Part 1 General Provisions 40-13-101 – 40-13-112
Part 2 Form and Sufficiency 40-13-201 – 40-13-221
Part 3 Capias 40-13-301 – 40-13-304

Terms Used In Tennessee Code > Title 40 > Chapter 13 - Indictments

  • 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

    • 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.
    • 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.
    • 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.
    • Board: means the board of water quality, oil and gas established pursuant to §. See Tennessee Code 69-7-303
    • Board: means the board of directors of a watershed district. See Tennessee Code 69-6-102
    • 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 environment and conservation, the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of environment and conservation. See Tennessee Code 69-7-303
    • 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.
    • 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.
    • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
    • 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.
    • District: means a watershed district for which organization is proposed or which has been granted under this chapter. See Tennessee Code 69-6-102
    • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
    • 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.
    • Executive session: A portion of the Senate's daily session in which it considers executive business.
    • Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
    • Felony: A crime carrying a penalty of more than a year in prison.
    • Fraud: Intentional deception resulting in injury to another.
    • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
    • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
    • 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.
    • 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.
    • 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.
    • Juror: A person who is on the jury.
    • Land: means "real property" as defined by the laws of this state and includes, but is not limited to, easements, water rights, or any other interest in real property. See Tennessee Code 69-6-102
    • Landowner: means any person owning any interest in land located in a district, including tenants in common, tenants by the entireties, joint tenants, life tenants, owners of dower or curtesy rights, vested beneficiaries of the remainder interests, and the holders of leasehold interests of more than three (3) years' duration. See Tennessee Code 69-6-102
    • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
    • 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
    • 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.
    • 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
    • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
    • 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
    • Oath: includes affirmation. See Tennessee Code 1-3-105
    • 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
    • Person: means any individual, corporation, company, limited liability company, partnership, association, group, utility district, federal, state or local government agency, or any combination of them. See Tennessee Code 69-7-303
    • Person: means any person, firm, partnership, association or corporation. See Tennessee Code 69-6-102
    • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
    • 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.
    • Property: includes both personal and real property. See Tennessee Code 1-3-105
    • Publication: means the publication in a newspaper or newspapers admitted to the United States mail as second-class matter, of general circulation within the watershed district. See Tennessee Code 69-6-102
    • 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
    • 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
    • Source: means a location where surface or ground water is available, including, but not limited to, a water well, cave, spring, stream, river, lake, or impoundment. See Tennessee Code 69-7-303
    • 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.
    • Subpoena: A command to a witness to appear and give testimony.
    • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
    • 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.
    • 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
    • Withdraw: means to take water from any source on a regular or recurring basis by means of an intake structure, pipe and pump that diverts water away from a source, or by any other conveyance with or without the use of suction. See Tennessee Code 69-7-303
    • 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