Terms Used In Tennessee Code > Title 28 > Chapter 3 - Limitation of Actions Other Than Real

• 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
• Appraisal: A determination of property value.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authorizer: means :
  (A) A local board of education, the Tennessee public charter school commission, or the achievement school district as defined in §. See Tennessee Code 49-13-104
• Charter agreement: means a fixed-term renewable agreement between a public charter school and the authorizer that outlines the rights, responsibilities, and performance expectations of each party. See Tennessee Code 49-13-104
• 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
• Consortium: means the consortium for cooperative innovative education created under §. See Tennessee Code 49-15-102
• 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.
• Council: means the twelve-member energy efficient schools council created by this chapter. See Tennessee Code 49-17-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for 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
• Energy audit: means any professional energy audit used to determine the energy efficiency of a structure that is performed by an energy auditor. See Tennessee Code 49-17-102
• Energy auditor: means any person approved to perform professional energy audits. See Tennessee Code 49-17-102
• 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}
• Establisher: means an LEA. See Tennessee Code 49-16-203
• 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.
• 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.
• 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.
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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}
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Notarial act: means the performance by an online notary public of a function authorized under §. See Tennessee Code 8-16-302
• Office of postsecondary coordination and alignment: means the office of postsecondary coordination and alignment in the division of career and technical education in the department of education. See Tennessee Code 49-15-102
• 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
• 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
• 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.
• Payback period: means the time within which the cost savings realized by incorporating energy efficient technologies equals the initial cost of the technology employed. See Tennessee Code 49-17-102
• Person: means an individual, corporation, partnership, business, trust, unincorporated organization, association or joint stock company. See Tennessee Code 28-3-201
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Principal: means an individual:
  (A) Whose electronic signature is notarized in an online notarization. See Tennessee Code 8-16-302
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Public charter school: means a public school in this state that is established and operating under the terms of a charter agreement and in accordance with this chapter. See Tennessee Code 49-13-104
• 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.
• 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
• 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
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Substantial completion: means that degree of completion of a project, improvement, or a specified area or portion thereof (in accordance with the contract documents, as modified by any change orders agreed to by the parties) upon attainment of which the owner can use the same for the purpose for which it was intended. See Tennessee Code 28-3-201
• Sustainable building design: means designing facilities using a strategy that takes into account approaches that benefit the environment and quality of life of a community. See Tennessee Code 49-17-102
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Underutilized or vacant property: means an entire property or portion thereof, with or without improvements, which is not used or is used irregularly or intermittently by the LEA for instructional or program purposes. See Tennessee Code 49-13-104
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Virtual school: means a public school in which the school uses technology in order to deliver a significant portion of instruction to its students via the internet in a virtual or remote setting. See Tennessee Code 49-16-203
• 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