Part 1 General Provisions 40-12-101 – 40-12-107
Part 2 Investigative Grand Juries 40-12-201 – 40-12-218

Terms Used In Tennessee Code > Title 40 > Chapter 12 - Grand Jury Proceedings

  • 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.
  • Affiliate: means :

    1. A person who directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a person who holds the securities:
      1. As a fiduciary or agent without sole discretionary power to vote the securities. See Tennessee Code 66-3-302
      2. 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. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
        4. 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.
        5. Asset: means property of a debtor, but the term does not include:

          1. Property to the extent it is encumbered by a valid lien. See Tennessee Code 66-3-302
          2. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
          3. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
          4. 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.
          5. 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
          6. Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
          7. Claim: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. See Tennessee Code 66-3-302
          8. 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
          9. 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.
          10. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
          11. Continuance: Putting off of a hearing ot trial until a later time.
          12. Contract: A legal written agreement that becomes binding when signed.
          13. 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.
          14. Creditor: means a person who has a claim. See Tennessee Code 66-3-302
          15. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
          16. Debt: means liability on a claim. See Tennessee Code 66-3-302
          17. Debtor: means a person who is liable on a claim. See Tennessee Code 66-3-302
          18. Decedent: A deceased person.
          19. Deed: The legal instrument used to transfer title in real property from one person to another.
          20. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
          21. Devise: To gift property by will.
          22. Donee: The recipient of a gift.
          23. Electric cooperative: means an electric cooperative or electric membership corporation, whether organized or operating under chapter 25 of this title or similar statutes of any other state, which, as of June 19, 1997, distributes electric power purchased from the Tennessee Valley authority. See Tennessee Code 65-36-102
          24. 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
          25. 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.
          26. Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
          27. Fiduciary: A trustee, executor, or administrator.
          28. 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
          29. Fraud: Intentional deception resulting in injury to another.
          30. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
          31. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
          32. Grantor: The person who establishes a trust and places property into it.
          33. 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.
          34. 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.
          35. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
          36. Insider: includes :

            1. If the debtor is an individual:
              1. A relative of the debtor or of a general partner of the debtor. See Tennessee Code 66-3-302
              2. Inter vivos: Transfer of property from one living person to another living person.
              3. 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
              4. Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
              5. 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.
              6. Juror: A person who is on the jury.
              7. Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
              8. 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
              9. Lien: A claim against real or personal property in satisfaction of a debt.
              10. Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See Tennessee Code 66-3-302
              11. Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
              12. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
              13. Month: means a calendar month. See Tennessee Code 1-3-105
              14. Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
              15. Mortgagee: The person to whom property is mortgaged and who has loaned the money.
              16. municipal electric utility: means any governmental entity as defined in §. See Tennessee Code 65-36-102
              17. 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.
              18. Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
              19. 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.
              20. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
              21. Person: means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity. See Tennessee Code 66-3-302
              22. 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
              23. Plaintiff: The person who files the complaint in a civil lawsuit.
              24. 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.
              25. Probable cause: A reasonable ground for belief that the offender violated a specific law.
              26. Property: includes both personal and real property. See Tennessee Code 1-3-105
              27. Property: means anything that may be the subject of ownership. See Tennessee Code 66-3-302
              28. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
              29. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
              30. real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
              31. 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
              32. Relative: means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree. See Tennessee Code 66-3-302
              33. 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.
              34. 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).
              35. 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
              36. 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.
              37. 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
              38. 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
              39. Statute: A law passed by a legislature.
              40. Subpoena: A command to a witness to appear and give testimony.
              41. Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
              42. Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
              43. Testify: Answer questions in court.
              44. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
              45. 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.
              46. Transfer: means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance. See Tennessee Code 66-3-302
              47. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
              48. Trustee: A person or institution holding and administering property in trust.
              49. Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
              50. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
              51. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
              52. Writ: A formal written command, issued from the court, requiring the performance of a specific act.
              53. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
              54. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105