Tennessee Code > Title 30 > Chapter 2 – Management, Settlement and Distribution
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Terms Used In Tennessee Code > Title 30 > Chapter 2 - Management, Settlement and Distribution
- Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member, together with any amount transferred to the account of the member established pursuant to chapters 34-37 of this title from the respective account of the member under one (1) or more of the superseded systems, with interest thereon, as provided in §. See Tennessee Code 8-34-101
- Actuarial equivalent: means a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted for such purpose by the board of trustees. See Tennessee Code 8-34-101
- 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 :
(i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105 - 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.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appraisal: A determination of property value.
- 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
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Automobile auction: means :
(A) Any person offering motor vehicles for sale to the highest bidder where buyers are licensed motor vehicle dealers or their duly authorized agents. See Tennessee Code 55-17-102 - Automobile club or association: as used in this chapter , means any individual or entity, who in consideration of fees, dues, periodic payments, or other specifically stated charges, promises its members to provide automobile club services. See Tennessee Code 55-18-101
- Automotive dismantlers and recyclers: means any person, firm, association, corporation, or trust resident or nonresident, who is engaged in the business and/or providing facilities for the purpose of recovering parts from automobiles and trucks, which have been wrecked or otherwise rendered inoperable as transportation vehicles with the parts recovered being for resale and further reduce used automobiles and trucks to a condition capable of salvage for their metal scrap content by scrap processors. See Tennessee Code 55-17-102
- Automotive mobility dealer: means any motor vehicle dealer who:
(A) Exclusively engages in the business of selling, offering to sell, or soliciting or advertising the sale of adapted vehicles. See Tennessee Code 55-17-301 - 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
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- 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
- Beneficiary: means any person, persons or institution receiving a retirement allowance or other benefit as provided in chapters 34-37 of this title. See Tennessee Code 8-34-101
- Bequest: Property gifted by will.
- Bicycle: means every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than twenty inches (20") in diameter. See Tennessee Code 55-8-101
- board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
- Buying and selling service: means any act by an automobile club or association whereby the member of any automobile club or association is aided in any way in the purchase or sale of an automobile or the purchase or sale of any accessories or equipment related to automobiles or travel, or any purchase of travel services. See Tennessee Code 55-18-102
- Chauffeur: means every person who is employed by another for the principal purpose of driving a motor vehicle and every person who drives a school bus transporting school children or any motor vehicle when in use for the transportation of persons or property for compensation. See Tennessee Code 55-8-101
- Closed title: means an executed certificate of title indicating the motor vehicle dealer as the current owner or transferee. See Tennessee Code 55-17-102
- Closed title: means an executed certificate of title indicating the recreational vehicle dealer as the current owner or transferee. See Tennessee Code 55-17-401
- Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
- Commission: means the motor vehicle commission created by this part. See Tennessee Code 55-17-102
- Commission: means the Tennessee motor vehicle commission. See Tennessee Code 55-17-401
- Commissioner: means the commissioner of revenue. See Tennessee Code 55-1-111
- Commissioner: means the commissioner of revenue. See Tennessee Code 55-21-102
- Commissioner: means the commissioner of agriculture. See Tennessee Code 55-21-201
- Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 55-18-102
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Consumer: means the purchaser, other than for purposes of resale, or the lessee of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle, and any other person entitled by the terms of the warranty to enforce the obligations of the warranty. See Tennessee Code 55-24-101
- Contemplation of death: The expectation of death that provides the primary motive to make a gift.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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.
- Dealer: means every person engaged in the business of buying, selling or exchanging vehicles of a type required to be registered and who has an established place of business for that purpose in this state. See Tennessee Code 55-8-101
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the department of revenue. See Tennessee Code 55-21-102
- Department: means the department of agriculture. See Tennessee Code 55-21-201
- Department: means the department of safety, the department of revenue and the county clerk's office when acting as an agent of these departments, or the duly authorized agents or contractors thereof, responsible to compile and maintain motor vehicle records. See Tennessee Code 55-25-103
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Devise: To gift property by will.
- Director: means the director of the quality and standards division of the department. See Tennessee Code 55-21-201
- Disabled passenger: is a person who meets the requirements for disabled drivers established in subdivisions (3)(A)-(C). See Tennessee Code 55-21-102
- Disabled veteran: means a disabled driver who is a former member of the United States armed forces or a former or current member of a reserve or Tennessee national guard unit who was called into active military service of the United States, as defined in §. See Tennessee Code 55-21-102
- Disclose: means to engage in any practice or conduct to make available and make known personal information contained in a motor vehicle record about a person to any person, organization or entity, by any means of communication. See Tennessee Code 55-25-103
- Discount service: means any act by an automobile club or association resulting in the giving of special discounts, rebates or reductions of price on gasoline, oil, repairs, parts, accessories or service for motor vehicles or other goods and services, to members of any automobile club or association. See Tennessee Code 55-18-102
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Distributor: means any person who in whole or in part sells or distributes any new and unused recreational vehicles to recreational dealers or who maintains distributor representatives. See Tennessee Code 55-17-401
- Distributor branch: means a branch office similarly maintained by a distributor or wholesaler for the same purpose a factory branch is maintained. See Tennessee Code 55-17-102
- Distributor representative: means a representative employed by a distributor or employed by a distributor branch or wholesaler for the purpose of making or promoting the sale of motor vehicles or for supervising, servicing, instructing, procuring, contracting or contacting for any reason motor vehicle dealers or prospective motor vehicle dealers or their employees. See Tennessee Code 55-17-102
- Docket: A log containing brief entries of court proceedings.
- Driver: means :
(A) For purposes of a conventionally operated vehicle, every person who drives or is in actual physical control of a vehicle. See Tennessee Code 55-8-101 - Emergency road service: means any act by an automobile club or association consisting of the fuel delivery, extrication, lockout service, repair, replacement or other adjustment of the equipment, tires or mechanical parts of an automobile so as to permit it to be operated under its own power. See Tennessee Code 55-18-102
- 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 - Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- 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
- Established place of business: means a permanent structure or structures owned, leased or rented by a motor vehicle dealer providing signs, facilities and office space used exclusively for buying, selling, displaying, advertising, demonstrating, servicing or repairing motor vehicles or functional or nonfunctional parts of motor vehicles and where replacement parts, repair tools and equipment as well as the books and records needed to conduct the business are kept. See Tennessee Code 55-17-102
- Established place of business: means a permanent structure or structures owned, leased, or rented by a recreational vehicle dealer providing signs, facilities, and office space used exclusively for buying, selling, displaying, advertising, demonstrating, servicing, or repairing recreational vehicles or functional or nonfunctional parts of recreational vehicles and where replacement parts, repair tools, and equipment as well as the books and records needed to conduct the business are kept. See Tennessee Code 55-17-401
- 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.
- Ex officio: Literally, by virtue of one's office.
- 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
- Express consent: means consent in writing, including consent conveyed electronically that bears an electronic signature as defined in 15 U. See Tennessee Code 55-25-103
- Factory branch: means the branch office maintained by a manufacturer for the sale or transfer of motor vehicles to distributors or to motor vehicle dealers or which is maintained for directing and supervising the representatives of the manufacturer. See Tennessee Code 55-17-102
- Factory representative: means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of motor vehicles or for supervising, servicing, instructing, procuring, contracting or contacting for any reason motor vehicle dealers or prospective motor vehicle dealers or their employees. See Tennessee Code 55-17-102
- Factory representative: means a representative employed by a manufacturer for the purpose of making or promoting the sale of recreational vehicles or for supervising, servicing, instructing, procuring, controlling, or contacting for any reason recreational vehicle dealers or prospective recreational vehicle dealers or their employees. See Tennessee Code 55-17-401
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Fiduciary: A trustee, executor, or administrator.
- Financial service: means any act by an automobile club or association whereby loans or other financial services such as stored value cards, deposit products, or advances of money, with or without security, are made or provided to or arranged for members of any automobile club association. See Tennessee Code 55-18-102
- 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
- Franchise: means an oral or written agreement for a definite or indefinite period in which a manufacturer or distributor grants to a motor vehicle dealer a license to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of motor vehicles or services related thereto at wholesale, retail, leasing or otherwise. See Tennessee Code 55-17-102
- Fraud: Intentional deception resulting in injury to another.
- 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
- gasoline: means gasoline or other motor vehicle fuel. See Tennessee Code 55-21-201
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
- 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.
- Highly restricted personal information: means an individual's photograph or image, social security number, medical or disability information. See Tennessee Code 55-25-103
- Highway: means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Insurance service: means the selling or giving by an automobile club or association to a member of a policy of accident insurance covering liability or loss by a member as the result of death or personal injury or loss of or damage to the personal property of the member, or the selling of a hospital indemnity policy. See Tennessee Code 55-18-102
- Inter vivos: Transfer of property from one living person to another living person.
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Intestate: Dying without leaving a will.
- 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
- Legacy: A gift of property made by will.
- Legal service: means any act by an automobile club or association consisting of the hiring, retaining, engaging or appointing of an attorney or other person to give professional advice to, or represent, a member of any automobile club or association, in any court, as the result of liability incurred by the right of action accruing to the member as a result of the ownership, operation, use or maintenance of a motor vehicle. See Tennessee Code 55-18-102
- Legatee: A beneficiary of a decedent
- Lessee: means any consumer who leases a motor vehicle pursuant to a written lease agreement by which a manufacturer's warranty was issued as a condition of sale or which provides that the lessee is responsible for repairs to the motor vehicle. See Tennessee Code 55-24-101
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Local authorities: means every county, municipal and other local board or body having authority to enact ordinances or make regulations relating to traffic under the constitution and laws of this state. See Tennessee Code 55-8-101
- Manufacturer: means any person who manufactures or assembles new and unused motor vehicles or recreational vehicles, or who maintains factory representatives. See Tennessee Code 55-17-102
- Manufacturer: means any person who manufactures or assembles new and unused recreational vehicles, or who maintains factory representatives. See Tennessee Code 55-17-401
- Manufacturer: means every person engaged in the business of constructing or assembling vehicles of a type required to be registered at an established place of business in this state. See Tennessee Code 55-8-101
- Manufacturer: means any person who manufactures or assembles new or unused motor vehicles or, in the case of motor vehicles not manufactured in the United States, the importer of the motor vehicle. See Tennessee Code 55-24-101
- Map service: means any act by an automobile club or association by which road maps are furnished with or without cost to members of any automobile club or association. See Tennessee Code 55-18-102
- Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
- Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
- 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
- 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.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Motor vehicle: means any self-propelled motor-driven vehicle of the type and kind required to be registered and titled under chapter 1 of this title, and includes, but is not limited to, "motor vehicle" as defined in §. See Tennessee Code 55-17-102
- Motor vehicle: as used in this chapter , includes all vehicles propelled by any power other than muscular power, except traction engines, road rollers, fire and police vehicles, ambulances, agricultural tractors, tractor cranes, steam shovels, road building machinery, electric trucks with small wheels used in factories, warehouses, and railroad stations and operated principally on private property, and such vehicles run only upon rails or tracks. See Tennessee Code 55-15-103
- Motor vehicle: means any self-propelled vehicle that is designed for use upon the highway, including trailers and semitrailers designed for use with the vehicle, and every vehicle that is propelled by electric power obtained from overhead wires but not operated upon rails, except traction engines, road rollers and farm tractors. See Tennessee Code 55-23-102
- Motor vehicle: includes a motorcycle, as defined in §. See Tennessee Code 55-24-101
- Motor vehicle dealer: means any person not excluded by subdivision (17), engaged in the business of selling, offering to sell, soliciting or advertising the sale of motor vehicles or used recreational vehicles, or possessing motor vehicles or used recreational vehicles for the purpose of resale, either on that person's own account or on behalf of another, either as that person's primary business or incidental to that person's business. See Tennessee Code 55-17-102
- Motor vehicle record: means any records that pertain to a motor vehicle operator's or driver license or permit, motor vehicle registration, motor vehicle title, or identification document issued by a department of safety, or other state or local agency authorized to issue any of these forms of credentials. See Tennessee Code 55-25-103
- 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.
- Operator: means :
(A) For purposes of a conventionally operated vehicle, every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Tennessee Code 55-8-101 - Other services: means additional services furnished by an automobile club or association which augment or are incidental to any service performed by the automobile club or association as authorized under this chapter or any other service which is of assistance and is beneficial to its members and is feasible for the automobile club to render. See Tennessee Code 55-18-102
- Owner: means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter and chapter 10, parts 1-5 of this title. See Tennessee Code 55-8-101
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means every natural person, partnership, corporation, association, trust, estate, or any other legal entity. See Tennessee Code 55-17-102
- Person: means every natural person, partnership, corporation, association, trust, estate, or any other legal entity. See Tennessee Code 55-17-401
- Person: means an individual, firm, partnership, association, trustee, or corporation. See Tennessee Code 55-21-201
- Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
- Person: includes any natural person, firm, association, corporation or partnership. See Tennessee Code 55-23-102
- Person: means every natural person, partnership, corporation, association, trust, estate or other legal entity. See Tennessee Code 55-24-101
- Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101
- Person: means an individual, organization or entity, but does not include this state or an agency of this state. See Tennessee Code 55-25-103
- Personal information: means information that identifies a person, including an individual's photograph, or computerized image, social security number, driver identification number, name, address excluding the five-digit zip code, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving or equipment-related violations, and driver license or registration status. See Tennessee Code 55-25-103
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
- 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
- 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.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- 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.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Prior service: means service rendered prior to the date of membership in the retirement system for which credit was given under the terms of one (1) or more of the superseded systems as provided in part 6 of this chapter. See Tennessee Code 8-34-101
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probate: Proving a will
- Probate court: means the court having jurisdiction over the administration of the estates of decedents. See Tennessee Code 1-3-105
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes both personal and real property. See Tennessee Code 1-3-105
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public automobile auction: means offering motor vehicles for sale to the highest bidder where buyers are members of the public by any motor vehicle dealer licensed to sell used motor vehicles, and which dealer is licensed as a public automobile auctioneer by the Tennessee auctioneer commission. See Tennessee Code 55-17-102
- Public automobile auctioneer: means any individual who, for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving a fee, commission, or any other valuable consideration, by the means or process of auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase or exchange of goods, including motor vehicles. See Tennessee Code 55-17-102
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Quorum: The number of legislators that must be present to do business.
- Railroad: means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails. See Tennessee Code 55-8-101
- Record: includes all books, papers, photographs, photostats, cards, films, tapes, recordings, electronic data, printouts or other documentary materials regardless of physical form or characteristics. See Tennessee Code 55-25-103
- 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
- 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
- Refueling service: means the service of pumping gasoline into the fuel tank of a motor vehicle. See Tennessee Code 55-21-201
- 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.
- Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
- 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
- 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
- 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
- Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motor vehicle or interest therein or of any franchise related thereto, as well as any option, subscription or other contract, or solicitation looking to a sale, offer or attempt to sell in any form, whether spoken or written. See Tennessee Code 55-17-102
- Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, or mortgage in any form, whether by transfer in trust or otherwise, of any recreational vehicle or interest in such vehicle, as well as any option, subscription or other contract, or solicitation looking to sell, offer, or attempt to sell in any form, whether spoken or written. See Tennessee Code 55-17-401
- 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
- Semitrailer: means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. See Tennessee Code 55-8-101
- 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 §. See Tennessee Code 8-34-101
- Service of process: The service of writs or summonses to the appropriate party.
- Service retirement date: means the date on which a member first becomes eligible for a service retirement allowance, or would first become eligible for a service retirement allowance if the member were to remain in service until such date, as provided in §. 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
- State: means the state of Tennessee. See Tennessee Code 8-34-101
- 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 annuity: means annual payments for life derived from contributions by an employer. See Tennessee Code 8-34-101
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Street: means the entire width between boundary lines of every way when any part thereof is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101
- Subpoena: A command to a witness to appear and give testimony.
- Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
- Substantially impair: means to render a motor vehicle unreliable or unsafe for normal operation or to reduce its resale market value below the average resale value for comparable motor vehicles. See Tennessee Code 55-24-101
- Superseded system: means , where applicable, the Tennessee state retirement system, the Tennessee teachers' retirement system, the Tennessee judges' retirement system, the retirement system for county paid judges of Tennessee, the attorneys general retirement system of Tennessee, the public service commissioners' retirement system, and the Tennessee retirement system for county officials, any one (1) of them, or any combination thereof. See Tennessee Code 8-34-101
- Term of protection: means the term of applicable express warranties or the period of one (1) year following the date of original delivery of the motor vehicle to a consumer, whichever comes first. See Tennessee Code 55-24-101
- Testate: To die leaving a will.
- Testator: A male person who leaves a will at death.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Theft service: means any act by an automobile club or association the purpose of which is to locate, identify or recover a motor vehicle owned or controlled by a member of any automobile club or association, which has been, or may be, stolen or to detect or apprehend the person guilty of the theft. See Tennessee Code 55-18-102
- Touring service: includes any act by an automobile club or association by which touring information is furnished with or without cost to members of any automobile club or association or the making of arrangements or reservations for lodging or travel space, discounts for accommodations or vehicle rental, procurement of tickets or permits for travel to any place in the world for a member of any automobile club or association. See Tennessee Code 55-18-102
- Towing service: means any act by an automobile club or association consisting of the drafting or moving of a motor vehicle from one (1) place to another under other than its own power. See Tennessee Code 55-18-102
- Tractor: means any self-propelled vehicle designed or used as a traveling power plant or for drawing other vehicles, but having no provision for carrying loads independently. See Tennessee Code 55-8-101
- Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. See Tennessee Code 55-8-101
- Trailer: means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. See Tennessee Code 55-8-101
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trip interruption service: means the provision of or reimbursement for travel expenses, including food, lodging, and transportation to the member's intended destination if the member's motor vehicle is stolen or is rendered inoperable due to an accident, theft, or mechanical breakdown. See Tennessee Code 55-18-102
- Truck: means every motor vehicle designed, used or maintained primarily for the transportation of property. See Tennessee Code 55-8-101
- Trustee: A person or institution holding and administering property in trust.
- United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
- Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
- vehicle salesperson: means any person who is not excluded by subdivision (17), and who is:
(A) Employed by a licensed motor vehicle dealer who is engaged in the business of effecting or attempting to effect the sale or purchase of motor vehicles or used recreational vehicles owned by some other person to residents of the state, for which service some form of remuneration is expected, whether the remuneration be designated as a salary, fee commission, rental, or otherwise, and regardless of whether the remuneration is paid by the buyer, seller, or a third party. See Tennessee Code 55-17-102 - Vehicle salesperson: means a person licensed as a motor vehicle salesperson pursuant to part 1 of this chapter. See Tennessee Code 55-17-401
- Venue: The geographical location in which a case is tried.
- wholesaler: means any person who in whole or in part sells or distributes any new and unused motor vehicles to motor vehicle dealers or who maintains distributor representatives. See Tennessee Code 55-17-102
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
- 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