§ 4-18-101 Short title
§ 4-18-102 Chapter definitions
§ 4-18-103 Liability for violations
§ 4-18-104 Investigation and prosecution
§ 4-18-105 Prohibition against preventing employees from disclosing information — Violations — Remedies
§ 4-18-106 Statute of limitations
§ 4-18-107 Provisions are not exclusive — Severability — Liberal construction
§ 4-18-108 Inapplicable to medical claims

Terms Used In Tennessee Code > Title 4 > Chapter 18

  • Adventure tourism: means outdoor recreational opportunities such as equine and motorized trail riding, white water rafting and kayaking, rappelling, road biking, rock climbing, hang-gliding, spelunking, shooting sports, mountain biking, canoeing, paragliding, rowing, zip lining and other such activities. See Tennessee Code 11-11-203
  • Adventure tourism district: means a defined geographic area identified and authorized by a two-thirds (?) vote of a local governing body and approved by the department and the department of environment and conservation as an area where the promotion of adventure tourism is encouraged. See Tennessee Code 11-11-203
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agriculture: means :

    • (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105

    • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
    • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
    • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
    • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
    • 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.
    • 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
    • Best interests of the state: means a determination by the commissioner of revenue, with approval by the commissioner of tourist development, that:

      • (A) The qualified business enterprise or enterprises made within or adjacent to an adventure tourism district is a result of the special allocation and tax credits provided for in §. See Tennessee Code 11-11-203

      • Canoeing: means the use of canoe for navigation of waterways. See Tennessee Code 11-11-203
      • Certified prescribed burn manager: means a person who successfully completes the prescribed burner certification program approved by the division of forestry. See Tennessee Code 11-4-1002
      • 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
      • 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.
      • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
      • Commission: means the state forestry commission. See Tennessee Code 11-4-103
      • Commissioner: means the commissioner of agriculture. See Tennessee Code 11-4-103
      • Commissioner: means the commissioner of environment and conservation. See Tennessee Code 11-11-103
      • Commissioner: means the commissioner of health, who shall administer this part. See Tennessee Code 11-12-202
      • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
      • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
      • Conservation easement: means a conservation easement as defined in §. See Tennessee Code 11-11-103
      • 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.
      • County: means any county whose voters have adopted a county charter 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
      • 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.
      • Department: means the department of agriculture. See Tennessee Code 11-4-103
      • Department: means the department of environment and conservation. See Tennessee Code 11-11-103
      • Department: means the department of tourist development. See Tennessee Code 11-11-203
      • 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.
      • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
      • Division: means the division of forestry within the department. See Tennessee Code 11-4-103
      • 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.
      • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
      • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
      • Felony: A crime carrying a penalty of more than a year in prison.
      • 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.
      • Forestry: means the professional application of scientific principles in the management and use of forest land. See Tennessee Code 11-4-103
      • Forests: means those lands currently occupied by trees of any size and species which may or may not have commercial value but are capable of providing multiple use benefits. See Tennessee Code 11-4-103
      • 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,
      • 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.
      • Hang-gliding: means an air sport in which a pilot flies a light and un-motorized aircraft launched by foot. See Tennessee Code 11-11-203
      • 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
      • 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.
      • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
      • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
      • Jogging trail: means any trail at least one (1) mile in length. See Tennessee Code 11-12-202
      • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
      • Kayaking: means the use of a kayak for navigation of waterways. See Tennessee Code 11-11-203
      • 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
      • 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
      • Local governing body: means the elected legislative body of a municipal, metropolitan or county government. See Tennessee Code 11-11-203
      • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
      • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
      • Month: means a calendar month. See Tennessee Code 1-3-105
      • Motorized trail riding: means the exploration of trails and natural areas by use of all-terrain vehicles. See Tennessee Code 11-11-203
      • Mountain biking: means the exploration of trails and natural areas by the use of bicycles. See Tennessee Code 11-11-203
      • Multiple use: includes , but is not limited to, a combination of timber production, demonstration, watershed protection, wildlife management, recreation, and aesthetics. See Tennessee Code 11-4-103
      • 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
      • 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.
      • 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.
      • Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
      • Paragliding: means the air sport in which a pilot flies a light motorized aircraft that uses a parachute to stay airborne. See Tennessee Code 11-11-203
      • 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
      • 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: means any county, any incorporated city or town, or other political subdivision. See Tennessee Code 11-11-103
      • Prescribed burning: means the controlled application of fire to naturally occurring vegetative fuels for ecological, silvicultural and wildlife management purposes under specified environmental conditions and the following of appropriate precautionary measures which cause the fire to be confined to a predetermined area and accomplishes the planned land management objectives. See Tennessee Code 11-4-1002
      • Prescription: means a written plan for starting and controlling a prescribed burn to accomplish ecological, silvicultural and wildlife management objectives. See Tennessee Code 11-4-1002
      • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
      • Property: includes both personal and real property. See Tennessee Code 1-3-105
      • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
      • Protection: means the application of such technology and services as may be necessary to minimize mortality and loss of growth occurring in forests as a result of wild fire, insects, disease, and other causal agents. See Tennessee Code 11-4-103
      • 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
      • 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
      • Reforestation: means the artificial or natural regeneration of trees on bare land, eroded sites, or previously forested areas. See Tennessee Code 11-4-103
      • 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.
      • 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
      • Road biking: means both noncompetitive and competitive bicycling events that take place on improved roads. See Tennessee Code 11-11-203
      • Rock climbing: means the recreational sport of climbing up or across natural rock formations. See Tennessee Code 11-11-203
      • Rowing: means the propelling of a boat by means of oars. See Tennessee Code 11-11-203
      • 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.
      • Shooting sports: means the recreational sport of firing handguns, rifles or shotguns at moving or fixed targets. See Tennessee Code 11-11-203
      • 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
      • Smaller city: means any municipality within a county other than the principal city. See Tennessee Code 7-21-104
      • Spelunking: means the recreational sport of exploring noncommercial cave systems. See Tennessee Code 11-11-203
      • 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 forester: means the director of the division of forestry. See Tennessee Code 11-4-103
      • State forests: means those lands owned by the state and administered under the jurisdiction of the division, for the purpose of multiple use. See Tennessee Code 11-4-103
      • State land: includes any land owned, operated, or under the control or supervision of any department or agency of the state. See Tennessee Code 11-12-202
      • Statute: A law passed by a legislature.
      • Subpoena: A command to a witness to appear and give testimony.
      • System: means the "Tennessee trails system" as established in this chapter and including all trails and trail segments, together with their rights-of-way, whether initially designated or later added by any of the procedures described in the chapter. See Tennessee Code 11-11-103
      • Testify: Answer questions in court.
      • 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.
      • unified: means consolidation or consolidated pursuant to this chapter and that power granted by the Constitution of Tennessee, Article XI, § 9 to consolidate any or all of the governmental and corporate functions now, or hereafter, vested in a county government with one (1) or more municipalities located within that county's boundaries. 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
      • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
      • Verdict: The decision of a petit jury or a judge.
      • White water rafting: means the recreational activity of using an inflatable raft or kayak to navigate rough water. See Tennessee Code 11-11-203
      • 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
      • Zip lining: means the exploration of natural areas by use of above-ground cable systems. See Tennessee Code 11-11-203