Terms Used In Tennessee Code > Title 9 > Chapter 21 - Local Government Public Obligations Act of 1986

• Abandonment: means the knowing desertion or forsaking of an elderly or vulnerable adult by a caregiver under circumstances in which there is a reasonable likelihood that physical harm could occur. See Tennessee Code 39-15-501
• Abuse: means the infliction of physical harm. See Tennessee Code 39-15-501
• Acceptable form of identification: means :
  (A) A state-issued driver license. See Tennessee Code 39-17-1802
• Access: means to approach, instruct, communicate, or connect with, store data in, retrieve or intercept data from, or otherwise make use of any resources of a computer, computer system, or computer network, or information exchanged from any communication between computers or authorized computer users and electronic, electromagnetic, electrochemical, acoustic, mechanical, or other means. See Tennessee Code 39-14-601
• account: means a trust or custodian established pursuant to a health savings account program exclusively to pay the qualified medical expenses of an eligible individual or the individual's dependents, but only if the written governing instrument creating the account meets the following requirements:
  (A) Except in the case of a rollover contribution, no contribution shall be accepted:

  (i) Unless it is in cash. See Tennessee Code 67-10-102
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Tennessee Code 39-16-401
• Action: means any civil action or binding dispute resolution proceeding for damages or indemnity asserting a claim for damage to or loss of commercial property caused by an alleged construction defect, but does not include any civil action or arbitration proceeding asserting a claim for alleged personal injuries arising out of an alleged construction defect. See Tennessee Code 66-36-101
• Actor: means a person accused of any of the offenses defined in this part. See Tennessee Code 39-14-802
• Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
  (A) A practitioner or by the practitioner's authorized agent in the practitioner's presence. See Tennessee Code 39-17-402
• Adult protective services: means the division of adult protective services of the department of human services. See Tennessee Code 39-15-501
• Affiliate: means a person who directly, or indirectly through one (1) or more intermediaries, controls, or is controlled by, or is under common control with, another person. See Tennessee Code 48-1-102
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Age of majority: means eighteen (18) years of age or older. See Tennessee Code 1-3-105
• Age-restricted venue: means a legal establishment that affirmatively restricts access to its buildings or facilities at all times to persons who are twenty-one (21) years of age or older by requiring each person who attempts to gain entry to those buildings or facilities to submit for inspection an acceptable form of identification for the express purpose of determining if the person is twenty-one (21) years of age or older. See Tennessee Code 39-17-1802
• Agency: means the wildlife resources agency. See Tennessee Code 70-1-101
• Agency: means the Tennessee wildlife resources agency. See Tennessee Code 70-9-103
• Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See Tennessee Code 39-17-402
• Agent: means any individual, other than a broker-dealer, who represents a broker-dealer in effecting or attempting to effect purchases or sales of securities from, in, or into this state. See Tennessee Code 48-1-102
• Aggrieved person: means a person who was a party to an intercepted wire, oral or electronic communication, or a person against whom the interception was directed. See Tennessee Code 40-6-303
• 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
• Animal: means any warm-blooded or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research, testing, or education, including, but not limited to, hogs, equines, mules, cattle, sheep, goats, dogs, rabbits, poultry, fish, and bees. See Tennessee Code 39-14-802
• Animal facility: means any vehicle, building, structure, pasture, paddock, pond, impoundment, or premises where an animal is kept, handled, housed, exhibited, bred, or offered for sale and any office, building, or structure where records or documents relating to an animal or to animal research, testing, production, or education are maintained. See Tennessee Code 39-14-802
• Annual event: means an event:
  (A) Authorized by a two-thirds (2/3) vote of all members elected to each house of the general assembly. See Tennessee Code 39-17-601
• Antique coin machine: means a gambling device or record that is at least twenty-five (25) years old and that is operated, played, worked, manipulated, or used by inserting or depositing a coin, slug, token, or thing of value to play a game, see pictures, hear music, or provide any other form of entertainment and includes, but is not limited to, antique slot machines, antique gambling devices, or antique gaming machines. See Tennessee Code 39-17-501
• Antique firearm: means :
  (A) Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before the year 1898. See Tennessee Code 39-11-106
• Appraisal: A determination of property value.
• Association: means a nonprofit, mandatory membership organization comprised of owners of homes, condominiums, cooperatives, manufactured homes, or any interest in real property, created pursuant to a declaration, covenant, or other applicable law. See Tennessee Code 66-37-102
• Attorney general: means the district attorneys general and their assistants. See Tennessee Code 39-14-902
• Attorney general and reporter: means the attorney general and reporter of Tennessee. See Tennessee Code 40-6-303
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authorization: means any and all forms of consent, including both implicit and explicit consent. See Tennessee Code 39-14-601
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• 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.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benefit: means anything reasonably regarded as economic gain, enhancement or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Tennessee Code 39-11-106
• Bequest: Property gifted by will.
• bidis: means a product containing tobacco that is wrapped in temburni leaf (dispyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as beedies or bidis. See Tennessee Code 39-17-1503
• 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
• Bodily injury: includes a cut, abrasion, bruise, burn or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty. See Tennessee Code 39-11-106
• Bonds: means bonds or interim certificates issued pending preparation or delivery of definitive bonds of a local government issued pursuant to this chapter. See Tennessee Code 9-21-105
• 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
• Broker-dealer: means any person engaged in the business of effecting transactions in securities for the account of others, or any person engaged in the business of buying or selling securities issued by one (1) or more other persons for such person's own account and as part of a regular business rather than in connection with such person's investment activities. See Tennessee Code 48-1-102
• Bureau: means the United States drug enforcement administration, United States department of justice, or its successor agency, except when used as the Tennessee bureau of investigation. See Tennessee Code 39-17-402
• Business: includes every trade, occupation, profession, investment activity and other lawful purpose for gain or the preservation of assets whether or not carried on for profits. See Tennessee Code 48-202-101
• Certain unfunded other post-employment benefits: means nonpension benefits paid on behalf of former employees of any local government having a population in excess of one hundred fifty thousand (150,000), according to the 2000 federal census or any subsequent federal census, or the former employees' beneficiaries after separation from service. See Tennessee Code 9-21-105
• Certain unfunded pension obligations: means pension benefits for past service of employees of a local government whose employment results from the local government's assumption of governmental responsibilities of another local government. See Tennessee Code 9-21-105
• Chambers: A judge's office.
• Children: means individuals who have not attained eighteen (18) years of age. See Tennessee Code 39-17-1603
• Claimant: means an owner, including a subsequent purchaser, tenant, or association, who asserts a claim against a prime contractor, remote contractor, or design professional concerning a construction defect. See Tennessee Code 66-36-101
• Class: when used with reference to membership interests, means a category of membership interests that differs in one (1) or more rights or preferences from another category of membership interests of the LLC. See Tennessee Code 48-202-101
• 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.
• Club: means any instrument that is specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument. See Tennessee Code 39-17-1301
• Coercion: means a threat, however communicated, to:
  (A) Commit any offense. See Tennessee Code 39-11-106
• Commercial property: means all property that is not residential property. See Tennessee Code 66-36-101
• Commercial purpose: means litter discarded by a business, corporation, association, partnership, sole proprietorship, or any other entity conducting business for economic gain, or by an employee or agent of the entity. See Tennessee Code 39-14-501
• Commission: means the Tennessee fish and wildlife commission. See Tennessee Code 70-9-103
• 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
• Commissioner: means the commissioner of agriculture. See Tennessee Code 39-14-802
• Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 48-1-102
• Commissioner: means the commissioner of agriculture or the commissioner's duly authorized representative. See Tennessee Code 39-17-1503
• Commissioner: means the commissioner of revenue. See Tennessee Code 67-2-101
• 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
• Community: means the judicial district, as defined by §. See Tennessee Code 39-17-1002
• Community center: means any center operated by any city or county government that is used for children's activities. See Tennessee Code 39-17-1603
• Complaining witness: means a person who signs a criminal complaint. See Tennessee Code 39-16-601
• Computer: means a device or collection of devices, including its support devices, peripheral equipment, or facilities, and the communication systems connected to it which can perform functions including, but not limited to, substantial computation, arithmetic or logical operations, information storage or retrieval operations, capable of being used with external files, one (1) or more operations which contain computer programs, electronic instructions, allows for the input of data, and output data (such operations or communications can occur with or without intervention by a human operator during the processing of a job). See Tennessee Code 39-14-601
• Computer network: means a set of two (2) or more computer systems that transmit data over communication circuits connecting them, and input/output devices including, but not limited to, display terminals and printers, which may also be connected to telecommunication facilities. See Tennessee Code 39-14-601
• Computer program: means an ordered set of data that are coded instructions or statements that, when executed by a computer, cause the computer to process data. See Tennessee Code 39-14-601
• Computer software: means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer, computer system, or computer network whether imprinted or embodied in the computer in any manner or separate from it, including the supporting materials for the software and accompanying documentation. See Tennessee Code 39-14-601
• Computer system: means a set of connected devices including a computer and other devices including, but not limited to, one (1) or more of the following: data input, output, or storage devices, data communication circuits, and operating system computer programs that make the system capable of performing data processing tasks. See Tennessee Code 39-14-601
• conduct: means to initiate, conclude, participate, negotiate, transport, conceal, or to aid or abet in such acts. See Tennessee Code 39-14-902
• Consent: means assent in fact, whether express or implied, by the owner or by a person legally authorized to act for the owner which is not:
  (A) Induced by force, threat, false pretenses, or fraud. See Tennessee Code 39-14-802
• Construction: means building, reconstruction, erection, replacement, extension, repairing, betterment, equipment, development, embellishment, improvement, acquisition by gift, lease, purchase or the exercise of the right of eminent domain, or any one (1) or more or all of the foregoing, including the acquisition of land and of rights in land, and including acquisition of all of the outstanding capital stock of any corporation whose assets consist entirely of one (1) or more public works projects which together constitute a waterworks, sewer system, natural gas system, electric system, or any combination thereof, including, but not limited to, a water, sewer, natural gas and/or electric distribution system, or any combination thereof, serving a local government and assets related to the operation thereof and whose liabilities consist entirely of those related to the ownership and operation thereof. See Tennessee Code 9-21-105
• Construction defect: means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction or remodeling of an improvement resulting from:
  (A) Defective material, products, or components used in the construction or remodeling. See Tennessee Code 66-36-101
• Contents: when used with respect to any wire, oral or electronic communication, includes any information concerning the substance, purport or meaning of that communication. See Tennessee Code 40-6-303
• Controlled substance: means a drug, substance, or immediate precursor in Schedules I through VII of §. See Tennessee Code 39-17-402
• Corporate property: means the franchise, corporate excess or intangible value of the corporation as well as all other property. See Tennessee Code 67-2-101
• Corporation: means the Tennessee Education Lottery Corporation or its successor. See Tennessee Code 39-17-601
• Court: includes every court and judge having jurisdiction in the case. See Tennessee Code 48-202-101
• Court of record: means any circuit or criminal court in the state of Tennessee. See Tennessee Code 40-6-303
• Covered security: means a security that is, or upon completion of a transaction will be, a covered security under §. See Tennessee Code 48-1-102
• Crime of violence: includes any degree of murder, voluntary manslaughter, aggravated rape, rape, rape of a child, aggravated rape of a child, aggravated sexual battery, especially aggravated robbery, aggravated robbery, burglary, aggravated burglary, especially aggravated burglary, aggravated assault, kidnapping, aggravated kidnapping, especially aggravated kidnapping, carjacking, trafficking for commercial sex act, especially aggravated sexual exploitation, felony child abuse, and aggravated child abuse. See Tennessee Code 39-17-1301
• Criminal negligence: refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. See Tennessee Code 39-11-106
• Custody: means under arrest by a law enforcement officer or under restraint by a public servant pursuant to an order of a court. See Tennessee Code 39-16-601
• Customer: means any individual or entity who causes or caused a molder to fabricate, cast or otherwise make a die, mold, form, or pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate or otherwise make a product or products for a customer. See Tennessee Code 66-18-101
• 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
• Data: means a representation of information, knowledge, facts, concepts, or instructions which is being prepared or has been prepared in a formalized manner, and is intended to be stored or processed, or is being stored or processed, or has been stored or processed in a computer, computer system, or computer network. See Tennessee Code 39-14-601
• Days: means calendar days, including Sundays and holidays. See Tennessee Code 69-11-102
• Deadly weapon: means :
  (A) A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury. See Tennessee Code 39-11-106
• Decedent: A deceased person.
• Deception: means that a person knowingly:
  (i) Creates or reinforces a false impression by words or conduct, including false impressions of fact, law, value or intention or other state of mind that the person does not believe to be true. See Tennessee Code 39-11-106
• Deductible: means the total deductible for an eligible individual and all the dependents of that eligible individual for a calendar year. See Tennessee Code 67-10-102
• Default: means the failure timely to perform any obligation or duty set forth in this chapter and the rental agreement. See Tennessee Code 66-31-102
• Defendant: means a person accused of an offense under this title and includes any person who aids or abets the commission of such offense. See Tennessee Code 39-11-106
• Deficiency: means :
  (A) The amount by which the tax imposed by this chapter exceeds the amount shown as the tax by the taxpayer upon the taxpayer's return. See Tennessee Code 67-2-101
• delivery: means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See Tennessee Code 39-17-402
• Department: means the department of commerce and insurance. See Tennessee Code 48-1-102
• Department: means the department of agriculture. See Tennessee Code 39-17-1503
• Department: means the department of environment and conservation. See Tennessee Code 69-10-101
• Deprive: means unlawfully to withhold from the owner, interfere with the possession of, free, or dispose of an animal or other property. See Tennessee Code 39-14-802
• Deprive: means to:
  (A) Withhold property from the owner permanently or for such a period of time as to substantially diminish the value or enjoyment of the property to the owner. See Tennessee Code 39-11-106
• Design professional: means a person licensed in this state as an architect, interior designer, landscape architect, engineer, or surveyor, regardless of whether the person is a prime contractor or remote contractor. See Tennessee Code 66-36-101
• Designated adult: means :
  (A) An individual sixty-five (65) years of age or older. See Tennessee Code 48-1-102
• Director: means the executive director of the Tennessee wildlife resources agency, the director's duly authorized representative, and, in the event of the director's absence or a vacancy in the office of director, the assistant director of the Tennessee wildlife resources agency. See Tennessee Code 70-9-103
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Tennessee Code 39-17-402
• Dispenser: means a practitioner who dispenses. See Tennessee Code 39-17-402
• Disrupt: means to engage in conduct that materially interferes with the operations of the animal facility in a manner such that the activities conducted by or in the facility are permanently or temporarily halted, compromised, delayed, harmed or impaired. See Tennessee Code 39-14-802
• Distribute: means to deliver other than by administering or dispensing a controlled substance. See Tennessee Code 39-17-402
• Distributor: means a person who distributes. See Tennessee Code 39-17-402
• District: means a watershed district for which organization is proposed or which has been granted under this chapter. See Tennessee Code 69-6-102
• District attorney general: means the district attorney general of any judicial district where jurisdiction exists to prosecute an offense that is grounds for an intercept order under §. See Tennessee Code 40-6-303
• Division: means the wildlife resources agency in the case of motorized watercraft and the department of revenue, taxpayer and vehicle services division in the case of all other vehicles. See Tennessee Code 66-31-102
• Division: means the division of water management of the department of environment and conservation. See Tennessee Code 69-11-102
• Donor: The person who makes a gift.
• Dower: A widow
• Drill: means to dig, drill, redrill, construct, deepen or alter a well. See Tennessee Code 69-10-101
• Drug: means :
  (A) Substances recognized as drugs in the United States Pharmacopoeia, official Homeopaths Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them. See Tennessee Code 39-17-402
• Drug paraphernalia: includes , but is not limited to:
  (A) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance. See Tennessee Code 39-17-402
• Effective consent: means assent in fact, whether express or apparent, including assent by one legally authorized to act for another. See Tennessee Code 39-11-106
• Elderly adult: means a person seventy (70) years of age or older. See Tennessee Code 39-15-501
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Tennessee Code 48-11-201
• Electronic communication: means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by the aid of wire, radio, electromagnetic, photooptical or photoelectronic facilities, but does not include:
  (A) Any wire or oral communication. See Tennessee Code 40-6-303
• Electronic communications service: means any service which provides to users of the service the ability to send or receive wire or electronic communications. See Tennessee Code 40-6-303
• Electronic mail service provider: means any person who:
  (A) Is an intermediary in sending or receiving electronic mail. See Tennessee Code 39-14-601
• Eligible individual: means the individual taxpayer, including employees of an employer who contributes to health savings accounts on the employees' behalf, who:
  (A) Must be covered by a high deductible health plan individually or with the individual's dependent. See Tennessee Code 67-10-102
• Emancipated minor: means any minor who is or has been married, or has by court order or otherwise been freed from the care, custody and control of the minor's parents. See Tennessee Code 39-11-106
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee: means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit and a person who volunteers that person's services for a nonprofit entity. See Tennessee Code 39-17-1802
• Employer: means a person, business, partnership, association, corporation, including a municipal corporation, educational institution, trust, or nonprofit entity that employs the services of one (1) or more individual persons. See Tennessee Code 39-17-1802
• Enclosed area: means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling. See Tennessee Code 39-17-1802
• 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
• Enterprise: means any one (1) of or combination of two (2) or more public works projects, undertakings or projects which the local government is or may hereafter be authorized to construct and from which the local government has heretofore derived or may hereafter derive revenues, and such enterprise includes all improvements, betterments, extensions and replacements thereto, and all appurtenances, facilities, lands, rights in land, water rights, franchises and structures in connection therewith or incidental thereto. See Tennessee Code 9-21-105
• Escape: means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period, but does not include a violation of conditions of probation or parole. See Tennessee Code 39-16-601
• Executive authority: includes the governor, and any person performing the functions of governor in a state other than this state. See Tennessee Code 40-9-102
• Executive director: means the executive director of the wildlife resources agency. See Tennessee Code 70-1-101
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Executor: A male person named in a will to carry out the decedent
• Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
• Explosive weapon: means any explosive, incendiary or poisonous gas:
  (i) Bomb. See Tennessee Code 39-17-1301
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Facsimile seal: means the reproduction by engraving, imprinting, stamping, or other means of the seal of the issuer, official or governing body. See Tennessee Code 9-21-105
• Facsimile signature: means the reproduction by engraving, imprinting, stamping, or other means of the manual signature of an authorized officer of a local government. See Tennessee Code 9-21-105
• 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
• farm products: means forage and sod crops. See Tennessee Code 1-3-105
• Federal agency: includes the United States, the president of the United States, or any agency, instrumentality or corporation of the United States, which has heretofore been or may hereafter be designated, created or authorized by or pursuant to any act or acts or joint resolutions of the congress of the United States, to make loans or grants, or which may be owned or controlled, directly or indirectly, by the United States. See Tennessee Code 9-21-105
• Federal aid act: means any act or acts or joint resolution of the congress of the United States to reduce and relieve unemployment, or to provide for the construction of public works, or to relieve and rehabilitate veterans of any war, or to subsidize or aid any local government, public works or construction project by grants of money, materials, equipment or otherwise by any federal agency. See Tennessee Code 9-21-105
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Financial exploitation: means :
  (A) The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly or vulnerable adult's property with the intent to deprive the elderly or vulnerable adult of property. See Tennessee Code 39-15-501
• Financial exploitation: means :
  (A) The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of a designated adult. See Tennessee Code 48-1-102
• Financial instrument: includes , but is not limited to, any check, cashier's check, draft, warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit card, debit card, marketable security, or any computer system representation thereof. See Tennessee Code 39-14-601
• Financial newspaper: means a financial newspaper, financial journal or other financial publication. See Tennessee Code 9-21-105
• Financial transaction: means a purchase, sale, loan, pledge, contract, gift, payment, and also includes a withdrawal, transmission of funds, transfer between accounts or deposit, of monetary or negotiable instruments, funds or an exchange of any other property, including, but not limited to, currency, precious metals, stones or jewelry, tickets, stamps or credit in a financial institution. See Tennessee Code 39-14-902
• 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
• Force: means compulsion by the use of physical power or violence and shall be broadly construed to accomplish the purposes of this title. See Tennessee Code 39-11-106
• 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}
• 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}
• Fresh pursuit: includes fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. See Tennessee Code 40-7-202
• Gambling bet: means anything of value risked in gambling. See Tennessee Code 39-17-501
• Gambling device or record: means anything designed for use in gambling, intended for use in gambling, or used for gambling. See Tennessee Code 39-17-501
• 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
• Garbage: includes putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. See Tennessee Code 39-14-501
• 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
• Governing body: means the legislative body of any local government of this state or any other authority charged with the governing of the affairs of any local government in this state. See Tennessee Code 9-21-105
• Government: means the state or any political subdivision of the state, and includes any branch or agency of the state, a county, municipality or other political subdivision. See Tennessee Code 39-11-106
• Governmental record: means anything:
  (A) Belonging to, received or kept by the government for information. See Tennessee Code 39-11-106
• Governor: includes any person performing the functions of governor by authority of the law of this state. See Tennessee Code 40-9-102
• Grantor: The person who establishes a trust and places property into it.
• Group care home: means a home operated by any person, society, agency, corporation, or institution or any group which receives seven (7) or more children for full-time care outside their own homes in facilities owned or rented and operated by the organization. See Tennessee Code 39-17-1603
• 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.
• Handgun: means any firearm with a barrel length of less than twelve inches (12") that is designed, made or adapted to be fired with one (1) hand. See Tennessee Code 39-11-106
• Harm: means anything reasonably regarded as loss, disadvantage or injury, including harm to another person in whose welfare the person affected is interested. See Tennessee Code 39-11-106
• Health care facility: includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. See Tennessee Code 39-17-1802
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Hemp: means the plant Cannabis sativa L. See Tennessee Code 39-17-1503
• High deductible health plan: means a health plan with:
  (A) In the case of self-only coverage, an annual deductible that is not less than one thousand dollars ($1,000), and the sum of the annual deductible and other out-of-pocket expenses required to be paid under the plan for covered benefits does not exceed five thousand one hundred dollars ($5,100), or such other amounts for an annual deductible and out-of-pocket expenses established in accordance with §. See Tennessee Code 67-10-102
• Hoax device: means any device that reasonably appears to be or is purported to be an explosive or incendiary device and is intended to cause alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies. See Tennessee Code 39-17-1301
• 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
• Immediate methamphetamine precursor: means ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers, or any drug or other product that contains a detectable quantity of ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers. See Tennessee Code 39-17-402
• Immediate precursor: means a substance that the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. See Tennessee Code 39-17-402
• Immediate vicinity: refers to the area within the person's immediate control within which the person has ready access to the ammunition. See Tennessee Code 39-17-1301
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• 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}
• Individual: includes the estate of an incompetent or deceased individual. See Tennessee Code 48-11-201
• Input: means data, facts, concepts, or instructions in a form appropriate for delivery to, or interpretation or processing by, a computer. See Tennessee Code 39-14-601
• Insane: includes all persons of unsound mind. See Tennessee Code 1-3-105
• Installer: means any person who installs or repairs well pumps or who installs filters and water treatment devices. See Tennessee Code 69-10-101
• Institutional investor: means a bank (unless the bank is acting as a broker-dealer as such term is defined in §. See Tennessee Code 48-1-102
• Intentional: means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result. See Tennessee Code 39-11-106
• Intercept: means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See Tennessee Code 40-6-303
• Interest: means either or both of the following rights under the organic law of an unincorporated entity:
  (A) The right to receive distributions from the entity either in the ordinary course or upon liquidation. See Tennessee Code 48-11-201
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Investigative or law enforcement officer: means :
  (A) In all counties having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census:

  (i) Any officer of the state or a political subdivision of the state, who:

  (a) Is empowered by law to conduct investigations of or to make arrests for offenses enumerated in §. See Tennessee Code 40-6-303
• Investment adviser: includes a financial planner or other person who, as an integral component of other financially related services, provides investment advice to others for compensation as part of a business or who holds oneself out as providing investment advice to others for compensation. See Tennessee Code 48-1-102
• Issuer: means every person who issues any security, except that:
  (i) With respect to certificates of deposit, voting-trust certificates, collateral-trust certificates, certificates of interest or shares in an unincorporated investment trust which is of the fixed, restricted management or unit type or which does not have either a board of directors or persons performing similar functions, "issuer" means the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the trust or other agreement under which such securities are issued. See Tennessee Code 48-1-102
• Judge of competent jurisdiction: means a judge presiding over any court of record as defined in this part and §. See Tennessee Code 40-6-303
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Juror: means any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. See Tennessee Code 39-16-101
• Juror: A person who is on the jury.
• Knife: means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. See Tennessee Code 39-17-1301
• Knowing: means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. See Tennessee Code 39-11-106
• Knuckles: means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles. See Tennessee Code 39-17-1301
• 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
• Last known address: means for notification purposes the street address, post office box, or electronic mail address provided by the occupant in the latest rental agreement or in a subsequent written notice of a change of address provided by the occupant. See Tennessee Code 66-31-102
• Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, or a rule authorized by and lawfully adopted under a statute. See Tennessee Code 39-16-401
• Law: means any act or statute, general, special or local, of this state, including, but not limited to, any local government charter. See Tennessee Code 9-21-105
• Law enforcement officer: includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer. See Tennessee Code 39-11-106
• Leased space: means the storage space or spaces at the self-service storage facility that are leased or rented to an occupant pursuant to a rental agreement. See Tennessee Code 66-31-102
• Legal privilege: means a particular or peculiar benefit or advantage created by law. See Tennessee Code 39-11-106
• Litter: includes garbage, refuse, rubbish and all other waste material, including a tobacco product as defined in §. See Tennessee Code 39-14-501
• 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
• Local exchange company: includes telecommunications service providers as defined in §. See Tennessee Code 39-14-601
• Local government: means any county, municipality or metropolitan government in this state. See Tennessee Code 9-21-105
• Local government instrumentality: means any authority created by law on behalf of a county, metropolitan government, municipality or any combination thereof. See Tennessee Code 9-21-105
• local governmental unit: means any political subdivision of the state, including, but not limited to, counties or incorporated municipalities, if such political subdivision provides local government services for residents in a geographically limited area of the state as its primary purpose and has the power to act primarily on behalf of that area. See Tennessee Code 66-35-101
• 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
• Lottery: means the selling of anything of value for chances on a prize or stake. See Tennessee Code 39-17-501
• Machine gun: means any firearm that is capable of shooting more than two (2) shots automatically, without manual reloading, by a single function of the trigger. See Tennessee Code 39-17-1301
• Mandated project: means a public works project that a local government is required by a court order or other governmental mandate to construct as determined by the local government with the approval of the comptroller of the treasury or the comptroller's designee. See Tennessee Code 9-21-105
• Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that "manufacture" does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging, or labeling of a controlled substance by:
  (A) A practitioner as an incident to administering or dispensing a controlled substance in the course of professional practice. See Tennessee Code 39-17-402
• Marijuana: means all parts of the plant cannabis, whether growing or not. See Tennessee Code 39-17-402
• Material: means the statement, irrespective of its admissibility under the rules of evidence, could have affected the course or outcome of the official proceeding. See Tennessee Code 39-16-701
• Material: means :
  (A) Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation. See Tennessee Code 39-17-1002
• Mental institution: means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of an intellectual disability or mental illness, including, but not limited to, a psychiatric ward in a general hospital. See Tennessee Code 39-17-1301
• Metals recycling facility: means any business that is predominantly engaged in performing the process by which scrap, used or obsolete ferrous or nonferrous metals are converted into raw materials consisting of proper grades and having an existing or potential economic value. See Tennessee Code 39-17-1401
• Metropolitan government: means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or cities pursuant to the authority of title 7, chapters 1-3. See Tennessee Code 9-21-105
• Minor: means any person who has not reached eighteen (18) years of age. See Tennessee Code 39-17-1002
• Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106
• Molder: includes , but is not limited to, a tool or die maker. See Tennessee Code 66-18-101
• 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
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• 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
• Motor vehicle: means any vehicle which is self-propelled. See Tennessee Code 39-17-1401
• Municipality: means any incorporated city or any incorporated town of this state. See Tennessee Code 9-21-105
• Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
  (A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate. See Tennessee Code 39-17-402
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Neglect: means :
  (i) The failure of a caregiver to provide the care, supervision, or services necessary to maintain the physical health of an elderly or vulnerable adult, including, but not limited to, the provision of food, water, clothing, medicine, shelter, medical services, a medical treatment plan prescribed by a healthcare professional, basic hygiene, or supervision that a reasonable person would consider essential for the weIl-being of an elderly or vulnerable adult. See Tennessee Code 39-15-501
• Notes: means notes or interim certificates issued pending preparation or delivery of definitive notes of a local government issued pursuant to this chapter. See Tennessee Code 9-21-105
• Notice of claim: means a written notice sent by a claimant to the last known address of a prime contractor, remote contractor, or design professional against whom the claimant asserts a construction defect that describes the claim in reasonable detail sufficient to determine the general nature of the defect, including a general description of the type and location of the construction that the claimant alleges to be defective and any damages claimed to have been caused by the defect. See Tennessee Code 66-36-101
• 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
• Oath: means a solemn and formal undertaking to tell the truth and includes an equivalent affirmation permitted by law as a substitute for an oath administered by a person authorized by law to take statements under oath. See Tennessee Code 39-16-701
• Obligations: means bonds, notes and any other evidence of indebtedness lawfully issued or assumed by a local government. See Tennessee Code 9-21-105
• Obligee: means any person or entity to whom a residential ground rent is owed, including its successors and assigns. See Tennessee Code 66-30-102
• Obligor: means one (1) or more individuals who are obligated to pay a residential ground rent, including their successors, sublessees or assigns. See Tennessee Code 66-30-102
• Obtain: includes , but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses. See Tennessee Code 39-11-106
• Occupant: means a person, or a sublessee, successor, or assign of such person, entitled to the use of leased space at a self-service storage facility under a rental agreement, to the exclusion of others. See Tennessee Code 66-31-102
• Occupied: means the condition of the lawful physical presence of any person at any time while the defendant is within the habitation or other building. See Tennessee Code 39-14-401
• Official proceeding: means any type of administrative, executive, judicial, or legislative proceeding that is conducted before a public servant authorized by law to take statements under oath in that proceeding. See Tennessee Code 39-16-701
• Official proceeding: means any type of administrative, executive, legislative or judicial proceeding that may be conducted before a public servant authorized by law to take statements under oath. See Tennessee Code 39-11-106
• OHV: means any off-road motorcycles, three or four-wheel all-terrain vehicles or dune buggies. See Tennessee Code 70-9-103
• Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Tennessee Code 39-17-402
• Opium poppy: means the plant of the species papaver somniferum 1, except its seeds. See Tennessee Code 39-17-402
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Oral communication: means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation, but "oral communication" does not include any electronic communication. See Tennessee Code 40-6-303
• Output: means data, facts, concepts or instructions produced or retrieved by computers from computers or computer memory storage devices. See Tennessee Code 39-14-601
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person who has title to the property, lawful possession of the property, or a greater right to possession of the property than the actor. See Tennessee Code 39-14-802
• Owner: means the person in whose name the OHV is owned. See Tennessee Code 70-9-103
• Owner: means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property. See Tennessee Code 39-11-106
• Owner: means the owner, operator, lessor, or sublessor of a self-service storage facility, the agent of such person, or any person authorized by such person to manage the facility or to receive rent from an occupant under a rental agreement. See Tennessee Code 66-31-102
• Owner: means a person in lawful possession of property whether the possession is actual or constructive. See Tennessee Code 39-14-401
• Owner: means an owner or lessee of a computer or a computer network, or an owner, lessee or licensee of computer data, computer programs, or computer software. See Tennessee Code 39-14-601
• Owner: means any person who owns an interest in, controls, or operates a dam. See Tennessee Code 69-11-102
• Participates: includes :
  (A) Joining a group of three (3) or more persons who riot. See Tennessee Code 39-17-301
• Patently offensive: means that which goes substantially beyond customary limits of candor in describing or representing such matters. See Tennessee Code 39-17-1002
• PCB-containing capacitor: means a capacitor that contains polychlorinated biphenyls and is regulated under the federal Toxic Substances Control Act ( 15 U. See Tennessee Code 39-17-1401
• Pecuniary benefit: means benefit in the form of money, property, commercial interests or anything else, the primary significance of which is economic gain. See Tennessee Code 39-16-101
• Pen register: means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached, but "pen register" does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communication services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business. See Tennessee Code 40-6-303
• Penal institution: includes any institution or facility used to house or detain a person:
  (A) Convicted of a crime. See Tennessee Code 39-16-601
• Performance: means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one (1) or more persons. See Tennessee Code 39-17-1002
• Period: as used in this part and parts 5-8 of this chapter, includes in each instance any number of portions of time not exceeding in the aggregate the length of time included in such period. See Tennessee Code 9-21-405
• 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, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two (2) or more persons having a joint or common interest, or other legal entity. See Tennessee Code 39-14-802
• Person: means an individual, association, partnership, or corporation. See Tennessee Code 70-1-101
• Person: means an individual, corporation, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity. See Tennessee Code 39-17-402
• Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
• Person: means a natural person, a sole proprietorship, a corporation, a partnership, an association, a limited liability company, a joint-stock company, a trust, a governmental entity or agency, or any other unincorporated organization. See Tennessee Code 48-1-102
• Person: means an individual, corporation, partnership, sole proprietorship or other business entity. See Tennessee Code 39-17-1401
• Person: means any individual, firm, fiduciary, partnership, corporation, trust, or association. See Tennessee Code 39-17-1503
• Person: means an individual, partnership, committee, association, corporation or any other organization or group of persons. See Tennessee Code 39-17-1802
• Person: means a natural person, partnership, association, cooperative, corporation, trust, or other legal entity. See Tennessee Code 66-33-102
• 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
• Personal property: means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, household items, and vehicles. See Tennessee Code 66-31-102
• Personal 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
• 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.
• Pharmacist: means a licensed pharmacist as defined by the laws of this state, and where the context so requires, the owner of a store or other place of business where controlled substances are compounded or dispensed by a licensed pharmacist. See Tennessee Code 39-17-402
• Physical harm: means an action, regardless of gravity or duration, that:
  (A) Causes pain or injury. See Tennessee Code 39-15-501
• Place of employment: means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. See Tennessee Code 39-17-1802
• Place of worship: means any enclosed area that is:
  (A) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to §. See Tennessee Code 39-17-1802
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• pool: means a type of pari-mutuel betting:
  (A) In which a participant:

  (i) Pays money for participation in a pool. See Tennessee Code 39-17-501
• Poppy straw: means all parts, except the seeds, of the opium poppy after mowing. See Tennessee Code 39-17-402
• Possession: means actual care, custody, control, or management. See Tennessee Code 39-14-802
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Practitioner: means :
  (A) A physician, dentist, optometrist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state. See Tennessee Code 39-17-402
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Private club: means any club or organization that does not permit the general public access to its facilities or activities. See Tennessee Code 39-17-1802
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Tennessee Code 48-202-101
• Proceeds: includes gross profits from the commission of any specified unlawful activity, including property, real, personal or intangible of any kind, acquired or derived, directly or indirectly, from, produced through, realized through or caused by an act or omission. See Tennessee Code 39-14-902
• Production: includes the manufacturing, planting, cultivating, growing or harvesting of a controlled substance. See Tennessee Code 39-17-402
• 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
• Profit: means anything of value in addition to the gambling bet. See Tennessee Code 39-17-501
• program: means a program that includes all of the following:
  (A) The purchase by an eligible individual or by an employer of a high deductible health plan. See Tennessee Code 67-10-102
• Promote: means to finance, produce, direct, manufacture, issue, publish, exhibit or advertise, or to offer or agree to do those things. See Tennessee Code 39-17-1002
• Proof of age: means a driver license or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid. See Tennessee Code 39-17-601
• Proof of age: means a driver license or other generally accepted means of identification that describes the individual as twenty-one (21) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid. See Tennessee Code 39-17-1503
• Property: means any real or personal property and includes any document, record, research data, paper, or computer storage medium. See Tennessee Code 39-14-802
• Property: means anything of value, and includes any interest in property, including any benefit, privilege, claim or right with respect to anything of value, whether real or personal, tangible or intangible. See Tennessee Code 39-14-902
• Property: means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. See Tennessee Code 39-11-106
• Property: shall include :
  (A) Real property. See Tennessee Code 39-14-601
• Public hunting area: means a specific land or water area, or both, not intensively managed that is established for the protection of wildlife species and public use by both consumptive and nonconsumptive users. See Tennessee Code 70-1-101
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public place: means any public street, sidewalk or park, or any area open to the general public in any publicly owned or operated building. See Tennessee Code 39-17-1503
• Public place: means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. See Tennessee Code 39-11-106
• Public place: means an enclosed area to which the public is invited, including, but not limited to, banks, educational facilities, health care facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, recreational facilities, retail service establishments, retail stores, shopping malls, sports arenas, theaters, places of employment and waiting rooms. See Tennessee Code 39-17-1802
• Public servant: means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties:
  (A) An officer, employee, or agent of government. See Tennessee Code 39-16-401
• Public servant: means a person elected, selected, employed or otherwise designated as one (1) of the following, even if the person has not yet qualified for office or assumed the duties:
  (A) An officer, employee, or agent of government. See Tennessee Code 39-16-501
• Public servant: means :
  (A) Any public officer or employee of the state or of any political subdivision of the state or of any governmental instrumentality within the state including, but not limited to, law enforcement officers. See Tennessee Code 39-11-106
• Public works project: includes any one (1) or any combination of the following: acquisitions of land for the purpose of providing or preserving open land. See Tennessee Code 9-21-105
• 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
• Qualified individual: means any agent, investment adviser representative, or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser. See Tennessee Code 48-1-102
• Reckless: means that a person acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of, but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. See Tennessee Code 39-11-106
• Recording: means presenting a document to a county register in this state for official placement in the public land records. See Tennessee Code 66-33-102
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Refinancing: means funding, refunding, paying, or discharging, by means of refunding bonds or the proceeds received from the sale thereof, all or any part of any bonds, notes, or other obligations heretofore or hereafter issued or lawfully assumed and payable solely from all or any part of the revenues of one (1) or more enterprises, or from a combination of such revenues and taxes, except notes issued in anticipation of bonds. See Tennessee Code 9-21-105
• Refuge: means a specific land or water area, or both, that is established for the protection of one (1) or more species of wildlife with no, or limited forms of, consumptive uses, and limited nonconsumptive use to the degree compatible with desired wildlife protection. See Tennessee Code 70-1-101
• Refunding bonds: means bonds issued to refund all or any part of bonds, notes or other obligations, except notes issued in anticipation of bonds, heretofore or hereafter issued or lawfully assumed by a local government pursuant to this chapter, or any other provision of this code or any other general or special law. See Tennessee Code 9-21-105
• Refuse: includes all putrescible and nonputrescible solid waste. See Tennessee Code 39-14-501
• Relative: means a current or former spouse. See Tennessee Code 39-15-501
• Rental agreement: means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of leased space at a self-service storage facility. See Tennessee Code 66-31-102
• Reservoir: means any basin that contains or will contain the water impounded by a dam. See Tennessee Code 69-11-102
• Residential ground rent: means a rent or charge paid for the use of land, whether or not title thereto is transferred to the user, or a lease of land, for residential purposes:
  (A) Which is assignable by the obligor without the obligee's consent. See Tennessee Code 66-30-102
• Residential property: means property upon which a dwelling or improvement is constructed or to be constructed consisting of one (1) dwelling unit intended as a residence of a person or family. See Tennessee Code 66-36-101
• Residential purposes: means any use of land wherein the owner and/or the occupant thereof resides, including, but not limited to, the following uses: apartments, multi-family, single-family, duplexes and condominiums. See Tennessee Code 66-30-102
• Residential real estate: means real property located in this state that is used primarily for personal, family, or household purposes and is improved by one (1) to four (4) dwelling units. See Tennessee Code 66-33-102
• Residential treatment facility: means a residential treatment facility licensed under title 33, chapter 2, part 4. See Tennessee Code 39-17-1603
• Restaurant: includes a bar area within the restaurant. See Tennessee Code 39-17-1802
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restricted firearm ammunition: means any cartridge containing a bullet coated with a plastic substance with other than a lead or lead alloy core or a jacketed bullet with other than a lead or lead alloy core or a cartridge of which the bullet itself is wholly composed of a metal or metal alloy other than lead. See Tennessee Code 39-17-1301
• Revenues: means all fees, rents, tolls, rates, rentals, interest earnings, or other charges received or receivable by the local government from any public works project or enterprise then existing or thereafter to be constructed, including any revenues derived or to be derived by a local government from a lease, agreement or contract with any other local government, local government instrumentality, the state, or a state or federal agency for the use of or in connection with a public works project or enterprise, or all other charges to be levied and collected in connection with and all other income and receipts of whatever kind or character derived by the local government from the operation of any public works project or enterprise or arising from any public works project or enterprise. See Tennessee Code 9-21-105
• Rifle: means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger. See Tennessee Code 39-17-1301
• Riot: means a disturbance in a public place or penal institution as defined in §. See Tennessee Code 39-17-301
• Rubbish: includes nonputrescible solid waste consisting of both combustible and noncombustible waste. See Tennessee Code 39-14-501
• Sampling: means the distribution of samples to members of the general public in a public place. See Tennessee Code 39-17-1503
• Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the [former] federal savings and loan insurance corporation (FSLIC) or any successor [repealed] of such corporation. See Tennessee Code 1-3-105
• School grounds: means any building, structure, and surrounding outdoor grounds contained within a public or private preschool, nursery school, kindergarten, elementary or secondary school's legally defined property boundaries as registered in a county register's office, and any publicly owned or leased vehicle used to transport children to or from school or any officially sanctioned or organized school event. See Tennessee Code 39-17-1603
• Scrap vehicle: means any motor vehicle that has been crushed, flattened or dismantled or that has been otherwise damaged to the extent that it cannot be economically repaired. See Tennessee Code 39-17-1401
• Security: means any note, stock, treasury stock, bond, debenture, evidence of indebtedness, a life settlement investment or any fractional or pooled interest in a life insurance policy or life settlement investment, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease. See Tennessee Code 48-1-102
• Self-service storage facility: means any real property designed and used for the purpose of renting or leasing storage space to occupants who are to have access to such space for the purpose of storing and removing personal property. See Tennessee Code 66-31-102
• sell: includes every contract of sale of, contract to sell, or disposition of, a security or interest in a security for value. See Tennessee Code 48-1-102
• Sell: includes the offering or possessing for sale, bartering, exchanging or trading. See Tennessee Code 70-1-101
• Serious bodily injury: means bodily injury that involves:
  (A) A substantial risk of death. See Tennessee Code 39-11-106
• Serious psychological injury: means any mental harm that would normally require extended medical treatment, including hospitalization or institutionalization, or mental harm involving any degree of prolonged incapacity. See Tennessee Code 39-15-501
• Service: means personal service or delivery by certified mail to the last known address of the addressee, or as otherwise allowed by contract. See Tennessee Code 66-36-101
• Service agreement: means a contract pursuant to which a person agrees to provide services in connection with the sale of residential real estate or the sale of any product or the performance of any personal service on or for the maintenance of residential real estate. See Tennessee Code 66-33-102
• Service provider: means a person who provides services or products to a consumer. See Tennessee Code 66-33-102
• Services: includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(38) or a specific statute exists covering the same or similar conduct. See Tennessee Code 39-11-106
• Services: includes , but is not limited to, the use of a computer, a computer system, a computer network, computer software, computer program, or data to perform tasks. See Tennessee Code 39-14-601
• 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.
• 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
• Sexual activity: means any of the following acts:
  (A) Vaginal, anal or oral intercourse, whether done with another person or an animal. See Tennessee Code 39-17-1002
• Sexual exploitation: includes , but is not limited to, sexual contact, as defined in §. See Tennessee Code 39-15-501
• Shotgun: means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire through a smooth-bore barrel either a number of ball shot or a single projectile by a single function of the trigger. See Tennessee Code 39-17-1301
• Smoking: means the burning of a lighted cigarette, cigar, pipe or any other substance containing tobacco. See Tennessee Code 39-17-1603
• Smoking: means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form. See Tennessee Code 39-17-1802
• Smoking hemp: means hemp that is offered for sale to the public with the intention that it is consumed by smoking and that does not meet the definition of a vapor product. See Tennessee Code 39-17-1503
• Specified unlawful activity: means any act, including any preparatory or completed offense, committed for financial gain that is punishable as a felony under the laws of this state, or if the act occurred outside this state, would be punishable by confinement for more than one (1) year under the laws of the state in which it occurred. See Tennessee Code 39-14-902
• State: means the state of Tennessee. See Tennessee Code 39-14-802
• State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States. See Tennessee Code 39-17-402
• State: means the state of Tennessee. See Tennessee Code 9-21-105
• State: includes the District of Columbia. See Tennessee Code 40-7-202
• State agency: means any agency of the state created by the general assembly. See Tennessee Code 9-21-105
• State lottery game: means any game of chance approved and operated pursuant to title 4, chapter 51, part 1, including, but not limited to, instant tickets, online games, and games using mechanical or electronic devices. See Tennessee Code 39-17-601
• State lottery retailer: means :
  (A) A person who sells state lottery tickets or shares on behalf of the corporation pursuant to a contract or an employee or agent of the person. See Tennessee Code 39-17-601
• State lottery ticket or share: means a lottery ticket or share issued by, or under the authority of, the corporation for evidence of participation in a state lottery game. See Tennessee Code 39-17-601
• Statement: means any representation of fact. See Tennessee Code 39-16-501
• Statement: means any representation of fact. See Tennessee Code 39-16-701
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Stocks: means shares of stock issued by corporations chartered and organized under the laws of the state of Tennessee, or of any other state, or of the United States, or of any foreign government, and all interests in partnerships, associations, or trusts represented by transferable evidence of such interest. See Tennessee Code 67-2-101
• Summons: Another word for subpoena used by the criminal justice system.
• Switchblade knife: means any knife that has a blade which opens automatically by:
  (A) Hand pressure applied to a button or other device in the handle. See Tennessee Code 39-17-1301
• Taxable property: means all property subject to ad valorem taxation within the local government, or any portion of the local government, if applicable. See Tennessee Code 9-21-105
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Tire: means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle and includes a waste tire as defined in §. See Tennessee Code 39-14-501
• To process: means to use a computer to put data through a systematic sequence of operations for the purpose of producing a specified result. See Tennessee Code 39-14-601
• Tobacco product: means any product that contains tobacco and is intended for human consumption, including, but not limited to, cigars, cigarettes and bidis. See Tennessee Code 39-17-1503
• 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.
• Transfer: means the sale, gift, grant, conveyance, assignment, inheritance, or other transfer of an interest in real property located in this state. See Tennessee Code 66-37-102
• Transfer fee: means a fee or charge imposed by a transfer fee covenant, but does not include any tax, assessment, fee or charge imposed by a governmental authority pursuant to applicable laws, ordinances, or regulations. See Tennessee Code 66-37-102
• Transfer fee covenant: means a provision in a document, whether recorded or not and however denominated, that purports to run with the land or bind current owners or successors in title to specified real property located in this state, and that obligates a transferee or transferor of all or part of the property to pay a fee or charge to a third person upon transfer of an interest in all or part of the property, or in consideration for permitting any such transfer. See Tennessee Code 66-37-102
• True bill: Another word for indictment.
• Ultimate user: means a person who lawfully possesses a controlled substance for the person's own use or for the use of a member of the person's household or for the administering to an animal owned by the person or by a member of the person's household. See Tennessee Code 39-17-402
• Unloaded: means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon. See Tennessee Code 39-17-1301
• Vehicle: means a motor vehicle, a trailer, or a semitrailer as defined in §. See Tennessee Code 66-31-102
• Verified mail: means any method of mailing that is offered by the United States postal service and that provides evidence of mailing. See Tennessee Code 66-31-102
• Virus: means a migrating program which, at least, attaches itself to the operating system of any computer it enters and can infect any other computer that has access to an "infected" computer. See Tennessee Code 39-14-601
• 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
• Vulnerable adult: means a person eighteen (18) years of age or older who, because of intellectual disability or physical dysfunction, is unable to fully manage the person's own resources, carry out all or a portion of the activities of daily living, or fully protect against neglect, exploitation, or hazardous or abusive situations without assistance from others. See Tennessee Code 39-15-501
• 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
• Wholesaler: means a person who supplies a controlled substance that the person has not produced or prepared, on official written orders, but not on prescriptions. See Tennessee Code 39-17-402
• 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
• Wire communication: means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged as a provider of wire or electronic communications service in providing or operating those facilities for the transmission of communications. See Tennessee Code 40-6-303
• written: means any information in the form of a document. See Tennessee Code 48-11-201