchored: means held in place in the water by an anchor. See Tennessee Code 69-9-204
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• 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.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Board: means the board of directors of a watershed district. See Tennessee Code 69-6-102
• Board: means the board of ground water management. See Tennessee Code 69-10-101
• Board: means the board of water quality, oil and gas established pursuant to §. See Tennessee Code 69-7-303
• Boat: means any vessel:
  (A) Manufactured or used primarily for noncommercial use. See Tennessee Code 69-9-204
• bondsman: extends to and includes the agents, representatives or employees of a professional bondsman, or those acting for the bondsman, whether with or without compensation or salary. See Tennessee Code 40-11-301
• Chambers: A judge's office.
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• 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
• Commission: means the fish and wildlife commission. See Tennessee Code 69-9-204
• Commissioner: means the commissioner of environment and conservation, the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of environment and conservation. See Tennessee Code 69-10-101
• Commissioner: means the commissioner of environment and conservation, the commissioner's duly authorized representatives, and in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 69-11-102
• Commissioner: means the commissioner of environment and conservation, the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of environment and conservation. See Tennessee Code 69-7-303
• 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.
• 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.
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• Dam: means any artificial barrier, together with appurtenant works, that does or may impound or divert water, and that either:
  (A) Is or will be twenty feet (20') or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the commissioner. See Tennessee Code 69-11-102
• Days: means calendar days, including Sundays and holidays. See Tennessee Code 69-11-102
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of environment and conservation. See Tennessee Code 69-10-101
• 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.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• District: means a watershed district for which organization is proposed or which has been granted under this chapter. See Tennessee Code 69-6-102
• Diver: means any person who is wholly or partially submerged in the waters of the state and who is equipped with a face mask and snorkel or underwater breathing apparatus. See Tennessee Code 69-9-204
• Divers-down flag: means a free-flying flag, red in color, with a white diagonal stripe that begins at the top staff-side corner of the flag and extends to the lower opposite corner. See Tennessee Code 69-9-204
• Division: means the division of water management of the department of environment and conservation. See Tennessee Code 69-11-102
• Dower: A widow
• Drill: means to dig, drill, redrill, construct, deepen or alter a well. See Tennessee Code 69-10-101
• Enlargement: means any change in, or addition to, an existing dam or reservoir, that does or may raise the water storage elevation of the dam. See Tennessee Code 69-11-102
• 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.
• Ex officio: Literally, by virtue of one's office.
• Executive director: means the executive director of the wildlife resources agency. See Tennessee Code 69-9-204
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Farm pond: means any impoundment used only for providing water for agricultural and domestic purposes for the owner or occupant of the farm, the owner's or occupant's family, and invited guests, such as livestock and poultry watering, irrigation of crops, recreation, and conservation, but does not include any impoundment for which the water, or privileges or products of the water, are available to the general public. See Tennessee Code 69-11-102
• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fueling: means any stage of the fueling operation. See Tennessee Code 69-9-204
• Geothermal well: means a hole drilled into the earth, by boring or otherwise, greater than twenty feet (20') in depth constructed for the primary purpose of adding or removing British Thermal Units (BTUs) from the earth for heating or cooling. See Tennessee Code 69-10-101
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• 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.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• 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}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Installer: means any person who installs or repairs well pumps or who installs filters and water treatment devices. See Tennessee Code 69-10-101
• 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.
• Land: means "real property" as defined by the laws of this state and includes, but is not limited to, easements, water rights, or any other interest in real property. See Tennessee Code 69-6-102
• Landowner: means any person owning any interest in land located in a district, including tenants in common, tenants by the entireties, joint tenants, life tenants, owners of dower or curtesy rights, vested beneficiaries of the remainder interests, and the holders of leasehold interests of more than three (3) years' duration. See Tennessee Code 69-6-102
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
• Log: means a record of the consolidated or unconsolidated formation penetrated in the drilling of a well, and includes general information concerning construction of a well. See Tennessee Code 69-10-101
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Monitoring well: means a hole drilled into the earth, by boring or otherwise, constructed for the primary purpose of obtaining information on the elevation or physical, chemical, radiological or biological characteristics of the ground water or for the recovery of ground water for treatment, or both. See Tennessee Code 69-10-101
• Month: means a calendar month. See Tennessee Code 1-3-105
• Mooring: means the act of making fast or securing a boat with lines or anchors, and may also include the place where a boat is secured or made fast. See Tennessee Code 69-9-204
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motorboat: means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion. See Tennessee Code 69-9-204
• Numbered vessel: means an undocumented vessel that is subject to issue or has been issued a certificate of number by the state. See Tennessee Code 69-9-204
• nursery stock: means all trees, shrubs, or other plants, or parts of such trees, shrubs or other plants, grown or kept for, or capable of, propagation, distribution or sale on a commercial basis. See Tennessee Code 1-3-105
• 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.
• Operate: means to navigate, be in physical control of, or otherwise use a motorboat or a vessel. See Tennessee Code 69-9-204
• Operator: means the person who operates or has charge of the navigation or use of a motorboat or vessel. See Tennessee Code 69-9-204
• Owner: means any person who owns an interest in, controls, or operates a dam. See Tennessee Code 69-11-102
• Owner: includes a person entitled to the use or possession of a motorboat or vessel subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but "owner" excludes a lessee under a lease not intended as security. See Tennessee Code 69-9-204
• 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.
• Person: means an individual, partnership, firm, corporation, association, or other entity. See Tennessee Code 69-9-204
• Person: means any person, firm, partnership, association or corporation. See Tennessee Code 69-6-102
• Person: means any individual, organization, group, association, partnership, corporation, limited liability company, utility district, state or local government agency or any combination of them. See Tennessee Code 69-10-101
• Person: means any individual, firm, association, organization, partnership, business trust corporation, company, county, municipal or quasi-municipal corporation, public utility, utility or other district, the state of Tennessee and its departments, divisions, institutions, and agencies, and the duly authorized officers, agents, and representatives thereof, or any combination of any of the above. See Tennessee Code 69-11-102
• Person: means any individual, corporation, company, limited liability company, partnership, association, group, utility district, federal, state or local government agency, or any combination of them. See Tennessee Code 69-7-303
• Personal property: All property that is not real property.
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
• personal watercraft: means a mechanically propelled vessel that is designed to be operated by a person sitting, standing or kneeling on the vessel rather than being operated in a conventional manner by a person sitting, standing, or kneeling inside the vessel. See Tennessee Code 69-9-501
• Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Professional bondsman: means any person, firm, partnership or corporation, engaged for profit in the business of furnishing bail, making bonds or entering into undertakings, as surety, in criminal proceedings, or for the appearance of persons charged with any criminal offense or violation of law or ordinance punishable by fine, imprisonment or death, before any of the courts of this state, including municipal courts or securing the payment of fines, judgments or damages imposed and of costs assessed by those courts upon preliminary or final disposition thereof. See Tennessee Code 40-11-301
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Publication: means the publication in a newspaper or newspapers admitted to the United States mail as second-class matter, of general circulation within the watershed district. See Tennessee Code 69-6-102
• Quorum: The number of legislators that must be present to do business.
• 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
• Registration: means satisfying the requirements for registration prescribed by the commission. See Tennessee Code 69-9-204
• 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
• Reservoir: means any basin that contains or will contain the water impounded by a dam. See Tennessee Code 69-11-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restricted visibility: means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms or any other similar causes. See Tennessee Code 69-9-204
• Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Rules of the road: means statutory and regulatory rules governing navigation of vessels. See Tennessee Code 69-9-204
• Serious injury: means an injury that requires, or should have required, medical treatment by a physician beyond first aid. See Tennessee Code 69-9-204
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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
• Source: means a location where surface or ground water is available, including, but not limited to, a water well, cave, spring, stream, river, lake, or impoundment. See Tennessee Code 69-7-303
• State of principal use: means the state on whose waters a vessel is used, whether moored or underway, or to be used most during a calendar year. See Tennessee Code 69-9-204
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Trustee: A person or institution holding and administering property in trust.
• Underwater breathing apparatus: means any apparatus, whether self-contained or connected to a distant source of air or gas, whereby a person wholly or partially submerged in the water is enabled to obtain air or other gases for breathing without returning to the surface of the water. See Tennessee Code 69-9-204
• Underway: means a vessel that is not anchored, moored or aground. See Tennessee Code 69-9-204
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Use: means to operate, navigate or employ. See Tennessee Code 69-9-204
• Venue: The geographical location in which a case is tried.
• Vessel: means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Tennessee Code 69-9-204
• Voter: means any landowner of the district who is more than eighteen (18) years of age and who is sui juris. See Tennessee Code 69-6-102
• Wakeboarding: means :
  (A) To use a board with or without foot bindings on which a rider is towed by a motorboat across a wake. See Tennessee Code 69-9-204
• Wakesurfing: means :
  (A) To surf a motorboat's wake, regardless of whether the person is being pulled by a tow rope attached to the motorboat that is producing the wake. See Tennessee Code 69-9-204
• Water: means that liquid, including solids or other matter dissolved or suspended in the liquid, that is or will be impounded. See Tennessee Code 69-11-102
• Water storage elevation: means the maximum elevation of water surface that can be obtained by the dam or reservoir. See Tennessee Code 69-11-102
• Water well: means a hole drilled into the earth, by boring or otherwise, for the production of water. See Tennessee Code 69-10-101
• Well: means one of these three (3) types of holes in the earth: a geothermal well, a monitoring well, or a water well. See Tennessee Code 69-10-101
• Well owner: means the person who owns the real property on which a well exists or is to be drilled. See Tennessee Code 69-10-101
• Withdraw: means to take water from any source on a regular or recurring basis by means of an intake structure, pipe and pump that diverts water away from a source, or by any other conveyance with or without the use of suction. See Tennessee Code 69-7-303
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• 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