Terms Used In Tennessee Code > Title 24 > Chapter 9 > Part 3 - Uniform Unsworn Foreign Declarations Act

• 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.
• Agent: means any person representing a postsecondary educational institution for payment, who solicits in any form and enrolls, or seeks to enroll, a student for education offered by an authorized institution, or offers to award educational credentials, for remuneration, on behalf of any such institution. See Tennessee Code 49-7-2003
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorization: means approval of a postsecondary educational institution by the commission for the institution to engage in activities or operations otherwise prohibited by §. See Tennessee Code 49-7-2003
• 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 trustees of the University of Tennessee or a state university board, as applicable. See Tennessee Code 49-7-1602
• 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
• College: means :
  (A) A unit of a university offering specialized degrees. See Tennessee Code 49-7-2003
• Commission: means the Tennessee higher education commission. See Tennessee Code 49-7-2003
• Commission: means the Tennessee higher education commission. See Tennessee Code 49-7-1503
• 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.
• Complaint: means a complaint or grievance against a Tennessee SARA institution filed by a non-Tennessee student residing in a member state other than Tennessee and whose complaint is relative to a distance education course or program offered by a Tennessee SARA institution. See Tennessee Code 49-7-1503
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Confucius Institute: means a Confucius Institute or Chinese Language Partner Network operated by the Office of Chinese Language Council International, also known as Hanban, which is affiliated with the ministry of education of the People's Republic of China. See Tennessee Code 49-7-1802
• Contract: means an agreement for the acquisition by purchase, lease, or barter of property or services between a foreign source and an institution, for the direct benefit or use of either of the parties. See Tennessee Code 49-7-1802
• 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.
• Cost of attendance: means the combined cost of tuition, mandatory fees, room and board, books, and other educational expenses as determined by the financial aid office of the postsecondary institution. See Tennessee Code 49-7-1602
• 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.
• Divisive concept: means a concept that:
  (A) One (1) race or sex is inherently superior or inferior to another race or sex. See Tennessee Code 49-7-1902
• Educational credentials: means degrees, diplomas, certificates, transcripts, reports, documents, or letters of designation, marks, appellations, series of letters, numbers or words which signify, purport or are generally taken to signify enrollment, attendance, progress or satisfactory completion of the requirements or prerequisites for education at a postsecondary educational institution. See Tennessee Code 49-7-2003
• Entity: includes , but is not limited to, any company, firm, society, association, partnership, corporation and trust. See Tennessee Code 49-7-2003
• 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.
• 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.
• Foreign source: means :
  (A) A foreign government, including an agency of a foreign government. See Tennessee Code 49-7-1802
• fund: means the tuition guaranty fund created by §. See Tennessee Code 49-7-2003
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gift: includes a gift of money or property. See Tennessee Code 49-7-1802
• 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.
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institution: means a public institution of higher education in this state. See Tennessee Code 49-7-1802
• Institution: means an accredited postsecondary degree-granting school, college, university, or other organization. See Tennessee Code 49-7-1503
• Institution: means any public institution of higher education located within this state. See Tennessee Code 49-7-1702
• 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.
• 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}
• Member state: means a United States state, territory, or district currently approved to participate in the state authorization reciprocity agreement. See Tennessee Code 49-7-1503
• Military-affiliated: means active-duty military personnel, reservists, members of the national guard, and reserve officer training corps program cadets. See Tennessee Code 49-7-1303
• NC-SARA: means the National Council for State Authorization Reciprocity Agreements. See Tennessee Code 49-7-1503
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See Tennessee Code 1-3-105
• Optional expedited authorization: means the alternative optional authorization available under this part to accredited postsecondary educational institutions. See Tennessee Code 49-7-2003
• Oversight: Committee review of the activities of a Federal agency or program.
• 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: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• 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
• 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.
• Portal agency: means the single agency designated by Tennessee to serve as the interstate point of contact for SARA questions, complaints, and other communications. See Tennessee Code 49-7-1503
• Postsecondary educational institution: includes , but is not limited to, a school, college, university, or other type of entity offering educational credentials, instruction, educational services, or other activities as described in §. See Tennessee Code 49-7-2003
• Predictive cost estimate: means a non-binding estimated cost of attending an undergraduate program at the postsecondary institution based on a student's chosen field of study over a four-year period. See Tennessee Code 49-7-1602
• 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
• Race or sex scapegoating: means assigning fault, blame, or bias to a race or sex, or to members of a race or sex, because of their race or sex, and includes any claim that, consciously or subconsciously, and by virtue of a person's race or sex, members of a race are inherently racist or inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others. See Tennessee Code 49-7-1902
• Race or sex stereotyping: means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex. See Tennessee Code 49-7-1902
• 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
• 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: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• SARA: means the agreement overseen by the National Council for SARA and administered by the Southern Regional Education Board. See Tennessee Code 49-7-1503
• 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 [former] federal savings and loan insurance corporation (FSLIC) or any successor [repealed] of such corporation. See Tennessee Code 1-3-105
• 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.
• sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
• Sexual misconduct: means a violation of an institution's disciplinary policies concerning sexual assault, dating violence, domestic violence, or stalking. See Tennessee Code 49-7-1702
• 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
• SREB: means the Southern Regional Education Board. See Tennessee Code 49-7-1503
• 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.
• Student disciplinary proceeding: means a hearing, proceeding, or any other non-law enforcement process other than an investigation that is used by an institution to determine whether sexual misconduct occurred or impose a sanction with respect to sexual misconduct, including a contested case hearing conducted under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. See Tennessee Code 49-7-1702
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Tennessee SARA institution: means an institution approved by the commission for participation in SARA. See Tennessee Code 49-7-1503
• THEC: means the Tennessee higher education commission. See Tennessee Code 49-7-1303
• To grant: includes awarding, selling, conferring, bestowing or giving. See Tennessee Code 49-7-2003
• To offer: includes , in addition to its usual meanings, advertising, publicizing, soliciting or encouraging any person, directly or indirectly, in any form to perform the act described. See Tennessee Code 49-7-2003
• Training: includes seminars, workshops, trainings, and orientations. See Tennessee Code 49-7-1902
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Tuition and mandatory fees: means the charges imposed to attend the relevant institution of higher education as an in-state undergraduate student and all fees required as a condition of enrollment as determined by the board. See Tennessee Code 49-7-1602
• 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.
• Veteran: means a former member of the armed forces of the United States, or a former or current member of a reserve or Tennessee national guard unit who was called into active military service of the United States, as defined in §. See Tennessee Code 49-7-1303
• VETS campus: means a campus of a public or private nonprofit institution of higher education that has demonstrated educational support for veterans and has been designated by THEC under this part as a campus supportive of veterans. See Tennessee Code 49-7-1303
• 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