§ 29-39-101 Chapter definitions
§ 29-39-102 Civil damage awards
§ 29-39-103 Findings by trier of fact
§ 29-39-104 Punitive damages

Terms Used In Tennessee Code > Title 29 > Chapter 39

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Average final compensation: means the average annual earnable compensation of a member during the five (5) consecutive years of the member's creditable service affording the highest such average, or during all of the years in the member's creditable service if less than five (5) years. See Tennessee Code 8-34-101
  • board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
  • 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.
  • Creditable service: means prior service plus membership service, as provided in part 6 of this chapter. See Tennessee Code 8-34-101
  • 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.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Display fireworks: means those fireworks designed primarily to produce visible or audible effects by combustion, deflagration or detonation and that are classified as 1. See Tennessee Code 68-104-202
  • Earnable compensation: includes , but is not limited to, any bonus or incentive payment. See Tennessee Code 8-34-101
  • Economic damages: means damages, to the extent they are provided by applicable law, for: objectively verifiable pecuniary damages arising from medical expenses and medical care, rehabilitation services, mental health treatment, custodial care, loss of earnings and earning capacity, loss of income, burial costs, loss of use of property, repair or replacement of property, obtaining substitute domestic services, loss of employment, loss of business or employment opportunities, and other objectively verifiable monetary losses. See Tennessee Code 29-39-101
  • Employer: means :

    • (A) The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101

    • Event: means any function or gathering at which there will be a fireworks display, a pyrotechnic display, a flame effect display or any combination of these displays. See Tennessee Code 68-104-202
    • 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.
    • Felony: A crime carrying a penalty of more than a year in prison.
    • Fire marshal: means the state fire marshal. See Tennessee Code 68-104-202
    • Flame effect: means the combustion of an inflammable solid, liquid or gas to produce thermal, physical, visual or audible phenomena before an audience as defined by NFPA 160. See Tennessee Code 68-104-202
    • 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.
    • Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
    • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
    • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
    • NFPA: means the National Fire Protection Association. See Tennessee Code 68-104-202
    • Noneconomic damages: means damages, to the extent they are provided by applicable law, for: physical and emotional pain. See Tennessee Code 29-39-101
    • Outdoor fireworks display: means a presentation of display fireworks for a public or private gathering as defined by NFPA 1123. See Tennessee Code 68-104-202
    • Permit: means the written authority of the state fire marshal issued under the authority of this chapter. See Tennessee Code 68-104-101
    • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
    • Person: means any individual, firm, partnership or corporation. See Tennessee Code 68-104-101
    • Plaintiff: The person who files the complaint in a civil lawsuit.
    • Property: includes both personal and real property. See Tennessee Code 1-3-105
    • Proximate pyrotechnic display: means the use of pyrotechnic devices and materials, 1. See Tennessee Code 68-104-202
    • Proximate pyrotechnics: means pyrotechnic devices for professional use only, used outdoors or indoors, that are similar to consumer fireworks in chemical composition and construction, but that are not intended for consumer use, and that are defined by NFPA 1126 as 1. See Tennessee Code 68-104-202
    • 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
    • Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
    • Retirement allowance: means the sum of the member annuity and the state annuity. See Tennessee Code 8-34-101
    • Retirement system: means the Tennessee consolidated retirement system as defined in §§. See Tennessee Code 8-34-101
    • Sale: means an exchange of articles of fireworks for money and also includes barter, exchange, gift or offer thereof, and each such transaction made by any person, whether as principal, proprietor, salesperson, agent, association, copartnership, or one (1) or more individuals. See Tennessee Code 68-104-101
    • Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §§ 3-401 and 3-406. See Tennessee Code 8-34-101
    • 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
    • Special fireworks: means :

      • (A) All articles of fireworks that are classified as Class B explosives in the regulations of the United States department of transportation. See Tennessee Code 68-104-101

      • Sponsor: means any person or organization that contracts with a licensed exhibitor or certified operator to perform a fireworks display, proximate pyrotechnic display, flame effect display or any combination of these displays. See Tennessee Code 68-104-202
      • 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
      • State: means the state of Tennessee. See Tennessee Code 8-34-101
      • Statute: A law passed by a legislature.
      • 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.
      • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
      • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
      • Verdict: The decision of a petit jury or a judge.
      • 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