Terms Used In Tennessee Code > Title 8 > Chapter 16 - Notaries Public

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Board: means the mayor and the aldermen. See Tennessee Code 6-1-101
• board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
• 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
• 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 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
• Credential analysis: means a process or service operating as outlined in rules promulgated by the secretary of state, through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources. See Tennessee Code 8-16-302
• 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.
• 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.
• Docket: A log containing brief entries of court proceedings.
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Tennessee Code 8-16-302
• Electronic document: means information that is created, generated, sent, communicated, received, or stored by electronic means. See Tennessee Code 8-16-302
• Electronic notarial certificate: means the portion of a notarized electronic document that is completed by an online notary public and contains the following:
  
  
  1. The online notary public's electronic signature, electronic seal, title, and commission expiration date. See Tennessee Code 8-16-302
  2. Electronic seal: means information within a notarized electronic document that confirms the online notary public's name, jurisdiction, identifying number, and commission expiration date and generally corresponds to information in notary seals used on paper documents. See Tennessee Code 8-16-302
  3. Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document. See Tennessee Code 8-16-302
  4. Employer: means :

     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

  5. 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.
  6. 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.
  7. Identity proofing: means a process or service operating according to criteria as outlined in rules promulgated by the secretary of state, through which a third person affirms the identity of an individual through review of personal information in public and proprietary data sources. See Tennessee Code 8-16-302
  8. 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.
  9. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  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. 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}
  12. Notarial act: means the performance by an online notary public of a function authorized under §. See Tennessee Code 8-16-302
  13. Oath: includes affirmation. See Tennessee Code 1-3-105
  14. Oath: A promise to tell the truth.
  15. 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.
  16. Online notarization: means a notarial act performed by means of two-way video and audio conference technology that meets the standards adopted under §. See Tennessee Code 8-16-302
  17. Online notary public: means a notary public who is a commissioned notary public and has been additionally commissioned to perform online notarizations as outlined in this part. See Tennessee Code 8-16-302
  18. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  19. Personal 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
  20. Plaintiff: The person who files the complaint in a civil lawsuit.
  21. Principal: means an individual:
      
      
      1. Whose electronic signature is notarized in an online notarization. See Tennessee Code 8-16-302
      2. Property: includes both personal and real property. See Tennessee Code 1-3-105
      3. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
      4. 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
      5. Remand: When an appellate court sends a case back to a lower court for further proceedings.
      6. Remote presentation: means transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to:
         
         
         1. Identify the individual seeking the online notary public's services. See Tennessee Code 8-16-302
         2. 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
         3. 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
         4. 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
         5. 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
         6. State: means the state of Tennessee. See Tennessee Code 8-34-101
         7. 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
         8. This charter: refers to Chapters 30 36 of this title. See Tennessee Code 6-30-102
         9. 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.
         10. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
         11. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
         12. Writ: A formal written command, issued from the court, requiring the performance of a specific act.
         13. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
         14. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105