Terms Used In Tennessee Code > Title 26 > Chapter 2 > Part 4 - Executions and Garnishments in Aid of Executions

• Advisory board: means the state advisory board for community-based vocational rehabilitation services. See Tennessee Code 49-11-702
• 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.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• center: means a rehabilitation center authorized under this part. See Tennessee Code 49-11-702
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Commissioner: means the commissioner of human services. See Tennessee Code 49-11-602
• Commissioner: means the commissioner of human services. See Tennessee Code 49-11-702
• Community-based vocational rehabilitation services: means vocational rehabilitation services provided by the vocational rehabilitation program in partnership with the local community as authorized under this part. See Tennessee Code 49-11-702
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of human services. See Tennessee Code 49-11-602
• Department: means the department of human services. See Tennessee Code 49-11-702
• Devise: To gift property by will.
• Director: means director of the vocational rehabilitation program. See Tennessee Code 49-11-602
• Director: means director of the vocational rehabilitation program. See Tennessee Code 49-11-702
• Division: means the division of rehabilitation services. See Tennessee Code 49-11-602
• Division: means the division of rehabilitation services. See Tennessee Code 49-11-702
• Donor: The person who makes a gift.
• 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}
• Ex officio: Literally, by virtue of one's office.
• 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.
• 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
• Grant: means a qualified work-based learning grant issued pursuant to this part. See Tennessee Code 49-11-901
• Grant fund: means the qualified work-based learning grant fund established by §. See Tennessee Code 49-11-901
• 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.
• Individual with a disability: means an individual of employable age who has a disability that constitutes a substantial barrier to employment, but that is of such a nature that appropriate vocational rehabilitation services may reasonably be expected to:
  (A) Render the individual able to engage in a remunerative occupation. See Tennessee Code 49-11-602
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Maintenance: means the provision of money to cover a handicapped individual's necessary living expenses and health maintenance essential to achieving the handicapped individual's vocational rehabilitation. See Tennessee Code 49-11-602
• Month: means a calendar month. See Tennessee Code 1-3-105
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonprofit: when used with respect to a rehabilitation facility or a workshop, means a rehabilitation facility and a workshop, respectively, owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under §. See Tennessee Code 49-11-602
• 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.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Physical restoration: includes :
  (A) Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that is stable or slowly progressive and:

  (i) Constitutes a substantial barrier to employment. See Tennessee Code 49-11-602
• 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}
• Program operator: means a nonprofit entity that has entered into an agreement with THEC to administer the program established by this part. See Tennessee Code 49-11-901
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Qualified work-based learning student: means a student who is sixteen (16) years of age or older, enrolled in:
  (A) A Tennessee public high school, and participating in a work-based learning course for academic credit or credit toward completion of a career and technical education program. See Tennessee Code 49-11-901
• Quorum: The number of legislators that must be present to do business.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Rehabilitation facility: means a facility operated for the primary purpose of assisting in the rehabilitation of physically handicapped individuals:
  (A) That provides one (1) or more of the following types of services:

  (i) Testing, fitting or training in the use of prosthetic devices. See Tennessee Code 49-11-602
• 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.
• Remunerative occupation: includes employment as an employee or self-employed, practice of a profession, homemaking or farm and family work for which payment is in kind rather than cash, sheltered employment and home industry or other homebound work of a remunerative nature. See Tennessee Code 49-11-602
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• THEC: means the Tennessee higher education commission. See Tennessee Code 49-11-901
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Vocational rehabilitation: means making an individual able, or increasing the individual's ability, to:
  (A) Engage in a remunerative occupation. See Tennessee Code 49-11-602
• Vocational rehabilitation services: means :
  (A) Diagnostic and related services, including transportation, incidental to the determination of whether an individual is a handicapped individual, and if so, the individual's eligibility for, and the nature and scope of, other vocational rehabilitation services to be provided. See Tennessee Code 49-11-602
• Work-based learning: means the application of academic and technical knowledge in a work setting that involves actual work experience. See Tennessee Code 49-11-901
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105