Terms Used In Tennessee Code > Title 40 > Chapter 11 > Part 2 - Forfeiture of Bail

• Agency: means the primary agency within the state that has statutory authority to manage wildlife populations. See Tennessee Code 70-8-103
• Agency: means the wildlife resources agency. See Tennessee Code 70-1-101
• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• 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.
• 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 Tennessee fish and wildlife commission, and "commissioner" means a member of the fish and wildlife commission. See Tennessee Code 70-1-101
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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.
• Devise: To gift property by will.
• Donor: The person who makes a gift.
• Ecosystem: means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life. See Tennessee Code 70-8-103
• Endangered species: means :
  (A) Any species or subspecies of wildlife whose prospects of survival or recruitment within the state are in jeopardy or are likely within the foreseeable future to become so due to any of the following factors:

  (i) The destruction, drastic modification, or severe curtailment of its habitat. See Tennessee Code 70-8-103
• 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.
• Executive director: means the director of the state agency that has statutory authority to manage wildlife populations. See Tennessee Code 70-8-103
• Executive director: means the executive director of the wildlife resources agency. See Tennessee Code 70-1-101
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fish: means all species of trout, salmon, walleye, northern pike, bass, crappie, bluegill, catfish, perch, sunfish, drum, carp, sucker, shad, minnow, and such other species of fish that are presently found in the state or may be introduced or transplanted into this state for consumptive or nonconsumptive use. See Tennessee Code 70-1-101
• Fishing: means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort. See Tennessee Code 70-1-101
• Game birds: means all species of grouse, pheasant, woodcock, wilson snipe, crow, quail, waterfowl, gallinules, rails, mourning dove, and all species of birds that may be introduced into this state for hunting. See Tennessee Code 70-1-101
• 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,
• 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.
• Hunting: means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, searching for, trapping, shooting at, stalking, or lying in wait for, any wildlife, whether or not such wildlife is then or subsequently captured, killed, taken, or wounded and every act of assistance to any other person, but "hunting" does not include stalking, attracting, searching for, or lying in wait for, wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures of wildlife. See Tennessee Code 70-1-101
• Inherent risks of whitewater activities: means those dangers or conditions that are an integral part of whitewater activities, including, but not limited to:
  (A) Water. See Tennessee Code 70-7-201
• 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.
• Landowner: includes any governmental entity. See Tennessee Code 70-7-101
• 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}
• Management: includes the entire range of activities that constitute a modern scientific resource program, including, but not limited to, research, census, law enforcement, habitat acquisition and improvement, and education. See Tennessee Code 70-8-103
• Month: means a calendar month. See Tennessee Code 1-3-105
• Motor vehicle: means any self-propelled vehicle, and any vehicle propelled or drawn by a self-propelled vehicle, wherever operated, but does not include any vessel. See Tennessee Code 70-1-101
• Optimum carrying capacity: means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function. See Tennessee Code 70-8-103
• Participant: means any person who engages in a whitewater activity. See Tennessee Code 70-7-201
• 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 any individual, corporation, association or partnership. See Tennessee Code 70-8-103
• Person: means an individual, association, partnership, or corporation. See Tennessee Code 70-1-101
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Possession: means both actual and constructive possession, and any control of the object or objects referred to. See Tennessee Code 70-1-101
• premises: includes real property, waters, private ways, trees and any building or structure located on the land or premises, owned by any governmental entity, including, but not limited to, the Tennessee valley authority. See Tennessee Code 70-7-101
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• 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.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• 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
• Sell: includes the offering or possessing for sale, bartering, exchanging or trading. See Tennessee Code 70-1-101
• sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. 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: 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
• Statute: A law passed by a legislature.
• Take: means to harass, hunt, capture, or kill, or to attempt to harass, hunt, capture, or kill wildlife. See Tennessee Code 70-8-103
• Threatened: means any species or subspecies of wildlife that is likely to become an endangered species within the foreseeable future. See Tennessee Code 70-8-103
• Transport: means to carry or convey from one place to another, and includes an offer to transport, or receipt or possession for transportation. See Tennessee Code 70-1-101
• Trapping: means taking, killing, and capturing wildlife by the use of any trap, snare, deadfall, or other device commonly used to capture wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting, or staking such traps, snares, deadfalls, and other devices, whether or not such acts result in taking of wildlife, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, snares, deadfalls, or other devices. See Tennessee Code 70-1-101
• 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.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Watchable wildlife: is a ny species or subspecies that is defined in this section as nongame, endangered, threatened or wildlife in need of management. See Tennessee Code 70-8-103
• Whitewater: means rapidly moving water. See Tennessee Code 70-7-201
• Whitewater activity: means navigation on rapidly moving water in a watercraft. See Tennessee Code 70-7-201
• Whitewater professional: means a person, corporation, LLC, partnership, natural person or any other entity engaged for compensation in whitewater activity. See Tennessee Code 70-7-201
• Wild bird: means all game birds, nongame birds, and raptors. See Tennessee Code 70-1-101
• Wildlife: means wild vertebrates, mollusks, crustaceans, and fish. See Tennessee Code 70-1-101
• Wildlife management area: means a specific land or water area, or both, that is established for the intensive management of both habitat and wildlife species for optimum enhancement and use by both consumptive and nonconsumptive users. See Tennessee Code 70-1-101
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• 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