Terms Used In Tennessee Code > Title 8 > Chapter 50 > Part 1 - General Provisions

• Administrator: means the administrator of veterans affairs of the United States, or the administrator's successor. See Tennessee Code 34-5-102
• Adversary counsel: means a private lawyer hired by a respondent to represent the respondent's interest in any action under this chapter and chapters 2 and 3 of this title. See Tennessee Code 34-1-101
• Allegation: something that someone says happened.
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney ad litem: means an attorney appointed by the court to act as counsel for the respondent. See Tennessee Code 34-1-101
• 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}
• board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
• Board: means a board, established to manage the affairs of a municipal solid waste management region, except in §. See Tennessee Code 68-211-802
• co-conservators: means a person or persons or an entity appointed by the court to exercise the decision-making rights and duties of the person with a disability in one or more areas in which the person lacks capacity as determined and required by the orders of the court. See Tennessee Code 34-1-101
• 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
• Commissioner: means the commissioner of environment and conservation. See Tennessee Code 68-211-802
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conservatorship: is a proceeding in which a court removes the decision-making powers and duties, in whole or in part, in a least restrictive manner, from a person with a disability who lacks capacity to make decisions in one or more important areas and places responsibility for one or more of those decisions in a conservator or co-conservators. See Tennessee Code 34-1-101
• Conservatorship: is a proceeding in which a court removes the decision-making powers and duties, in whole or in part, in a least restrictive manner, from a person with a disability who lacks capacity to make decisions in one or more important areas and places responsibility for one or more of those decisions in a conservator or co-conservators. See Tennessee Code 34-1-101
• 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.
• Court: means any court having jurisdiction to hear matters concerning guardians or conservators. See Tennessee Code 34-1-101
• Court: means any court having jurisdiction to hear matters concerning guardians or conservators. See Tennessee Code 34-1-101
• Creditable service: means prior service plus membership service, as provided in part 6 of this chapter. See Tennessee Code 8-34-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of environment and conservation. See Tennessee Code 68-211-802
• Dependent: A person dependent for support upon another.
• Development district: means a development district organized pursuant to title 13, chapter 14. See Tennessee Code 68-211-802
• disabled: means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than twelve (12) months. See Tennessee Code 8-34-101
• Employer: means :
  (A) 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
• 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}
• Estate: means income on hand and assets acquired partially or wholly with "income". See Tennessee Code 34-5-102
• 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.
• 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.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: means a guardian, coguardian, conservator, co-conservator, or qualified trustee as defined in §. See Tennessee Code 34-1-101
• Fiduciary: A trustee, executor, or administrator.
• Firefighter: means a person in the employ of a political subdivision participating under chapter 35, part 2 of this title who is a member of the fire department of such political subdivision, and is trained in firefighting and actively engaged in such work or subject to call for such services, providing such person's primary livelihood is derived from such work. See Tennessee Code 8-34-101
• 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.
• Fraud: Intentional deception resulting in injury to another.
• 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.
• Guardian ad litem: means a person meeting the qualifications set forth in §. See Tennessee Code 34-1-101
• Guardian ad litem: means a person meeting the qualifications set forth in §. See Tennessee Code 34-1-101
• 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
• Household hazardous waste: means solid wastes discarded from homes or similar sources as listed in 40 C. See Tennessee Code 68-211-802
• Household waste: means any waste material, including garbage, trash and refuse, and yard waste derived from households. See Tennessee Code 68-211-802
• Income: means moneys received from the veterans administration and revenue or profit from any property wholly or partially acquired with those moneys. See Tennessee Code 34-5-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Landfill: means a facility, permitted pursuant to part 1 of this chapter, where solid wastes are disposed of by burial in excavated pits or trenches or by placement on land and covering with soil or other approved material. See Tennessee Code 68-211-802
• 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
• Minor: means any person who has not attained eighteen (18) years of age and who has not otherwise been emancipated. See Tennessee Code 34-1-101
• Municipal solid waste: means any garbage, refuse, industrial lunchroom or office waste, household waste, household hazardous waste, yard waste, and any other material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities. See Tennessee Code 68-211-802
• 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 any individual, nonhuman entity or governmental agency. See Tennessee Code 34-1-101
• Person: means any individual, nonhuman entity or governmental agency. See Tennessee Code 34-1-101
• Person: means an individual, a partnership, a corporation or an association. See Tennessee Code 34-5-102
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Person: means "person" as defined in §. See Tennessee Code 68-211-802
• Person with a disability: means any person eighteen (18) years of age or older determined by the court to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, developmental disability, or other mental or physical incapacity. See Tennessee Code 34-1-101
• Physician: means a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state. See Tennessee Code 34-1-101
• Probate: Proving a will
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Property management plan: means the plan submitted by the fiduciary for the investment and management of the property of a minor or person with a disability. See Tennessee Code 34-1-101
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Psychologist: means a psychologist who is licensed to practice in this state. See Tennessee Code 34-1-101
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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
• Recovered materials: means those materials which have been diverted or removed from the solid waste stream for sale, use, reuse or recycling, whether or not requiring subsequent separation processing. See Tennessee Code 68-211-802
• Recovered materials processing facility: means a facility engaged solely in the storage, processing and resale or reuse of recovered materials. See Tennessee Code 68-211-802
• Recyclable materials: means those materials which are capable of being reused or returned to use in the form of raw materials or products, whether or not such materials have been diverted or removed from the solid waste stream. See Tennessee Code 68-211-802
• Recycling: means the process by which recovered materials are transformed into new products, including the collection, separation, processing, and reuse of recovered materials either directly or as raw materials for the manufacture of new products. See Tennessee Code 68-211-802
• Region: means a municipal solid waste region organized pursuant to §. See Tennessee Code 68-211-802
• Respondent: means a person who is a minor or is alleged to be a person with a disability for whom a fiduciary is being sought. See Tennessee Code 34-1-101
• Respondent: means a person who is a minor or is alleged to be a person with a disability for whom a fiduciary is being sought. See Tennessee Code 34-1-101
• Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
• 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
• 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.
• Shredded: means shredded, chipped, chopped, quartered, sliced at least circumferentially, or otherwise processed and rendered not whole in a manner to effectively prevent a tire from floating, as determined by the board. See Tennessee Code 68-211-802
• 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
• solid waste authority: means any public instrumentality organized pursuant to part 9 of this chapter. See Tennessee Code 68-211-802
• Solid waste stream: means the system through which solid waste and recoverable materials move from the point of discard to recovery or disposal. See Tennessee Code 68-211-802
• State: means the state of Tennessee. See Tennessee Code 8-34-101
• 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
• Student: means any person enrolled in a course of study in a school or in a post-secondary educational institution who as a condition of such enrollment is employed in a full-time position. See Tennessee Code 8-34-101
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tire: means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle. See Tennessee Code 68-211-802
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Venue: The geographical location in which a case is tried.
• Veterans administration: means the veterans administration, its predecessors or successors. See Tennessee Code 34-5-102
• Ward: means a beneficiary of the veterans administration. See Tennessee Code 34-5-102
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Yard waste: means vegetative matter resulting from landscaping, lawn maintenance and land clearing operations other than mining, agricultural and forestry operations. See Tennessee Code 68-211-802
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105