Terms Used In Tennessee Code > Title 5 > Chapter 13 - County Fiscal Procedure Law of 1957

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adult: means any person eighteen (18) years of age or older. See Tennessee Code 37-1-102
• 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.
• Age of majority: means eighteen (18) years of age or older. See Tennessee Code 1-3-105
• Allegation: something that someone says happened.
• 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.
• Appraisal: A determination of property value.
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• 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.
• Board: means the Tennessee hall of fame board created within the department under §. See Tennessee Code 4-3-5402
• Board: means the Tennessee collection service board. See Tennessee Code 62-20-102
• Branch office: means any office of a contract security company within this state other than its principal place of business within this state. See Tennessee Code 62-35-102
• Cable service: means :
  (A) The one-way transmission to subscribers of video programming or other programming service. See Tennessee Code 7-59-201
• Cable system: means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. See Tennessee Code 7-59-201
• Caregiver: means any relative or other person living, visiting, or working in the child's home who supervises or otherwise provides care or assistance for the child, such as a babysitter, or who is an employee or volunteer with the responsibility for any child at an educational, recreational, medical, religious, therapeutic, or other setting where children are present. See Tennessee Code 37-1-102
• Certified trainer: means any individual certified by the commissioner as qualified to administer and certify to successful completion of the minimum training requirements prescribed by this chapter for a security guard/officer. See Tennessee Code 62-35-102
• Child: means :
  (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102
• Child: means :
  (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102
• Child: means a person who is under eighteen (18) years of age or who is reasonably presumed to be under eighteen (18) years of age. See Tennessee Code 37-1-401
• Client: means any person who retains the services of a collection service and for such services directly provides the fee, commission or other compensation. See Tennessee Code 62-20-102
• Collection service: includes , but is not limited to:
  (A) Any deputy sheriff, constable or other individual who, in the course of that person's duties, accepts any compensation other than that fixed by statute in connection with the collection of an account. See Tennessee Code 62-20-102
• Collection service license: means a license granted to a collection service. See Tennessee Code 62-20-102
• Commissioner: means the commissioner of tourist development, or the commissioner's designee. See Tennessee Code 4-3-5402
• Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 62-27-102
• Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 62-35-102
• Commissioner: means commissioner of children's services. See Tennessee Code 37-1-102
• Commissioner: means commissioner of children's services. See Tennessee Code 37-1-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Contract security company: means any person engaging in the business of providing or undertaking to provide a security guard and patrol service on a contractual basis for another person. See Tennessee Code 62-35-102
• 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.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• Court order: means any order or decree of a judge, magistrate or court of competent jurisdiction. See Tennessee Code 37-1-102
• Court order: means any order or decree of a judge, magistrate or court of competent jurisdiction. See Tennessee Code 37-1-102
• Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) ^{Source: OCC}
• Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom temporary legal custody of the child has been given by order of a court. See Tennessee Code 37-1-102
• Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom temporary legal custody of the child has been given by order of a court. See Tennessee Code 37-1-102
• Custody: means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. See Tennessee Code 37-1-102
• Custody: means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. See Tennessee Code 37-1-102
• 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.
• Delinquent act: means an act designated a crime under the law, including local ordinances of this state, or of another state if the act occurred in that state, or under federal law, and the crime is not a status offense under subdivision (b)(32)(C) and the crime is not a traffic offense as defined in the traffic code of the state other than failing to stop when involved in an accident pursuant to §. See Tennessee Code 37-1-102
• Department: means the department of tourist development. See Tennessee Code 4-3-5402
• Department: means the department of children's services. See Tennessee Code 37-1-102
• Department: means the department of children's services. See Tennessee Code 37-1-102
• Department: means the department of children's services. See Tennessee Code 37-1-401
• 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.
• Detention: means temporary confinement in a secure or closed type of facility that is under the direction or supervision of the court or a facility that is designated by the court or other authority as a place of confinement for juveniles. See Tennessee Code 37-1-102
• Detention: means temporary confinement in a secure or closed type of facility that is under the direction or supervision of the court or a facility that is designated by the court or other authority as a place of confinement for juveniles. See Tennessee Code 37-1-102
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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}
• 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.
• Evidence-based: means policies, procedures, programs, and practices demonstrated by scientific research to reliably produce reductions in recidivism or has been rated as effective by a standardized program evaluation tool. See Tennessee Code 37-1-102
• 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.
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Financial obligations: means fines, fees, costs, surcharges, child support, or other monetary liabilities ordered or assessed by any court or state or county government, but does not include restitution. See Tennessee Code 37-1-102
• Financially responsible: means capable, as demonstrated to the board's satisfaction, of sound financial management and fiscal discretion. See Tennessee Code 62-20-102
• 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.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Foster care: means the temporary placement of a child in the custody of the department of children's services or any agency or institution, whether public or private, for care outside the home of a parent or relative, by blood or marriage, of the child, whether the placement is by court order, voluntary placement agreement, surrender of parental rights or otherwise. See Tennessee Code 37-1-102
• Foster care: means the temporary placement of a child in the custody of the department of children's services or any agency or institution, whether public or private, for care outside the home of a parent or relative, by blood or marriage, of the child, whether the placement is by court order, voluntary placement agreement, surrender of parental rights or otherwise. See Tennessee Code 37-1-102
• Foster parent: means , for purposes other than §. See Tennessee Code 37-1-102
• Franchise: means an initial authorization or renewal of an authorization issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction or operation of a cable system. See Tennessee Code 7-59-201
• Franchising authority: means any governmental entity empowered by federal, state, or local law to grant a franchise. See Tennessee Code 7-59-201
• Fraud: Intentional deception resulting in injury to another.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• 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.
• Hall of fame: means the Tennessee sports hall of fame created under §. See Tennessee Code 4-3-5402
• 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
• 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.
• Internship: means the study of polygraph techniques and of the administration of polygraph techniques by a trainee, referred to as an "intern" in this chapter, under the personal supervision and control of a local licensed polygraph examiner in accordance with a course of study prescribed by the commissioner at the commencement of the internship. See Tennessee Code 62-27-102
• 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.
• 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.
• Juvenile court: means the general sessions court in all counties of this state, except in those counties and municipalities in which special juvenile courts are provided by law, and "judge" means judge of the juvenile court. See Tennessee Code 37-1-102
• Juvenile court: means the general sessions court in all counties of this state, except in those counties and municipalities in which special juvenile courts are provided by law, and "judge" means judge of the juvenile court. See Tennessee Code 37-1-102
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means any contract security company licensed in accordance with this chapter. See Tennessee Code 62-35-102
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Merchandise: means any consumer item that is or is represented to be new or not previously owned by a consumer. See Tennessee Code 62-30-101
• 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 Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• 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.
• Nonjudicial days: means Saturdays, Sundays and legal holidays. See Tennessee Code 37-1-102
• 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.
• 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: means an individual, firm, corporation, association or other legal entity. See Tennessee Code 62-20-102
• Person: means any natural person, corporation, partnership, firm or association. See Tennessee Code 62-25-102
• Person: means any natural person, firm, association, copartnership or corporation. See Tennessee Code 62-27-102
• Person: means any individual, firm, association, company, partnership, corporation, nonprofit organization, institution or similar entity. See Tennessee Code 62-35-102
• 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.
• Polygraph examiner: means any person who purports to be able to detect deception or verify truth of statements through instrumentation or by means of a mechanical device. See Tennessee Code 62-27-102
• Positive behavior: means prosocial behavior or progress in a treatment program or on supervision. See Tennessee Code 37-1-102
• 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.
• Principal corporate officer: means the chief executive officer, president, vice president, treasurer, secretary or comptroller, as well as any other responsible officer or executive employee who performs functions for the corporation corresponding to those performed by the chief executive officer, president, vice president, treasurer, secretary or comptroller. See Tennessee Code 62-35-102
• Probation: means casework service as directed by the court and pursuant to this part as a measure for the protection, guidance, and well-being of the child and child's family. See Tennessee Code 37-1-102
• Probation: means casework service as directed by the court and pursuant to this part as a measure for the protection, guidance, and well-being of the child and child's family. See Tennessee Code 37-1-102
• 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
• Proprietary security organization: means any person or department of the organization that employs a security guard/officer solely for the person in an employer/employee relationship. See Tennessee Code 62-35-102
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualifying agent: means a principal corporate officer meeting the qualifications set forth in this chapter for operating a contract security company. See Tennessee Code 62-35-102
• Qualifying manager: means an individual designated by a proprietary security organization to be responsible for compliance with this chapter on behalf of the organization. See Tennessee Code 62-35-102
• Quorum: The number of legislators that must be present to do business.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Registrant: means an individual who holds a valid registration card. See Tennessee Code 62-35-102
• Registration card: means a pocket card issued by the commissioner evidencing that the holder has met the qualifications required by this chapter to perform the duties of a security guard/officer in this state. See Tennessee Code 62-35-102
• Rental location agent: means any person who engages in or is employed in the business of locating, providing assistance in locating or furnishing information concerning the location or availability of real property, including apartment housing, that may be leased or rented as a private dwelling, abode or place of residence and who receives or solicits a fee or other valuable consideration from a prospective tenant. See Tennessee Code 62-25-102
• Report of harm: means a report filed under §. See Tennessee Code 37-1-401
• 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
• Restitution: means compensation that is accomplished through actual monetary payment to the victim of the offense by the child who committed the offense, or symbolically, through unpaid community service work by the child, for property damage or loss incurred as a result of the delinquent offense. See Tennessee Code 37-1-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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
• safe baby court: means any court program created within this state that seeks to accomplish the goals stated in subsection (b) and that is established by a judge with jurisdiction over juvenile court matters. See Tennessee Code 37-1-902
• Security guard and patrol service: means protection of persons or property, or both, from criminal activities, including, but not limited to:
  (A) Prevention or detection, or both, of intrusion, unauthorized entry, larceny, vandalism, abuse, fire or trespass on private property. See Tennessee Code 62-35-102
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Severe child abuse: means :
  (A)

  (i) The knowing exposure of a child to or the knowing failure to protect a child from abuse or neglect that is likely to cause serious bodily injury or death and the knowing use of force on a child that is likely to cause serious bodily injury or death. See Tennessee Code 37-1-102
• Shelter care: means temporary care of a child in physically unrestricted facilities. See Tennessee Code 37-1-102
• 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
• Special juvenile court: means a court created by law with jurisdiction limited to those matters contemplated in this title and other general laws of this state. See Tennessee Code 37-1-202
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Statute: A law passed by a legislature.
• Street patrol service: means the utilization of foot patrols, motor patrols or any other means of transportation in public areas or on public thoroughfares in order to serve multiple customers or facilities. See Tennessee Code 62-35-102
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Sworn peace officer: means any individual who derives plenary or special law enforcement powers, such as the power of arrest, from, and is an employee of, a federal, state, or local governmental agency or instrumentality. See Tennessee Code 62-35-102
• Temporary premises: means any public or quasi-public place, including a hotel, rooming house, storeroom, building or part of a building, tent, vacant lot, railroad car or motor vehicle, temporarily occupied for the purpose of exhibiting stocks of merchandise to the public. See Tennessee Code 62-30-101
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transitory vendor: means any person who brings into temporary premises and exhibits to the public stocks of merchandise for the purpose of selling or offering to sell the merchandise to the public. See Tennessee Code 62-30-101
• 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.
• Undercover agent: means an individual hired by another person, through a contract security company to perform a job in or for that person, and while performing the job, to act as an undercover employee, independent contractor or operative of the person, but under the supervision of the contract security company. See Tennessee Code 62-35-102
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Unruly child: means a child in need of treatment and rehabilitation who:
  (A) Habitually and without justification is truant from school while subject to compulsory school attendance under §. See Tennessee Code 37-1-102
• Validated risk and needs assessment: means a determination of a child's risk to reoffend and the needs that, when addressed, reduce the child's risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that predict delinquent behavior. See Tennessee Code 37-1-102
• Video programming: means programming provided by, or generally considered comparable to programming provided by, a television broadcast station or cable system. See Tennessee Code 7-59-201
• 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