Part 1 District Public Defenders and Investigators 8-14-101 – 8-14-113
Part 2 District Public Defenders Conference 8-14-201 – 8-14-206
Part 3 Executive Director of the District Public Defenders Conference 8-14-301 – 8-14-308
Part 4 District Public Defender’s Fiscal Affairs 8-14-401

Terms Used In Tennessee Code > Title 8 > Chapter 14 - Public Defenders

  • 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.
  • 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.
  • 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
  • Articles of conversion: means the form of articles provided for in chapter 204 of this title creating a new LLC and evidencing the conversion of an existing partnership or corporation to the new LLC which shall have all of the assets and liabilities of the former partnership. See Tennessee Code 48-202-101
  • 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.
  • 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
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Board: means the mayor and the aldermen. See Tennessee Code 6-1-101
  • board of directors: means the governing board of a corporation, whether denominated the board of directors or otherwise, except that no person or group of persons is the board of directors because of powers delegated to that person or group pursuant to §. See Tennessee Code 48-51-201
  • Business: includes every trade, occupation, profession, investment activity and other lawful purpose for gain or the preservation of assets whether or not carried on for profits. See Tennessee Code 48-202-101
  • Bylaws: means the code or codes of rules (other than the charter) adopted pursuant to Chapters 51 68 of this title for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated. See Tennessee Code 48-51-201
  • Charter: includes amended and restated charters and articles of merger. See Tennessee Code 48-11-201
  • Class: when used with reference to membership interests, means a category of membership interests that differs in one (1) or more rights or preferences from another category of membership interests of the LLC. See Tennessee Code 48-202-101
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Commissioner: means 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
  • 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.
  • 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: 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
  • Court: includes every court and judge having jurisdiction in the case. See Tennessee Code 48-202-101
  • 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.
  • Dependent: A person dependent for support upon another.
  • Directors: means natural persons, designated in the charter or bylaws or elected or appointed by the incorporators, and their successors and natural persons elected or appointed to act as members of the board, irrespective of the names or titles by which such persons are described. See Tennessee Code 48-51-201
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dissolution: means that the LLC has incurred an event under §. See Tennessee Code 48-202-101
  • Document: means :

    1. Any tangible medium on which information is inscribed, and includes any writing or written instrument. See Tennessee Code 48-11-201
    2. domestic business corporation: means a corporation for profit, which is not a foreign corporation, incorporated under or subject to Chapters 11 27 of this title. See Tennessee Code 48-11-201
    3. domestic corporation: means a corporation for profit, which is not a foreign corporation, incorporated under or subject to the Tennessee Business Corporation Act, compiled in Chapters 11 27 of this title, as amended. See Tennessee Code 48-202-101
    4. domestic nonprofit corporation: means a corporation incorporated under the laws of this state and subject to the Tennessee Nonprofit Corporation Act, compiled in Chapters 51 68 of this title. See Tennessee Code 48-11-201
    5. Eligible entity: means a domestic or foreign unincorporated entity or a domestic or foreign nonprofit corporation. See Tennessee Code 48-21-101
    6. Eligible interests: means interests or memberships. See Tennessee Code 48-21-101
    7. Entity: includes the following, whether foreign or domestic: LLCs. See Tennessee Code 48-202-101
    8. 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.
    9. Ex officio: Literally, by virtue of one's office.
    10. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
    11. Filing entity: means an unincorporated entity that is of a type that is created by filing a public organic document. See Tennessee Code 48-21-101
    12. 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.
    13. Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Tennessee Code 48-202-101
    14. Foreign country: means a government other than:

      1. The United States. See Tennessee Code 26-6-202
      2. foreign judgment: means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state. See Tennessee Code 26-6-103
      3. Foreign nonprofit corporation: means a corporation incorporated under a law other than the law of this state, which would be a nonprofit corporation if incorporated under the laws of this state. See Tennessee Code 48-11-201
      4. Foreign unincorporated entity: means an unincorporated entity whose internal affairs are governed by an organic law of a jurisdiction other than this state. See Tennessee Code 48-11-201
      5. Foreign-country judgment: means a judgment of a court of a foreign country. See Tennessee Code 26-6-202
      6. Fraud: Intentional deception resulting in injury to another.
      7. 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.
      8. Interest: means either or both of the following rights under the organic law of an unincorporated entity:

        1. The right to receive distributions from the entity either in the ordinary course or upon liquidation. See Tennessee Code 48-11-201
        2. Interest holder: means a person who holds of record an interest. See Tennessee Code 48-21-101
        3. 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.
        4. Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
        5. Law clerk: Assist judges with research and drafting of opinions.
        6. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
        7. Lien: A claim against real or personal property in satisfaction of a debt.
        8. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
        9. Member: means a person reflected in the required records of an LLC as the owner of some governance rights of a membership interest of the LLC. See Tennessee Code 48-202-101
        10. 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
        11. Month: means the time from any day of any month to the corresponding day of the succeeding month, if any, and if none, the last day of the succeeding month. See Tennessee Code 48-11-201
        12. Month: means a calendar month. See Tennessee Code 1-3-105
        13. Nonfiling entity: means an unincorporated entity that is of a type that is not created by filing a public organic document. See Tennessee Code 48-11-201
        14. 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.
        15. Organic document: means a public organic document or a private organic document. See Tennessee Code 48-11-201
        16. Organic law: means the statute governing the internal affairs of a domestic or foreign business or nonprofit corporation or unincorporated entity. See Tennessee Code 48-11-201
        17. Owners: means members in the case of an LLC, shareholders in the case of a corporation, partners in the case of general or limited partnerships and the equivalent with respect to other entities. See Tennessee Code 48-202-101
        18. Participating shares: means shares however denominated that entitle their holders to participate in distributions on dissolution after all preferences have been paid. See Tennessee Code 48-21-101
        19. Party to a merger or share exchange: means any domestic or foreign corporation, or eligible entity that will:

          1. Merge in a plan of merger. See Tennessee Code 48-21-101
          2. Person: includes individual and entity. See Tennessee Code 48-202-101
          3. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
          4. Personal property: All property that is not real property.
          5. Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
          6. Plaintiff: The person who files the complaint in a civil lawsuit.
          7. 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.
          8. 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
          9. Private organic document: means any document (other than the public organic document, if any) that determines the internal governance of an unincorporated entity. See Tennessee Code 48-11-201
          10. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
          11. Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Tennessee Code 48-202-101
          12. Property: includes both personal and real property. See Tennessee Code 1-3-105
          13. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
          14. Public defender: Represent defendants who can't afford an attorney in criminal matters.
          15. Public organic document: means the document, if any, that is filed of public record to create an unincorporated entity. See Tennessee Code 48-11-201
          16. 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
          17. 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).
          18. Representative: means a governor, manager, employee or other agent of a foreign LLC. See Tennessee Code 48-202-101
          19. Retirement: means withdrawal from membership with a retirement allowance granted under Chapters 34 37 of this title. See Tennessee Code 8-34-101
          20. Secretary: means the corporate officer to whom the bylaws or the board of directors has delegated responsibility under §. See Tennessee Code 48-11-201
          21. Secretary of state: means the person who holds the office of secretary of state of Tennessee. See Tennessee Code 48-202-101
          22. Series: means a category of membership interests, within a class of membership interests, that have some of the same rights and preferences as other membership interests within the same class, but that differ in one (1) or more rights and preferences from another category of membership interests within that class. See Tennessee Code 48-202-101
          23. 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
          24. Service of process: The service of writs or summonses to the appropriate party.
          25. Share: means the unit into which the proprietary interests in a corporation are divided. See Tennessee Code 48-11-201
          26. Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Tennessee Code 48-11-201
          27. 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
          28. State: means the state of Tennessee. See Tennessee Code 8-34-101
          29. 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
          30. Subsidiary: means a corporation more than fifty percent (50%) of whose outstanding voting shares are owned by its parent and/or the parent's other wholly-owned subsidiaries. See Tennessee Code 48-11-201
          31. Summons: Another word for subpoena used by the criminal justice system.
          32. Survivor: means the corporation or unincorporated entity that is in existence immediately after consummation of a merger or entity conversion pursuant to this chapter. See Tennessee Code 48-21-101
          33. This charter: refers to Chapters 30 36 of this title. See Tennessee Code 6-30-102
          34. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
          35. Trustee: A person or institution holding and administering property in trust.
          36. Unincorporated entity: means an organization or artificial legal person that either has a separate legal existence or has the power to acquire an estate in real property in its own name and that is not any of the following: a domestic or foreign business or nonprofit corporation, an estate, a trust, a state, the United States, or a foreign government. See Tennessee Code 48-11-201
          37. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
          38. Voting group: means all shares of one (1) or more classes or series that under the charter or Chapters 11 27 of this title are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Tennessee Code 48-11-201
          39. Voting power: means the total number of votes entitled to be cast for the election of directors at the time the determination of voting power is made, excluding a vote which is contingent upon the happening of a condition or event that has not occurred at the time. See Tennessee Code 48-51-201
          40. Voting shares: means shares that entitle their holders to vote unconditionally in the election of directors. See Tennessee Code 48-21-101
          41. Ward: means a geographical subdivision of the municipality established for the purpose of securing representation on the board. See Tennessee Code 6-1-101
          42. Writ: A formal written command, issued from the court, requiring the performance of a specific act.
          43. written: means any information in the form of a document. See Tennessee Code 48-11-201
          44. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
          45. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105