Part 1 Sovereignty and Jurisdiction 4-1-101 – 4-1-109
Part 2 Grand Divisions and State Capital 4-1-201 – 4-1-205
Part 3 State Symbols 4-1-301 – 4-1-344
Part 4 Miscellaneous 4-1-401 – 4-1-421
Part 5 4-1-501 – 4-1-504

Terms Used In Tennessee Code > Title 4 > Chapter 1 - General Provisions

  • Abusive civil action: means a civil action filed by a plaintiff against a defendant with whom the plaintiff shares a civil action party relationship primarily to harass or maliciously injure the defendant and at least one (1) of the following factors are applicable:
    (A) Claims, allegations, and other legal contentions made in the civil action are not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law. See Tennessee Code 29-41-101
  • Abusive civil action plaintiff: means a person who files a civil action that a court of record has determined to be an abusive civil action and against whom prefiling restrictions have been imposed pursuant to this chapter. See Tennessee Code 29-41-101
  • Accounting period: means a calendar year unless another twelve-month period is selected by a fiduciary. See Tennessee Code 35-6-102
  • 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pursuant to chapters 34-37 of this title from the respective account of the member under one (1) or more of the superseded systems, with interest thereon, as provided in §.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.
  • Affiliate: means :
    (A)
    (i) Any person who, directly or indirectly, beneficially owns, controls or holds the power to vote fifteen percent (15%) or more of the outstanding voting securities or other voting ownership interest of a TNInvestco or insurance company. See Tennessee Code 4-28-102
  • Affiliate: means :
    (A) With respect to an individual:
    (i) A companion of the individual. See Tennessee Code 29-40-102
  • Agreement: means the federal-state agreement between the federal agency and the state of Tennessee entered into on August 16, 1951, as authorized by the Social Security Enabling Act for the purpose of extending coverage under Title II of the Social Security Act (42 U. See Tennessee Code 8-38-101
  • Agricultural development loan program: means the authority's program of providing loans to lenders or purchasing loans from lenders for the purpose of making funds available for the financing of agricultural enterprises. See Tennessee Code 4-31-102
  • Agricultural enterprise: means the acquisition, reconstruction or improvement of land or buildings or other improvements thereto, or any combination thereof, and any breeding stock and machinery or equipment necessary or suitable for use in farming, ranching, the production of agricultural commodities, including the products of agriculture and silviculture, or necessary and suitable for treating, processing, storing or transporting raw agricultural commodities. See Tennessee Code 4-31-102
  • 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
  • Allegation: something that someone says happened.
  • Allocation date: means the date on which investment tax credits under §. See Tennessee Code 4-28-102
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • Antifreeze: means any substance or preparation sold, distributed or intended for use as the cooling liquid or to be added to the cooling liquid in the cooling system of internal combustion engines of motor vehicles to prevent freezing of the cooling liquid or to lower its freezing point. See Tennessee Code 68-131-102
  • 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.
  • Appropriate county or municipality: means the legislative body of the county or municipality that, by resolution or ordinance, respectively, created the emergency communications district. See Tennessee Code 7-86-103
  • 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
  • Approved inspection agency: means a person, organization or local government approved by the commissioner to be especially qualified by reason of facilities, personnel, experience, and demonstrated reliability, to investigate, test, evaluate and inspect modular building units, systems, or the component parts of modular building units together with the plans, specifications, and quality control procedures to ensure that such units, systems, or component parts are in full compliance with the standards adopted by the commissioner pursuant to this part and to label such units complying with those standards. See Tennessee Code 68-126-303
  • Arrest: Taking physical custody of a person by lawful authority.
  • Art supplies: includes :
    (A) Any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or retailer as being suitable for use in any phase of the creation of any work of visual or graphic art of any medium. See Tennessee Code 68-131-303
  • Assessed value: means value as assessed for municipal property tax purposes. See Tennessee Code 7-84-603
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Associated municipality: means the municipality for the benefit of which an energy acquisition corporation is organized. See Tennessee Code 7-39-102
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney general: means the attorney general and reporter and any assistant thereto by whatever name known, any district attorney general and any assistant thereto by whatever name called, and any officer or full-time employee of the general assembly or any committee thereof established by statute, who is duly licensed to practice law in Tennessee, whose duty it is to provide facilities for drafting bills or to assist individual legislators in drafting bills or who renders legal advice and services to the members of the general assembly or committees thereof. See Tennessee Code 8-34-101
  • Attorney general and reporter: means the attorney general and reporter of Tennessee. See Tennessee Code 8-42-101
  • Authority: means the Tennessee local development authority, a public agency and instrumentality of the state, created by this chapter, or if such authority shall be abolished, the board, body, commission or agency succeeding to the principal functions thereof or to which the powers and duties granted or imposed upon the authority shall be given by law. See Tennessee Code 4-31-102
  • 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
  • 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.
  • Banned hazardous substance: means :
    (i) Any toy or other article intended for use by children, that:
    (a) Is a hazardous substance. See Tennessee Code 68-131-102
  • Base investment amount: means fourteen million dollars ($14,000,000) in the case of a qualified TNInvestco receiving one (1) allocation of tax credits and twenty eight million dollars ($28,000,000) in the case of a qualified TNInvestco receiving two (2) allocations of tax credits, which must be available in cash or cash equivalents immediately following the investment by a TNInvestco's participating investors and its owners. See Tennessee Code 4-28-102
  • Beneficiary: includes , in the case of a decedent's estate, an heir, legatee, and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary. See Tennessee Code 35-6-102
  • 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
  • Bid bond: means a bond conditioned upon the entering into a contract by a bidder, if the bidder receives the award thereof, and furnishing the prescribed payment bond and performance bond. See Tennessee Code 4-26-102
  • Bittering agent: means denatonium benzoate. See Tennessee Code 68-131-102
  • Board: means the board of assessment commissioners. See Tennessee Code 7-84-103
  • Board: as used in this part , means a board of waterworks and/or sewerage commissioners as required and authorized in this section, constituted and appointed as provided in §. See Tennessee Code 7-35-406
  • board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
  • Bond: means any bond authorized and issued pursuant to this chapter. See Tennessee Code 4-31-102
  • Bonds: means bonds, notes, interim certificates or other obligations of a corporation issued pursuant to this chapter. See Tennessee Code 7-39-102
  • Capital project: means the same as "public works project" as defined in §. See Tennessee Code 4-31-102
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Chambers: A judge's office.
  • Charter: means a document containing a unified government structure, pursuant to this chapter, that constitutes the fundamental law of the unified government. See Tennessee Code 7-21-104
  • Charter commission: means a commission established to propose the charter to the voters for adoption as provided in this chapter. See Tennessee Code 7-21-104
  • City: means any city or territory to be incorporated that may adopt chapters 30-36 of this title. See Tennessee Code 6-30-102
  • City governing body: means the city council or other public agency possessing power and authority usually possessed by a city council. See Tennessee Code 7-1-101
  • City legislative body: means the city council, board of mayor and aldermen or other body possessing the legislative power and authority of the government of a municipality. See Tennessee Code 7-21-104
  • Civil action: means a civil action, as defined in Rule 2 of the Tennessee Rules of Civil Procedure. See Tennessee Code 29-41-101
  • Civil action defendant: means a person or persons against whom a civil action has been filed that a court of record has determined to be an abusive civil action and imposed prefiling restrictions against the abusive civil action plaintiff pursuant to this chapter. See Tennessee Code 29-41-101
  • Civil action party relationship: means the plaintiff commencing a civil action and the civil action defendant fall within one (1) of the following categories:
    (A) Adults who are current or former spouses. See Tennessee Code 29-41-101
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • CMRS: means commercial mobile radio service under §. See Tennessee Code 7-86-103
  • 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
  • Commerce: means any and all commerce within the state of Tennessee and subject to the jurisdiction of the state of Tennessee, and includes the operation of any business or service establishment. See Tennessee Code 68-131-102
  • Commercial mobile radio service provider: means any person, corporation, or entity licensed by the federal communications commission to offer CMRS in the state of Tennessee, and includes, but is not limited to, broadband personal communications service, cellular radio telephone service, geographic area SMR services in the 800 MHz and 900 MHz bands that offer real-time, two-way voice service that is interconnected with the public switched network, incumbent wide area SMR licensees, or any other cellular or wireless telecommunications service to any service user. See Tennessee Code 7-86-103
  • Commission: means the state building commission. See Tennessee Code 4-15-107
  • Commission: means the commission on firefighting personnel standards and education created by this chapter. See Tennessee Code 4-24-201
  • Commission: means the Tennessee human rights commission. See Tennessee Code 4-21-102
  • Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 68-126-202
  • Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 68-126-303
  • Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 68-126-402
  • Commissioner: means the commissioner of agriculture or the commissioner's legally authorized representative or agent. See Tennessee Code 68-131-102
  • Commissioner: means the commissioner of economic and community development. See Tennessee Code 4-26-102
  • Commissioner: means any person in office as a member of the public service commission, as prescribed by title 65, chapter 1, prior to June 30, 1996. See Tennessee Code 8-34-101
  • Commissioner of social security: includes any individual to whom the commissioner of social security has delegated any of the commissioner's functions under the Social Security Act (42 U. See Tennessee Code 8-38-101
  • 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.
  • Communications service: means a service that:
    (A) Is capable of contacting and has been enabled to contact a public safety answering point (PSAP) via a 911 network by entering or dialing the digits 911. See Tennessee Code 7-86-103
  • Companion: means :
    (A) The spouse of an individual. See Tennessee Code 29-40-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Component: means any assembly, sub-assembly, or combination of elements for use as a part of a modular building unit, which may include the structural, electrical, mechanical, plumbing, fire protection, or other structurally integrated system or systems thereof affecting life safety. See Tennessee Code 68-126-303
  • construction: means the building, reconstruction, creation, replacement, extension, repairing, betterment, improvement, alteration, equipment, extension or acquisition of capital projects, including, but not limited to, the acquisition of land and of rights in land, the engineering, architectural designs, plans, working drawings, specifications, procedures and other action necessary in the construction of such capital projects, and the inspection and supervision of such capital projects. See Tennessee Code 4-31-403
  • Consumer: means a person who purchases retail communications service or prepaid communications services in a retail transaction. See Tennessee Code 7-86-103
  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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.
  • Corrosive: means any substance that, in contact with living tissue, will cause destruction of tissue by chemical action, but does not refer to action on inanimate surfaces. See Tennessee Code 68-131-102
  • Costs: means cost of labor, materials, equipment necessary to complete an improvement, land, easements, and other necessary expenses connected with an improvement, including preliminary and other surveys, inspections of the work, engineers' fees and costs, attorneys' fees, fiscal agents' fees, preparation of plans and specifications, publication expenses, interest that may become due on bonds before collection of the first improvement assessments, a reasonable allowance for unforeseen contingencies, and other costs of financing. See Tennessee Code 7-33-301
  • Counsel: means any practicing attorney licensed to practice law in the state. See Tennessee Code 8-42-101
  • County: means any county whose voters have adopted a county charter government. See Tennessee Code 7-21-104
  • County: means the county in which any such city or territory to be incorporated under chapters 30-36 of this title is located, or in which the major portion of the population of any such city or territory to be incorporated is located as indicated by the last federal census. See Tennessee Code 6-30-102
  • County legislative body: means that body vested by either the county charter or general law with the legislative powers of the county government. See Tennessee Code 7-21-104
  • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  • County official: means a county clerk, a clerk of a circuit court, a criminal court, or a probate court, a clerk and master of a chancery court, a clerk of a general sessions court where such general sessions court has an independent clerk who serves such court only, a register of deeds, a county trustee, a sheriff, a county road superintendent elected by a county legislative body, by a county road commission or commissioners, or by popular vote, and an assessor of property, any county commissioner elected by popular vote, serving in a county having a county commission form of government. See Tennessee Code 8-34-101
  • Court: means a chancery court in this state. See Tennessee Code 29-40-102
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Covered compensation: means , with respect to any calendar year, the amount of a member's earnable compensation subject to contributions under the Federal Insurance Contributions Act (26 U. See Tennessee Code 8-34-101
  • 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.
  • Date of establishment: means the date as of which the retirement system is established as provided in §. See Tennessee Code 8-34-101
  • Dealer: has the meaning set forth in §. See Tennessee Code 7-86-103
  • 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 commerce and insurance. See Tennessee Code 68-126-303
  • Department: means the Tennessee department of agriculture. See Tennessee Code 68-131-102
  • Department: means the department of economic and community development. See Tennessee Code 4-26-102
  • Department: means the department of environment and conservation, or, if the department shall be abolished, the board, body, commission or agency succeeding to the principal functions thereof or to which the powers and duties granted or imposed upon the department shall be given by law. See Tennessee Code 4-31-102
  • Dependent: A person dependent for support upon another.
  • 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.
  • Designated capital: means an amount of money that is invested by a participating investor in a qualified TNInvestco. See Tennessee Code 4-28-102
  • detention: includes the duties of employees assigned to guard individuals incarcerated in any penal institution. See Tennessee Code 4-21-407
  • Direct dispatch method: means a 911 service in which a public service answering point, upon receipt of a telephone request for emergency services, provides for the dispatch of appropriate emergency service units and a decision as to the proper action to be taken. See Tennessee Code 7-86-103
  • Director: means the director of the office of business enterprise. See Tennessee Code 4-26-102
  • Disability: means a physical impairment that, in the written opinion of a person's licensed physician, substantially limits one (1) or more of the major life activities of such person and is expected to continue to exist for more than five (5) years. See Tennessee Code 4-26-102
  • Disability: means , with respect to a person:
    (i) A physical or mental impairment that substantially limits one (1) or more of such person's major life activities. See Tennessee Code 4-21-102
  • disabled: means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than twelve (12) months. See Tennessee Code 8-34-101
  • Disadvantaged business: means a business that is solely owned, or at least fifty-one percent (51%) of the outstanding stock of which is owned, by a person who is either:
    (A) By reason of social background unable to obtain technical, business or financial assistance of a quality or quantity similar to that available to the average business. See Tennessee Code 4-26-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discriminatory practices: means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, creed, color, religion, sex, age or national origin. See Tennessee Code 4-21-102
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • District: means the central business district created by ordinance or resolution by a municipality, or a corridor of central business districts created by joint agreement of two (2) or more municipalities. See Tennessee Code 7-84-103
  • District: means any emergency communications district created pursuant to this part. See Tennessee Code 7-86-103
  • District management corporation: means the board or organization created or appointed pursuant to §. See Tennessee Code 7-84-603
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • 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
  • Economic development agreement: includes , but is not limited to, leases or other agreements with private entities under the industrial development program provided in title 7, chapter 53, and redevelopment plans and agreements containing tax increment financing provisions authorized under title 13, chapter 20, including development authorities created by private act, as authorized pursuant to §. See Tennessee Code 4-17-102
  • Electrical: means of or pertaining to the flow of an electrical charge or to electrons in motion. See Tennessee Code 68-131-102
  • Employee: includes an officer of a state or political subdivision thereof. See Tennessee Code 8-38-101
  • Employer: means the state, or any political or civil subdivision thereof, and persons employing eight (8) or more persons within the state, or any person acting as an agent of an employer, directly or indirectly. See Tennessee Code 4-21-102
  • 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
  • Employer: means the state, a political subdivision, or a local instrumentality of either. See Tennessee Code 8-38-101
  • Employment: means any service performed by an employee in the employ of the state, or any political subdivision thereof, for such employer, except:
    (A) Service which, in the absence of an agreement entered into under this chapter, would constitute "employment" as defined in the Social Security Act. See Tennessee Code 8-38-101
  • Employment agency: means any person or agency, public or private, regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer. See Tennessee Code 4-21-102
  • End date profit share percentage: means a fee paid to the state by a qualified TNInvestco as provided in §. See Tennessee Code 4-28-102
  • energy acquisition corporation: means a public corporation formed under this chapter, which shall be a public instrumentality of its associated municipality and of the state of Tennessee. See Tennessee Code 7-39-102
  • Energy distribution system: means a system for the distribution of natural gas or electric power that is owned or operated by a municipality or any board or agency of the municipality. See Tennessee Code 7-39-102
  • Entity: means an owner or operator of a business, the state, or a local government. See Tennessee Code 7-86-402
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Establishment ordinance: means the ordinance of the governing body adopted pursuant to §. See Tennessee Code 7-84-603
  • 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
  • Executory contract: means a contract, including a lease, under which each party has an unperformed obligation and the failure of a party to complete performance would constitute a material breach. See Tennessee Code 29-40-102
  • Familial status: means one (1) or more individuals, who have not attained eighteen (18) years of age, being domiciled with:
    (A) A parent or another person having legal custody of such individual or individuals. See Tennessee Code 4-21-102
  • Family: includes a single individual. See Tennessee Code 4-21-102
  • Federal communications commission order: means the Order of the Federal Communications Commission, FCC Docket 94-102, adopted on June 12, 1996, and released on July 26, 1996, and any subsequent amendments, and includes other federal communications commission rules and orders relating to CMRS providers, CMRS, and wireless enhanced 911 service. See Tennessee Code 7-86-103
  • Federal Insurance Contributions Act: means chapter 21 of the federal Internal Revenue Code of 1954 (26 U. See Tennessee Code 8-38-101
  • Fees and other expenses: means those reasonable attorney's fees and expert witness fees as determined by the court plus reasonable expenses and court costs, but does not include any portion of an attorney's fees or salary paid by a unit of local, state, or federal government for the attorney's services in the case. See Tennessee Code 29-37-103
  • Fiduciary: A trustee, executor, or administrator.
  • Financial institution: means a bank, banking organization, mortgage company, insurance company or other lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, maintenance or improvements of real property, or an individual employed by or acting on behalf of any of these. See Tennessee Code 4-21-102
  • Fire department: means a department of a municipality, county, or political subdivision, or an organization, agency, or entity that offers its services, for or without pay, for the purpose of suppressing fires, performing rescue services, or for other emergency response purposes. See Tennessee Code 4-24-201
  • Firefighter: means an employee, the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position. See Tennessee Code 4-21-407
  • Firefighter: means a person in the employ of a unit of government fire department that is registered and recognized by the state fire marshal and is required to extinguish and control fires or fire-related incidents. See Tennessee Code 4-24-201
  • 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.
  • 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
  • Foreign country: means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
    (A) Which has been declared under the law of the United States to be a foreign reciprocating country. See Tennessee Code 36-5-2101
  • Foreign support order: means a support order of a foreign tribunal. See Tennessee Code 36-5-2101
  • 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
  • Governing body: means the council, commission, board or other body exercising general legislative power in the municipality. See Tennessee Code 7-84-603
  • Governing body: means , with respect to a municipality that is an associated municipality of, or purchaser of gas from, an acquisition corporation established to exercise the powers described in this chapter with respect to natural gas and natural gas substitutes, any board, commission or other instrumentality of such municipality having jurisdiction, control and management of the gas distribution system of that municipality, and, with respect to a municipality that is an associated municipality of, or purchaser of electrical power from, an acquisition corporation established to exercise the powers described in this chapter with respect to electrical power, any board, commission or other instrumentality of such municipality having jurisdiction, control and management of the electrical power distribution system of that municipality. See Tennessee Code 7-39-102
  • Governing body: means the board or body in which the general legislative powers of a municipality are vested. See Tennessee Code 7-33-301
  • Governmental entity: means any state agency, authority, board, commission, department, or office within the executive or judicial branch of state government or any autonomous state agency, authority, board, commission, department, office, or institution of higher education. See Tennessee Code 8-31-102
  • Governmental unit: means an office, department, division, bureau, board, commission, or other agency of this state or a subdivision of this state. See Tennessee Code 29-40-102
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Harass or maliciously injure: means the civil action determined to be an abusive civil action was filed with the intent or was primarily designed to:
    (A) Exhaust, deplete, impair, or adversely impact the civil action defendant's financial resources unless:
    (i) Punitive damages are requested and appropriate. See Tennessee Code 29-41-101
  • Hazardous materials: includes :
    (A) Materials designated as hazardous by any governmental agency. See Tennessee Code 68-131-201
  • Hazardous substance: means :
    (i) Any substance or mixture of substances that:
    (a) Is toxic. See Tennessee Code 68-131-102
  • Highly toxic: means any substance that falls within any of the following categories:
    (i) Produces death within fourteen (14) days in one half (½. See Tennessee Code 68-131-102
  • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Housing accommodation: includes improved and unimproved property and means a building, structure, lot or part thereof that is used or occupied, or is intended, arranged or designed to be used or occupied, as the home or residence of one (1) or more individuals. See Tennessee Code 4-21-102
  • Illegal drug: means a drug, the distribution of which is a violation of state law. See Tennessee Code 29-38-104
  • Illegal drug market: means the support system of illegal drug related operations, from production to retail sales, through which an illegal drug reaches the user. See Tennessee Code 29-38-104
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Improvement: means the construction, installation or substantial reconstruction of sanitary sewers. See Tennessee Code 7-33-301
  • Improvement assessment: means an assessment made each year against benefited property to pay the costs of an improvement, in the proportion that the assessed value of each parcel or lot of benefited property bears to the total assessed value of all benefited property according to the latest assessments of such property for purposes of municipal property taxation or as provided by this part. See Tennessee Code 7-33-301
  • In the line of duty: means in the course of employment and in the actual discharge of the duties of the position. See Tennessee Code 4-1-501
  • Income: means money or property that a fiduciary receives as current return from a principal asset. See Tennessee Code 35-6-102
  • Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. See Tennessee Code 36-5-2101
  • Income interest: means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion. See Tennessee Code 35-6-102
  • Income-withholding order: means an order or other legal process directed to an obligor's employer or other debtor, as provided for in part 5 of this chapter, to withhold support from the income of the obligor. See Tennessee Code 36-5-2101
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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.
  • Individual drug user: means the individual whose illegal drug use is the basis of an action brought under this chapter. See Tennessee Code 29-38-104
  • Industrial development authority: means the Tennessee industrial development authority, or, if the industrial development authority shall be abolished, the board, body, commission or agency succeeding to the principal functions thereof or to which the powers and duties granted or imposed upon the industrial development authority shall be given by law. See Tennessee Code 4-31-102
  • Initiating petition: means the petition filed pursuant to §. See Tennessee Code 7-84-603
  • Initiating resolution: means the resolution adopted by the governing body pursuant to §. See Tennessee Code 7-84-603
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • inner-city redevelopment district: means the inner-city redevelopment district created by the establishment ordinance of the municipality. See Tennessee Code 7-84-603
  • Installation: means the assembly of modular building units on-site and/or the process of affixing modular building-related components to land, a foundation, footings, utilities, or an existing building. See Tennessee Code 68-126-303
  • Installer: means a licensed manufactured home installer, or a licensed manufactured home retailer. See Tennessee Code 68-126-402
  • 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
  • Internal Revenue Code: means the Internal Revenue Code of 1986, codified in United States Code, title 26, as amended. See Tennessee Code 8-34-101
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Investment period: means the period January 1, 2010, through December 31, 2019. See Tennessee Code 4-28-102
  • IP-enabled services: means services and applications making use of Internet protocol (IP) including, but not limited to, voice over IP and other services and applications provided through wireline, cable, wireless, and satellite facilities, and any other facility that may be provided in the future through platforms that may not be deployable at present, that are capable of connecting users dialing or entering the digits 911 to public safety answering points (PSAPs). See Tennessee Code 7-86-103
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Irritant: means any substance not corrosive within the meaning of subdivision (6), which on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction. See Tennessee Code 68-131-102
  • Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Tennessee Code 36-5-2101
  • Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or renders a judgment determining parentage of a child. See Tennessee Code 36-5-2101
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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.
  • Label: means a display of written, printed, or graphic matter upon the immediate container of any substance, or in the case of an article that is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed to the article, and a requirement made by or under authority of this part that any word, statement, or other information appearing on the label shall not be considered to be complied with, unless such word, statement, or other information also appears:
    (A) On the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper. See Tennessee Code 68-131-102
  • Labor organization: includes any organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or for other mutual aid or protection in relation to employment or any agent acting for organizations. See Tennessee Code 4-21-102
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Law: includes decisional and statutory law and rules and regulations having the force of law. See Tennessee Code 36-5-2101
  • Law enforcement officer: means an employee, the duties of whose position are primarily the investigation, apprehension or detention of individuals suspected or convicted of offenses against state criminal laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position. See Tennessee Code 4-21-407
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lender: means any federal or state chartered bank, federal land bank, production credit association, bank for cooperatives, federal or state chartered savings and loan association or building and loan association, insurance company, or mortgage loan company. See Tennessee Code 4-31-102
  • 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.
  • Lien: means an interest in property that secures payment or performance of an obligation. See Tennessee Code 29-40-102
  • 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
  • Loan program agreement: means a contractual arrangement by and between a local government unit and the authority pursuant to and in accordance with part 4 of this chapter providing for loans to such local government units for the purpose of paying the cost of the construction of capital projects and a contractual arrangement by and between a local government unit and the state acting by and through the department, pursuant to and in accordance with [former] title 68, chapter 211, part 4 [repealed], or title 68, chapter 221, parts 2 and 5 providing for loans to such local government unit for the purpose of paying the cost of the construction of sewage treatment works, waterworks, or energy recovery facilities and/or solid waste resource recovery facilities, as the case may be, which loans are made or are to be made from the proceeds of bonds or notes issued pursuant to this chapter. See Tennessee Code 4-31-102
  • Local government: means any political subdivision of this state with authority to establish standards and requirements applicable to the construction, installation, alteration and repairs of buildings. See Tennessee Code 68-126-303
  • local government: means any county, metropolitan government, municipality or other political subdivision of this state. See Tennessee Code 4-30-102
  • Local government: means an incorporated municipality or county or subdivision of either. See Tennessee Code 29-37-103
  • Local government unit: means any county, metropolitan government, incorporated town or city, or special district of the state, water/wastewater authority or any energy authority created by an act of the general assembly. See Tennessee Code 4-31-102
  • Local retirement fund: means any teachers' retirement fund or other arrangement for payment of retirement benefits to teachers, except this retirement system, supported wholly or in part by contributions made by an employer as defined by chapters 34-37 of this title. See Tennessee Code 8-34-101
  • major life activities: means caring for oneself and performing manual tasks, which includes writing, walking, seeing, hearing, speaking, and breathing. See Tennessee Code 4-26-102
  • Major maintenance: means the repair or renovation of a building or structure or a portion thereof in which this state or a department, institution, or agency thereof has an interest and that:
    (A) Is being funded by direct appropriations for major maintenance. See Tennessee Code 4-15-107
  • Mandatory income interest: means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute. See Tennessee Code 35-6-102
  • manufactured home: includes any structure that meets all the requirements of this subdivision (2), except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this title. See Tennessee Code 68-126-202
  • Manufacturer: means any person engaged in manufacturing or assembling new manufactured homes. See Tennessee Code 68-126-202
  • 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.
  • Mechanical: means of or pertaining to the design, construction or structure of a substance. See Tennessee Code 68-131-102
  • 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
  • Membership service: means service rendered while a member of the retirement system. See Tennessee Code 8-34-101
  • Metropolitan government: means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or cities. See Tennessee Code 7-1-101
  • Military duty: means :
    (i) Training and service performed by an inductee, enlistee, or reservist or any entrant into a temporary component of the armed forces of the United States. See Tennessee Code 8-33-101
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Minority-owned business: means a business that is wholly owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by one (1) or more individuals who are members of any racial or ethnic minority within the state and whose management and daily business operations are under the control of one (1) or more members of any racial or ethnic minority within the state. See Tennessee Code 4-28-102
  • Misbranded hazardous substance: means a hazardous substance, including a toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted, intended or packaged in a form suitable for use in the household or by children, which substance, except as otherwise provided by or pursuant to §. See Tennessee Code 68-131-102
  • Modification: means an amendment to the original federal-state agreement to modify coverage for coverage groups or to extend coverage to additional coverage groups consistent with Section 218 of the Social Security Act (42 USC §. See Tennessee Code 8-38-101
  • Modular building unit: means a structural unit, or preassembled component unit, including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, as a finished building. See Tennessee Code 68-126-303
  • 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.
  • Mortgage: means a record, however denominated, that creates or provides for a consensual lien on real property or rents, even if the mortgage also creates or provides for a lien on personal property. See Tennessee Code 29-40-102
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagee: means a person entitled to enforce an obligation secured by a mortgage. See Tennessee Code 29-40-102
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Mortgagor: means a person that grants a mortgage or a successor in ownership of the real property described in the mortgage. See Tennessee Code 29-40-102
  • Municipal corporation: means any incorporated city or town in this state and any utility district created pursuant to chapter 82 of this title. See Tennessee Code 7-35-401
  • Municipality: means any incorporated city, town or metropolitan government of this state exercising general governmental functions in the state. See Tennessee Code 7-84-603
  • Municipality: means an incorporated city or town located within the boundaries of a county whose voters have adopted a county charter government. See Tennessee Code 7-21-104
  • Municipality: means any county, incorporated city, town or metropolitan government, utility district, energy acquisition corporation or gas, electric or energy authority in this state. See Tennessee Code 7-39-102
  • Municipality: means incorporated city or town. See Tennessee Code 7-33-301
  • Municipally-owned: means owned by a municipality as defined in this chapter. See Tennessee Code 7-39-102
  • National origin: includes the national origin of an ancestor. See Tennessee Code 4-21-102
  • Net income: means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this chapter to or from income during the period. See Tennessee Code 35-6-102
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Non-wireline service: means any service provided by any person, corporation or entity, other than a service supplier as defined in this part, that connects a user dialing or entering the digits 911 to a PSAP, including, but not limited to, commercial mobile radio service and IP-enabled services. See Tennessee Code 7-86-103
  • Noneconomic damages: means damages, to the extent they are provided by applicable law, for: physical and emotional pain. See Tennessee Code 29-39-101
  • Note: means any note authorized and issued pursuant to this chapter. See Tennessee Code 4-31-102
  • 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.
  • Obligee: means :
    (A) In the case of a bid bond, the person requesting bids for the performance of a contract. See Tennessee Code 4-26-102
  • Obligee: means :
    (A) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued. See Tennessee Code 36-5-2101
  • Obligor: means an individual, or the estate of a decedent that:
    (A) Owes or is alleged to owe a duty of support. See Tennessee Code 36-5-2101
  • Officer: means the mayor, aldermen, city attorney and city judge. See Tennessee Code 6-1-101
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means record owner in fee, or duly authorized representative. See Tennessee Code 7-84-603
  • Owner: means the person for whose property a receiver is appointed. See Tennessee Code 29-40-102
  • Participating investor: means any insurance company required to pay the gross premiums tax pursuant to §. See Tennessee Code 4-28-102
  • 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.
  • Payment bond: means a bond conditioned upon the payment by the principal of money to persons under contract with the principal. See Tennessee Code 4-26-102
  • Performance bond: means a bond conditioned upon the completion by the principal of a contract in accordance with its terms. See Tennessee Code 4-26-102
  • Period of illegal drug use: means , in relation to the individual user, the time of the individual's first use of an illegal drug to the accrual of the cause of action. See Tennessee Code 29-38-104
  • Person: means any individual, firm, association, corporation, or legal entity. See Tennessee Code 68-126-402
  • Person: includes an individual, partnership, corporation, or association, or the person's legal representative or agent. See Tennessee Code 68-131-102
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation, or any other legal or commercial entity. See Tennessee Code 35-6-102
  • Person: includes any individual, partnership, corporation, association or other entity. See Tennessee Code 68-131-201
  • Person: means any natural person or entity, including, but not limited to, a corporation, general or limited partnership, trust or limited liability company. See Tennessee Code 4-28-102
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Tennessee Code 36-5-2101
  • Person: includes one (1) or more individuals, governments, governmental agencies, public authorities, labor organizations, corporations, legal representatives, partnerships, associations, trustees, trustees in bankruptcy, receivers, mutual companies, joint stock companies, trusts, unincorporated organizations or other organized groups of persons. See Tennessee Code 4-21-102
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Person: means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country. See Tennessee Code 29-38-104
  • Person: means an individual. See Tennessee Code 29-40-102
  • 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 use: means use of property by a person or entity not for business purposes and the use of which is not substantially connected with a trade or business or an activity for the production or collection of income. See Tennessee Code 68-126-202
  • Place of illegal drug activity: means , in relation to the individual drug user, each state house of representatives legislative district in which the individual possesses or uses an illegal drug, or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence. See Tennessee Code 29-38-104
  • Place of participation: means , in relation to a defendant in an action brought under this chapter, each state house of representatives legislative district in which the person participates in the illegal drug market, or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal market. See Tennessee Code 29-38-104
  • 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.
  • Political subdivision: includes an instrumentality of a state, or one (1) or more of its political subdivisions, including the Tennessee Municipal League, the Tennessee School Boards Association and the Tennessee County Services Association, or of a state and one (1) or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the state or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the state or subdivision. See Tennessee Code 8-38-101
  • Pollution: means the placing of any noxious or deleterious substances, including noise, in any air or water or land of or adjacent to the state or affecting the physical, chemical or biological properties of any air or waters or land of or adjacent to the state in a manner and to an extent that renders or is likely to render such air or waters or land inimical or harmful to the public health, safety or welfare, or to animal, bird or aquatic life, or to the use of such air or waters or land for domestic, industrial, agricultural or recreational purposes. See Tennessee Code 4-31-102
  • Pollution control facilities: means any equipment, structure or facility or any land and any building, structure, facility or other improvement thereon, or any combination thereof, and all real and personal property deemed necessary therewith having to do with or the end purpose of which is the control, abatement or prevention of water, air, noise or general environmental pollution, including, but not limited to, any air pollution control facility, noise abatement facility, water management facility, waste water collecting system, waste water treatment works, or solid waste disposal facility. See Tennessee Code 4-31-102
  • Position: means employment held by a public employee at the time of entrance into military duty, but does not include temporary or casual employment or an office filled by election. See Tennessee Code 8-33-101
  • 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.
  • Prepaid communications service: means "prepaid wireless calling service" as set forth in §. See Tennessee Code 7-86-103
  • 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.
  • Prime contractor: means the person with whom the obligee has contracted to perform the contract. See Tennessee Code 4-26-102
  • Principal: means property held in trust for distribution to a remainder beneficiary when the trust terminates. See Tennessee Code 35-6-102
  • Principal: means :
    (i) In the case of a bid bond, a person bidding for the award of a contract. See Tennessee Code 4-26-102
  • Principal city: means that municipality having the largest population of any municipality in a particular county. See Tennessee Code 7-21-104
  • Prior class member: means a member who, on the day preceding the date of establishment, shall have been a member of a superseded system and who elects to remain covered by the benefit and contribution provisions of the superseded system, or who fails to elect to become covered by the benefit and contribution provisions of the retirement system applicable to new employees, as the case may be, in accordance with chapter 35, part 1 of this title. See Tennessee Code 8-34-101
  • 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeds: means the following property:
    (A) Whatever is acquired on the sale, lease, license, exchange, or other disposition of receivership property. See Tennessee Code 29-40-102
  • Profit share percentage: means a fee paid to the state by a qualified TNInvestco as provided in §. See Tennessee Code 4-28-102
  • Program end date: means December 31, 2024. See Tennessee Code 4-28-102
  • Program loans: means loans or grants made to a local government unit by the state that are required to be repaid pursuant to a loan program agreement. See Tennessee Code 4-31-102
  • Project for a private purpose: includes , but is not limited to:
    (a) Any commercial project, commercial subdivision, private residence or residential subdivision that is owned by a nonpublic entity. See Tennessee Code 7-35-401
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Property: includes proceeds, products, offspring, rents, or profits of or from the property. See Tennessee Code 29-40-102
  • property to be benefited: means , as determined by the governing body, land, excluding improvement, that is within a reasonable distance from a sanitary sewer and to which is made available a means of drainage for sewage, or that abuts on a street or other public way to be improved. See Tennessee Code 7-33-301
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • PSAP: means a facility that has been designated to receive 911 phone calls and route them to emergency services personnel pursuant to §. See Tennessee Code 7-86-103
  • Public employee: means any person holding a position in public employment who has successfully completed the probationary period required by the agency in which such person is employed. See Tennessee Code 8-33-101
  • Public employer: means any government, department, or agency mentioned in subdivision (5) employing a public employee in a position. See Tennessee Code 8-33-101
  • Public employment: means employment by the government of this state, or of any county, municipality or other civil or political subdivision thereof, including any department or agency thereof. See Tennessee Code 8-33-101
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public safety emergency services provider: means any municipality or county government that provides emergency services to the public. See Tennessee Code 7-86-103
  • Public school: means any school conducted within the state under the authority and supervision of a duly elected or appointed city or county school board, and any educational institution supported by and under the control of the state. See Tennessee Code 8-34-101
  • Qualified business: means a business that is independently owned and operated and meets all of the following requirements:
    (i) It is headquartered in this state, its principal business operations are located in this state, and at least sixty percent (60%) of its employees are located in this state. See Tennessee Code 4-28-102
  • Qualified investment: means the investment of cash by a qualified TNInvestco in a qualified business for the purchase of equity, equity options, warrants, or debt convertible to equity. See Tennessee Code 4-28-102
  • Quorum: The number of legislators that must be present to do business.
  • Radioactive substance: means a substance that emits ionizing radiation. See Tennessee Code 68-131-102
  • Ready-removable: means a structure without any foundation, footings, or other support mechanisms that allow a structure to be easily relocated but which may include electrical wiring. See Tennessee Code 68-126-303
  • Real estate operator: means any individual or combination of individuals, labor unions, joint apprenticeship committees, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees in bankruptcy, receivers or other legal or commercial entities, or the county or any of its agencies, that is engaged in the business of selling, purchasing, exchanging, renting or leasing real estate, or the improvements thereon, including options, or that derives income, in whole or in part, from the sale, purchase, exchange, rental or lease of real estate. See Tennessee Code 4-21-102
  • real estate salesperson: means an individual, whether licensed or not, who, on behalf of others, for a fee, commission, salary, or other valuable consideration, or who with the intention or expectation of receiving or collecting the same, lists, sells, purchases, exchanges, rents or leases real estate, or the improvements thereon, including options, or who negotiates or attempts to negotiate on behalf of others such activity. See Tennessee Code 4-21-102
  • Real estate transaction: includes the sale, exchange, rental or lease of real property. See Tennessee Code 4-21-102
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: includes buildings, structures, real estate, lands, tenements, leaseholds, cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest in these. See Tennessee Code 4-21-102
  • 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
  • Receiver: means a person appointed by the court as the court's agent, and subject to the court's direction, to take possession of, manage, and, if authorized by this chapter or court order, transfer, sell, lease, license, exchange, collect, or otherwise dispose of receivership property. See Tennessee Code 29-40-102
  • Receivership: means a proceeding in which a receiver is appointed. See Tennessee Code 29-40-102
  • Receivership property: includes any proceeds, products, offspring, rents, or profits of or from the property. See Tennessee Code 29-40-102
  • 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
  • Registering tribunal: means a tribunal in which a support order or judgment determining parentage of a child is registered. See Tennessee Code 36-5-2101
  • Regular interest: means interest at such rate or rates compounded annually as may be set from time to time by the board of trustees in accordance with §. See Tennessee Code 8-34-101
  • Relative: means a parent, foster parent, parent-in-law, child, spouse, brother, foster brother, sister, foster sister, grandparent, grandchild, son-in-law, brother-in-law, daughter-in-law, sister-in-law, or other family member who resides in the same household. See Tennessee Code 8-31-102
  • Relay method: means a 911 service in which a public safety answering point, upon receipt of a telephone request for emergency services, notes the pertinent information from the caller and relays such information to the appropriate public safety agency or other agencies or other providers of emergency service for dispatch of an emergency unit. See Tennessee Code 7-86-103
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Renovation: means the change in the functional use or operation of space in existing buildings or structures in which the state of Tennessee or any of its departments, institutions or agencies have an interest. See Tennessee Code 4-15-107
  • Rents: means :
    (A) Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person. See Tennessee Code 29-40-102
  • 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
  • Responding tribunal: means the authorized tribunal in a responding state or foreign country. See Tennessee Code 36-5-2101
  • Retail sale: has the meaning set forth in §. See Tennessee Code 7-86-103
  • Retailer: means any person:
    (i) Engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale. See Tennessee Code 68-126-202
  • 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
  • Sales price: has the meaning set forth in §. See Tennessee Code 7-86-103
  • Sanitary sewer: means an underground conduit for the passage of a sewer, and pumping stations, pressure lines, and outlets where deemed necessary. See Tennessee Code 7-33-301
  • 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
  • Secretary: means the secretary of the United States department of housing and urban development. See Tennessee Code 68-126-202
  • Secured obligation: means an obligation the payment or performance of which is secured by a security agreement. See Tennessee Code 29-40-102
  • Security agreement: means an agreement that creates or provides for a lien. See Tennessee Code 29-40-102
  • Seed or early stage investment: means an investment in a company that has a product or service in testing or pilot production that may or may not be commercially available. See Tennessee Code 4-28-102
  • 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
  • Service supplier: means any person, corporation or entity providing exchange telephone service to any service user. See Tennessee Code 7-86-103
  • Service user: means any person, corporation or entity that is provided 911 service. See Tennessee Code 7-86-103
  • Set up: means installation of the manufactured home according to the manufacturer's installation instructions or those provided in §. See Tennessee Code 68-126-202
  • 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.
  • Sewerage system: means all or any part of the following:
    (A) The collecting system. See Tennessee Code 7-35-401
  • Sex: means and refers only to the designation of an individual person as male or female as indicated on the individual's birth certificate. See Tennessee Code 4-21-102
  • 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
  • Small business: means a business entity that is:
    (i) A natural person who is licensed by one (1) or more state agencies or boards and whose claim under this chapter arises from such licensing, but the person shall not have a net worth of more than three hundred thousand dollars ($300,000) at the time the civil action is filed. See Tennessee Code 29-37-103
  • Small business concern: means an enterprise that constitutes a "small business concern" under federal law and the criteria used by the administrator of the small business administration of the United States as the same may be amended from time to time. See Tennessee Code 4-31-102
  • Small business financing agreement: means a lease, sublease or loan agreement entered into between a small business concern and the authority, the payments under which have been guaranteed by the small business administration of the United States or any other agency thereof. See Tennessee Code 4-31-102
  • Smaller city: means any municipality within a county other than the principal city. See Tennessee Code 7-21-104
  • Social Security Act: means the act of congress approved August 14, 1935, chapter 531, 49 Stat. See Tennessee Code 8-38-101
  • Specified illegal drug: means cocaine, heroin, or methamphetamine, or any other drug the distribution of which is a violation of state law. See Tennessee Code 29-38-104
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. See Tennessee Code 36-5-2101
  • State: means the state of Tennessee. See Tennessee Code 4-31-102
  • 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: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Tennessee Code 29-40-102
  • State agency: means any entity of the state as defined in §. See Tennessee Code 29-37-103
  • State agency: means the state old age and survivors insurance agency. See Tennessee Code 8-38-101
  • State annuity: means annual payments for life derived from contributions by an employer. See Tennessee Code 8-34-101
  • State employee: means any person who is employed by a governmental entity. See Tennessee Code 8-31-102
  • State employee: includes a foster parent under a contract with the state, or with an agency under contract with the state, to provide foster home care for children in the care and custody of the state and within the confines of the foster parent-child relationship. See Tennessee Code 8-42-101
  • State loan programs: means the activities and policies undertaken by the state pursuant to title 68, chapter 221, part 2 to provide assistance to local government units by making grants that are required to be repaid for the construction of sewage treatment works, or pursuant to title 68, chapter 221, part 5, to provide assistance to local government units by making loans for the construction of waterworks, or pursuant to [former] title 68, chapter 211, part 4 [repealed], to provide assistance to local government units by making loans for the construction of energy recovery facilities or solid waste resource recovery facilities, or both, or pursuant to part 4 of this chapter to provide assistance to local government units by making loans for the construction of capital projects. See Tennessee Code 4-31-102
  • State premium tax liability: means any liability incurred by an insurance company under §. See Tennessee Code 4-28-102
  • State-shared taxes: means taxes imposed and collected by the state pursuant to law and allocated by law to local government units, whether allocated for a particular purpose or for the general use of such local government units. See Tennessee Code 4-31-102
  • 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.
  • Strong sensitizer: means a substance that will cause on normal living tissue, through an allergic or photodynamic process, a hypersensitivity that becomes evident on reapplication of the same substances and that is designated as such by the commissioner. See Tennessee Code 68-131-102
  • Structure: means any building or improvement and its components, systems, fixtures, and appurtenances at the time of completion or construction. See Tennessee Code 68-126-303
  • Student: means any person enrolled in a course of study in a school or in a post-secondary educational institution who as a condition of such enrollment is employed in a full-time position. See Tennessee Code 8-34-101
  • Subcontractor: means a person who has contracted with a prime contractor or with another subcontractor to perform a contract. See Tennessee Code 4-26-102
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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
  • Support enforcement agency: means a public official, governmental entity, or private agency authorized to:
    (A) Seek enforcement of support orders or laws relating to the duty of support. See Tennessee Code 36-5-2101
  • Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See Tennessee Code 36-5-2101
  • Surety: means the person who:
    (A) Under the terms of a bid bond, undertakes to pay a sum of money to the obligee in the event the principal breaches the conditions of the bond. See Tennessee Code 4-26-102
  • Surviving next of kin: means the following persons in the order named:
    (A) The surviving spouse. See Tennessee Code 4-1-501
  • Telephone system: includes a multiline telephone system and any equivalent system that utilizes IP-enabled services. See Tennessee Code 7-86-402
  • Temporary employment: means any general employee can be considered as a temporary employee for a period not to exceed six (6) months before becoming eligible for membership in the retirement system, except as provided in §. See Tennessee Code 8-34-101
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Thermal: means of or pertaining to the transfer or manifestation of heat energy. See Tennessee Code 68-131-102
  • TNInvestco: means a partnership, corporation, trust or limited liability company, whether organized on a for-profit or not-for-profit basis that completes the application process in §. See Tennessee Code 4-28-102
  • 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.
  • 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.
  • Transfer method: means a 911 service in which a public safety answering point, upon receipt of a telephone request for emergency services, directly transfers such request to an appropriate public safety agency or other provider of emergency services. See Tennessee Code 7-86-103
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Tribunal: means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Tennessee Code 36-5-2101
  • Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See Tennessee Code 35-6-102
  • Trustee: A person or institution holding and administering property in trust.
  • unified: means consolidation or consolidated pursuant to this chapter and that power granted by the Constitution of Tennessee, Article XI, §. See Tennessee Code 7-21-104
  • Unified government: means the governmental entity created by the unification of the governmental and corporate functions of a charter county government with the governmental and corporate functions of one (1) or more municipalities within that county's boundaries. See Tennessee Code 7-21-104
  • Unified municipality: means a former municipality that has merged into a unified government pursuant to this chapter. See Tennessee Code 7-21-104
  • 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
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Volunteer firefighter: means a person who volunteers with a county, municipal, or nonprofit fire department that is registered and recognized by the state fire marshal and who is required to extinguish and control fires or fire-related incidents. See Tennessee Code 4-24-201
  • Wages: means all remuneration for employment, regardless of the medium in which paid, which would constitute wages within the meaning of the Social Security Act, as amended. See Tennessee Code 8-38-101
  • Waterworks system: means all or any part of the following:
    (A) Source of supply. See Tennessee Code 7-35-401
  • Wireless telecommunications service: means commercial mobile radio service as defined by 47 C. See Tennessee Code 7-86-103
  • Works: means the waterworks or sewerage system. See Tennessee Code 7-35-401
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • 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