Terms Used In Tennessee Code > Title 58 > Chapter 1 - Military Forces

• Abuse: means inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means, placing an adult or minor in fear of physical harm, physical restraint, malicious damage to the personal property of the abused party, including inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by an adult or minor, or placing an adult or minor in fear of physical harm to any animal owned, possessed, leased, kept, or held by the adult or minor. See Tennessee Code 36-3-601
• active service: means military duty in a military force (not including the inactive national guard) or in the military department, under an order of the governor issued pursuant to parts 1, 2 and 4-6 of this chapter and while going to and returning from the same. See Tennessee Code 58-1-102
• Adult: means any person eighteen (18) years of age or older, or who is otherwise emancipated. See Tennessee Code 36-3-601
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Air national guard: means that part of the national guard which is:
  (A) An air force. See Tennessee Code 58-1-102
• 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.
• Army national guard: means that part of the national guard which is:
  (A) A land force. See Tennessee Code 58-1-102
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• 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}
• Commanding officer: includes only commissioned officers. See Tennessee Code 58-1-102
• commissioned officer: means commissioned or warrant officer. See Tennessee Code 58-1-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• court: means any court of record with jurisdiction over domestic relations matters or the general sessions criminal court. See Tennessee Code 36-3-601
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• 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.
• Domestic abuse: means committing abuse against a victim, as defined in subdivision (5). See Tennessee Code 36-3-601
• Enlisted member: means a person in an enlisted grade or status. See Tennessee Code 58-1-102
• 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.
• Federal recognition: means acknowledgment by the federal government that a person appointed to an authorized grade and position vacancy in the national guard meets the prescribed federal standards for such grade and position. See Tennessee Code 58-1-102
• Firearm: means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use. See Tennessee Code 36-3-601
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grade: means a step or degree, in a graduated scale of office, or military rank, that is established and designated as a grade by law or regulations. See Tennessee Code 58-1-102
• 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.
• 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
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Legacy: A gift of property made by will.
• Military department: means the military agency or division of the state, the composition of which is set forth in §. See Tennessee Code 58-1-102
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Month: means a calendar month. See Tennessee Code 1-3-105
• National guard: means the army national guard and the air national guard. See Tennessee Code 58-1-102
• Oath: includes affirmation. See Tennessee Code 1-3-105
• Oath: A promise to tell the truth.
• Petitioner: means the person alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense in a petition for an order for protection. See Tennessee Code 36-3-601
• Rank: means the order of precedence among members of the armed forces. See Tennessee Code 58-1-102
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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
• 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).
• Respondent: means the person alleged to have abused, stalked or sexually assaulted another in a petition for an order for protection. See Tennessee Code 36-3-601
• Sexual assault victim: means any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of any form of rape, as defined in §. See Tennessee Code 36-3-601
• Stalking victim: means any person, regardless of the relationship with the perpetrator, who has been subjected to, threatened with, or placed in fear of the offense of stalking, as defined in §. See Tennessee Code 36-3-601
• Subpoena: A command to a witness to appear and give testimony.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Venue: The geographical location in which a case is tried.
• Voluntary aid or assistance: means actions taken by individual units of the national guard, within guidelines provided by the governor, to provide local communities with assistance during times of crisis not otherwise declared by the governor or president of the United States as a disaster or emergency. See Tennessee Code 58-1-102
• Weapon: means a firearm or a device listed in §. See Tennessee Code 36-3-601