Terms Used In Tennessee Code > Title 1 > Chapter 3 - Construction of Statutes

• Administrative action: means the taking of any recommendation, report or nonministerial action. See Tennessee Code 3-6-301
• Administrator of elections: means the chief administrative officer appointed by the county election commission. See Tennessee Code 2-2-101
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agriculture: means :
  1. The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  2. Allegation: something that someone says happened.
  3. Alternate delegate: means an individual elected as an alternate delegate as provided by this chapter. See Tennessee Code 3-18-102
  4. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  5. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  6. 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.
  7. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  8. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  9. Arrest: Taking physical custody of a person by lawful authority.
  10. Article V convention: means a convention for proposing amendments to the Constitution of the United States called for by the states under Article V of the Constitution of the United States. See Tennessee Code 3-18-102
  11. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  12. Association: means any union, league, chamber of commerce, committee, club, or other membership organization. See Tennessee Code 3-6-301
  13. Attorney general: means the attorney general and reporter. See Tennessee Code 3-6-301
  14. Campaign contribution: means any contribution as defined by §. See Tennessee Code 3-6-301
  15. Candidate for public office: means any individual who has made a formal announcement of candidacy or who qualified under the law of this state to seek nomination for election or elections to any state public office, or has received contributions or made expenditures, except for incidental expenditures to determine if one shall be a candidate, or has given consent for a campaign committee to receive contributions or make expenditures, with a view to bringing about that person's nomination for election or the election to state public office, and any individual who has been nominated for appointment as an official in the legislative or executive branch. See Tennessee Code 3-6-301
  16. Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  17. Chambers: A judge's office.
  18. 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
  19. Commission: means the county election commission unless another intent is clearly shown. See Tennessee Code 2-2-101
  20. Committee amendment: An amendment recommended by a committee in reporting a bill or other measure.
  21. Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  22. Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  23. Compensation: means any salary, fee, payment, reimbursement or other valuable consideration, or any combination thereof, whether received or to be received. See Tennessee Code 3-6-301
  24. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  25. Contract: A legal written agreement that becomes binding when signed.
  26. Conviction: A judgement of guilt against a criminal defendant.
  27. 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.
  28. County executive: means and includes "county mayor" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  29. County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  30. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  31. Decedent: A deceased person.
  32. Delegate: means an individual elected as provided by this chapter to represent Tennessee at an Article V convention. See Tennessee Code 3-18-102
  33. Dependent: A person dependent for support upon another.
  34. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  35. Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
  36. Donor: The person who makes a gift.
  37. Election: includes all elections, local, municipal, primary, general, state, federal and special and any election in the state or any county, municipality or other political subdivision thereof, but does not include referenda or issues submitted to a vote of the people, political convention or caucus. See Tennessee Code 2-19-201
  38. emergency: means an occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, that results in a polling place being unavailable or unsuitable for voting. See Tennessee Code 2-3-110
  39. employer: means any person or entity that employs, retains or otherwise arranges for a lobbyist to engage in lobbying on behalf of the person or entity for compensation. See Tennessee Code 3-6-301
  40. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
  41. 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.
  42. Ex officio: Literally, by virtue of one's office.
  43. Expenditure: means any advance, conveyance, deposit, distribution, transfer of funds, loan, payment, pledge, or subscription of money or anything of value, and any contract, agreement, promise, or other obligation, whether or not legally enforceable, to make an expenditure. See Tennessee Code 3-6-301
  44. farm products: means forage and sod crops. See Tennessee Code 1-3-105
  45. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  46. Forbearance: A means of handling a delinquent loan. A
  47. Fraud: Intentional deception resulting in injury to another.
  48. Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  49. Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  50. Gift: means any payment, honorarium, subscription, loan, advance, forbearance, rendering or deposit of money or services, unless consideration of equal or greater value is received. See Tennessee Code 3-6-301
  51. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  52. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  53. Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
  54. Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  55. House of representatives: means the house of representatives of the general assembly. See Tennessee Code 3-18-102
  56. Immediate family: means a spouse or minor child living in the household. See Tennessee Code 3-6-301
  57. 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.
  58. Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  59. Investigatory audit information: means data obtained pursuant to a finding of probable cause to believe that an employer or lobbyist has violated this part, including information pertaining to the source or amount of employer or lobbyist income, expenditures, receipts, assets, liabilities, net worth, or related financial or proprietary information that is received by, recorded by, prepared by, or collected by or on behalf of the ethics commission during the course of any audit, investigation or other examination undertaken for the purpose of ensuring compliance with, or imposing civil or criminal sanctions for violation of, this part. See Tennessee Code 3-6-301
  60. Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  61. Joint resolution: A legislative measure which requires the approval of both chambers.
  62. 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.
  63. Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  64. Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  65. 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}
  66. Legislative action: means introduction, sponsorship, debate, voting or any other nonministerial official action or nonaction on any bill, resolution, amendment, nomination, appointment, report or any other matter pending or proposed in a legislative committee or in either house of the general assembly. See Tennessee Code 3-6-301
  67. Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  68. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  69. 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
  70. lobby: includes communications by the contractor, subcontractor or other representative, and the contractor, subcontractor or other representative shall comply with the lobbying registration and other provisions of this part pertaining to lobbyists. See Tennessee Code 3-6-301
  71. Lobbying firm: means any firm, corporation, partnership or other business entity that regularly supplies lobbying services to others for compensation. See Tennessee Code 3-6-301
  72. Lobbyist: means any person who engages in lobbying for compensation. See Tennessee Code 3-6-301
  73. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  74. Month: means a calendar month. See Tennessee Code 1-3-105
  75. 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
  76. Oath: includes affirmation. See Tennessee Code 1-3-105
  77. Oath: A promise to tell the truth.
  78. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  79. Official in the executive branch: means the governor, any member of the governor's staff, any member or employee of a state regulatory commission, including, without limitation, commissioners of the Tennessee public utility commission, or any member or employee of any executive department or agency or other state body in the executive branch. See Tennessee Code 3-6-301
  80. Official in the legislative branch: means any member, member-elect, any staff person or employee of the general assembly or any member of a commission established by and responsible to the general assembly or either house of the general assembly who takes legislative action. See Tennessee Code 3-6-301
  81. Oversight: Committee review of the activities of a Federal agency or program.
  82. Paired delegate: means the delegate with whom an alternate delegate is paired as provided by this chapter. See Tennessee Code 3-18-102
  83. 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.
  84. Person: means any individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons. See Tennessee Code 3-6-301
  85. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  86. Probable cause: A reasonable ground for belief that the offender violated a specific law.
  87. Property: includes both personal and real property. See Tennessee Code 1-3-105
  88. Quorum: The number of legislators that must be present to do business.
  89. Random audit information: means information obtained pursuant to an examination of a lobbyist's employment contract, job description or other documentation in order to determine that no contingency fee arrangement prohibited under §. See Tennessee Code 3-6-301
  90. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  91. relative: means a parent, foster parent, parent-in-law, child, spouse, brother, foster brother, sister, foster sister, grandparent, grandchild, son-in-law, brother-in-law, daughter-in-law, sister-in-law, or other family member who resides in the same household. See Tennessee Code 3-1-202
  92. 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.
  93. Remand: When an appellate court sends a case back to a lower court for further proceedings.
  94. 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).
  95. 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
  96. Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  97. 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 federal savings and loan insurance corporation (FSLIC) or any successor of such corporation. See Tennessee Code 1-3-105
  98. Senate: means the senate of the general assembly. See Tennessee Code 3-18-102
  99. Service of process: The service of writs or summonses to the appropriate party.
  100. 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
  101. Solicit: means to entreat, to implore, to ask, to attempt, or to try to obtain. See Tennessee Code 3-6-301
  102. 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
  103. Statute: A law passed by a legislature.
  104. Subpoena: A command to a witness to appear and give testimony.
  105. Subpoena duces tecum: A command to a witness to produce documents.
  106. Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
  107. Teacher: means any person employed in a public school system as a teacher, helping teacher, teacher's aide, librarian, principal, supervisor, director of schools, or member of the administrative staff. See Tennessee Code 2-19-201
  108. Testify: Answer questions in court.
  109. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  110. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  111. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  112. Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  113. Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  114. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  115. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105