Tennessee Code > Title 39 > Chapter 16 – Offenses Against Administration of Government
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Tennessee Code > Title 39 > Chapter 16 - Offenses Against Administration of Government
- Abandoned aircraft: means :
(A) An aircraft left in a wrecked, inoperative, or partially dismantled condition on a public-use airport. See Tennessee Code 66-29-301 - Abandoned cultural property: means cultural property meeting the following three (3) conditions:
(A) The property shall have been deposited with a museum, historical society, or similar not-for-profit institution for a period of at least twenty (20) years. See Tennessee Code 66-29-202 - Acquisition agent: means a person who by means of telephone, mail, advertisement, inducement, solicitation or otherwise attempts directly to encourage any person to attend a sales presentation for a time-share program. See Tennessee Code 66-32-102
- Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Tennessee Code 39-16-401
- advertisement: means any written, printed, verbal or visual offer by an individual or general solicitation. See Tennessee Code 66-32-102
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Age of majority: means eighteen (18) years of age or older. See Tennessee Code 1-3-105
- Airport authority: means an authority created pursuant to title 42, chapter 3, 4, or 5. See Tennessee Code 66-29-301
- 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.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- apartment: includes the private element. See Tennessee Code 66-27-102
- Apparent owner: means a person whose name appears on the records of a holder as the owner of property held, issued, or owing by the holder. See Tennessee Code 66-29-102
- Appraisal: A determination of property value.
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- 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.
- 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.
- 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
- Benefit: means anything reasonably regarded as economic gain, enhancement or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Tennessee Code 39-11-106
- Blanket encumbrance: means any mortgage, deed of trust, option to purchase, vendor's lien or interest under a contract or agreement of sale, or other material financing lien or encumbrance granted by the membership camping operator, which secures or evidences the obligation to pay money or to sell or convey any campgrounds located in this state made available to purchasers by the membership camping operator or any portion thereof and which authorizes, permits, or requires the foreclosure or other disposition of the campground affected. See Tennessee Code 66-32-302
- Bodily injury: includes a cut, abrasion, bruise, burn or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty. See Tennessee Code 39-11-106
- Bonds: means bonds or interim certificates issued pending preparation or delivery of definitive bonds of a local government issued pursuant to this chapter. See Tennessee Code 9-21-105
- Business association: means a for-profit or nonprofit corporation, joint stock company, investment company other than an investment company registered under the Investment Company Act of 1940 ( 15 U. See Tennessee Code 66-29-102
- Business entity: means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity, whether organized for-profit or not-for-profit. See Tennessee Code 66-27-701
- Campground: means real property owned or operated by a membership camping operator which is available for camping by purchasers of membership camping contracts. See Tennessee Code 66-32-302
- Co-owner: means a person, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof, which owns an apartment or apartments within the building. See Tennessee Code 66-27-102
- 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
- Coercion: means a threat, however communicated, to:
(A) Commit any offense. See Tennessee Code 39-11-106 - Commission: means Tennessee real estate commission, which is an agency created under §. See Tennessee Code 66-32-102
- Commission: means Tennessee real estate commission, which is an agency created under §. See Tennessee Code 66-32-102
- 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.
- Complaining witness: means a person who signs a criminal complaint. See Tennessee Code 39-16-601
- Component site: means a specific geographic site at which certain time-share accommodations and facilities are located. See Tennessee Code 66-32-102
- Component site: means a specific geographic site at which certain time-share accommodations and facilities are located. See Tennessee Code 66-32-102
- Condominium: means the ownership of single units in a multiple unit structure or structures with common elements. See Tennessee Code 66-27-102
- Condominium project: means a real estate condominium project. See Tennessee Code 66-27-102
- Construction: means building, reconstruction, erection, replacement, extension, repairing, betterment, equipment, development, embellishment, improvement, acquisition by gift, lease, purchase or the exercise of the right of eminent domain, or any one (1) or more or all of the foregoing, including the acquisition of land and of rights in land, and including acquisition of all of the outstanding capital stock of any corporation whose assets consist entirely of one (1) or more public works projects which together constitute a waterworks, sewer system, natural gas system, electric system, or any combination thereof, including, but not limited to, a water, sewer, natural gas and/or electric distribution system, or any combination thereof, serving a local government and assets related to the operation thereof and whose liabilities consist entirely of those related to the ownership and operation thereof. See Tennessee Code 9-21-105
- Conviction: A judgement of guilt against a criminal defendant.
- Council of co-owners: means all the co-owners as defined in subdivision (a)(4). See Tennessee Code 66-27-102
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Cultural property: means any work of art, regardless of the medium. See Tennessee Code 66-29-202
- Custody: means under arrest by a law enforcement officer or under restraint by a public servant pursuant to an order of a court. See Tennessee Code 39-16-601
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deadly weapon: means :
(A) A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury. See Tennessee Code 39-11-106 - Decedent: A deceased person.
- Declaration: means an instrument, however denominated, that creates a homeowners' association, and amendments to that instrument, including restrictive covenants, bylaws, and similar instruments governing the administration or operation of a homeowners' association. See Tennessee Code 66-27-701
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Default: means the failure timely to perform any obligation or duty set forth in this chapter and the rental agreement. See Tennessee Code 66-31-102
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person accused of an offense under this title and includes any person who aids or abets the commission of such offense. See Tennessee Code 39-11-106
- Dependent: A person dependent for support upon another.
- Developer: means , in the case of any given property, any person or entity which is in the business of creating or which is in the business of selling its own time-share intervals in any time-share program. See Tennessee Code 66-32-102
- Developer: means a person who undertakes to develop a real estate condominium project. See Tennessee Code 66-27-102
- Developer: means , in the case of any given property, any person or entity which is in the business of creating or which is in the business of selling its own time-share intervals in any time-share program. See Tennessee Code 66-32-102
- Devise: To gift property by will.
- Digitized image: means an electronic document that is created as an electronic copy of a paper document that accurately depicts the information on the paper document and is unalterable. See Tennessee Code 66-24-202
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Division: means the wildlife resources agency in the case of motorized watercraft and the department of revenue, taxpayer and vehicle services division in the case of all other vehicles. See Tennessee Code 66-31-102
- Document: means information that is:
(A) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Tennessee Code 66-24-202 - Domicile: means :
(A) For a corporation, the state of its incorporation. See Tennessee Code 66-29-102 - Effectively prohibit: means to act or fail to act in a manner that prevents an owner of a residential property that is subject to a declaration, and who is in reasonable compliance with rules and regulations, from using the residential property as a long-term rental property. See Tennessee Code 66-27-701
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Tennessee Code 66-24-202
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Tennessee Code 66-29-102
- Electronic document: means a document that is received by the county register in an electronic form. See Tennessee Code 66-24-202
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- Electronic mail: means any communication of information by electronic means that is automatically retained and stored and may be readily accessed or retrieved. See Tennessee Code 66-29-102
- Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. See Tennessee Code 66-24-202
- Enterprise: means any one (1) of or combination of two (2) or more public works projects, undertakings or projects which the local government is or may hereafter be authorized to construct and from which the local government has heretofore derived or may hereafter derive revenues, and such enterprise includes all improvements, betterments, extensions and replacements thereto, and all appurtenances, facilities, lands, rights in land, water rights, franchises and structures in connection therewith or incidental thereto. See Tennessee Code 9-21-105
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- 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
- Escape: means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period, but does not include a violation of conditions of probation or parole. See Tennessee Code 39-16-601
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Exchange agent: means a person who exchanges or offers to exchange time-share intervals in an exchange program with other time-share intervals. See Tennessee Code 66-32-102
- Facilities: means the following amenities provided and located on property owned or operated by a membership camping operator: camping sites, rental trailers or cabins, swimming pools, sport courts, recreation buildings, and trading posts or grocery stores. See Tennessee Code 66-32-302
- 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.
- Family: means the members of a household living, on a full-time or a part-time basis, in one (1) dwelling. See Tennessee Code 66-27-701
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fiduciary: A trustee, executor, or administrator.
- Financial organization: means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization, or credit union. See Tennessee Code 66-29-102
- 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.
- Force: means compulsion by the use of physical power or violence and shall be broadly construed to accomplish the purposes of this title. See Tennessee Code 39-11-106
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Game-related digital content: means digital content that exists only in an electronic game or electronic-game platform. See Tennessee Code 66-29-102
- Gated subdivision: means a neighborhood with at least three hundred (300) single family residential homes and two (2) or more gates restricting ingress and egress to the neighborhood from a public street. See
- General common elements: means and includes:
(A) The land, whether leased or in fee simple, on which the building stands. See Tennessee Code 66-27-102 - Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Government: means the state or any political subdivision of the state, and includes any branch or agency of the state, a county, municipality or other political subdivision. See Tennessee Code 39-11-106
- Governmental record: means anything:
(A) Belonging to, received or kept by the government for information. See Tennessee Code 39-11-106 - Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Grantor: The person who establishes a trust and places property into it.
- Handgun: means any firearm with a barrel length of less than twelve inches (12") that is designed, made or adapted to be fired with one (1) hand. See Tennessee Code 39-11-106
- Harm: means anything reasonably regarded as loss, disadvantage or injury, including harm to another person in whose welfare the person affected is interested. See Tennessee Code 39-11-106
- 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
- Holder: means a person obligated to hold for the account of, or to deliver or pay to, the owner of property that is subject to this part. See Tennessee Code 66-29-102
- Holder: includes the seller who acquires a membership camping contract or, if the contract is purchased, a financing agency or other assignee that purchases the contract. See Tennessee Code 66-32-302
- 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
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Insurance company: means an insurer, not-for-profit hospital and medical corporation regulated under title 56, chapter 29, health maintenance organization, fraternal benefit society, or any person or entity required to obtain a certificate of authority or similar license from the department of commerce and insurance under title 56 in order to issue or enter into contracts of insurance in this state. See Tennessee Code 66-29-102
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- Inter vivos: Transfer of property from one living person to another living person.
- Intestate: Dying without leaving a will.
- Juror: A person who is on the jury.
- Juror: means any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. See Tennessee Code 39-16-101
- Knowing: means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. See Tennessee Code 39-11-106
- Last known address: means for notification purposes the street address, post office box, or electronic mail address provided by the occupant in the latest rental agreement or in a subsequent written notice of a change of address provided by the occupant. See Tennessee Code 66-31-102
- Law: means any act or statute, general, special or local, of this state, including, but not limited to, any local government charter. See Tennessee Code 9-21-105
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, or a rule authorized by and lawfully adopted under a statute. See Tennessee Code 39-16-401
- Law enforcement officer: includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer. See Tennessee Code 39-11-106
- 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
- Leased space: means the storage space or spaces at the self-service storage facility that are leased or rented to an occupant pursuant to a rental agreement. See Tennessee Code 66-31-102
- Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Limited common elements: means and includes those common elements which are agreed upon by all of the co-owners to be reserved for the use of a certain number of apartments to the exclusion of the other apartments, such as special corridors, stairways and elevators, sanitary services common to the apartments of a particular floor, and the like. See Tennessee Code 66-27-102
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
- Local government: means any county, municipality or metropolitan government in this state. See Tennessee Code 9-21-105
- Local government: means any metropolitan government, municipality, or county located in this state. See Tennessee Code 66-29-102
- Long-term rental property: means a single family residential real property that is leased by the owner to a lessee for a period of one hundred eighty (180), or more, consecutive days. See Tennessee Code 66-27-701
- Loyalty card: means a record given without direct monetary consideration under an award, reward, benefit, loyalty, incentive, rebate, or promotional program that may be used or redeemed only to obtain goods or services or a discount on goods or services. See Tennessee Code 66-29-102
- Majority of co-owners: means more than fifty percent (50%) of the co-owners. See Tennessee Code 66-27-102
- Managing agent: means a person who undertakes the duties, responsibilities, and obligations of the management of a time-sharing program. See Tennessee Code 66-32-102
- master lease: means the deed or lease recording the property of the horizontal property regime. See Tennessee Code 66-27-102
- Material: means the statement, irrespective of its admissibility under the rules of evidence, could have affected the course or outcome of the official proceeding. See Tennessee Code 39-16-701
- Membership camping contract: means an agreement offered or sold within this state evidencing a purchaser's title to, interest in, right or license to use, for more than thirty (30) days, the campgrounds and facilities of a membership camping operator and includes a membership which provides for this use. See Tennessee Code 66-32-302
- Membership camping operator: means any enterprise, other than one that is tax exempt under §. See Tennessee Code 66-32-302
- Military medal: means any decoration or award that may be presented or awarded to a member of the armed forces of the United States or national guard. See Tennessee Code 66-29-102
- Mineral: means gas, oil, coal, oil shale, other gaseous liquid or solid hydrocarbon, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources, and any other substance defined as a mineral by any other law of this state. See Tennessee Code 66-29-102
- Mineral proceeds: includes an amount payable:
(A) For the acquisition and retention of a mineral lease, including, but not limited to, a bonus, royalty, compensatory royalty, shut-in royalty, minimum royalty, and delay rental. See Tennessee Code 66-29-102 - Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
- Money order: means a payment order for a specified amount of money and includes, but is not limited to, an express money order and a personal money order on which the remitter is the purchaser. See Tennessee Code 66-29-102
- Month: means a calendar month. See Tennessee Code 1-3-105
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- Municipal bond: means a bond of evidence of indebtedness issued by a municipality or other political subdivision of a state. See Tennessee Code 66-29-102
- Museum: means those museums and art galleries owned or operated by the state or any political subdivision of the state, and those museums, historical societies, and art galleries owned and operated by not-for-profit corporations. See Tennessee Code 66-29-202
- Net card value: means the original purchase price or original issued value of a stored-value card, plus amounts added to its original value and minus amounts used and any service charge, fee, or dormancy charge permitted by law. See Tennessee Code 66-29-102
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Non-freely transferable security: includes a worthless security. See Tennessee Code 66-29-102
- Nondisturbance agreement: means an instrument by which the holder of a blanket encumbrance agrees that:
(A) Its rights in any campground made available to purchasers by the membership camping operator shall be subordinate to the rights of purchasers from and after the recordation of the instrument. See Tennessee Code 66-32-302 - Notes: means notes or interim certificates issued pending preparation or delivery of definitive notes of a local government issued pursuant to this chapter. See Tennessee Code 9-21-105
- Oath: A promise to tell the truth.
- Oath: means a solemn and formal undertaking to tell the truth and includes an equivalent affirmation permitted by law as a substitute for an oath administered by a person authorized by law to take statements under oath. See Tennessee Code 39-16-701
- 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.
- Obligee: means any person or entity to whom a residential ground rent is owed, including its successors and assigns. See Tennessee Code 66-30-102
- Obligor: means one (1) or more individuals who are obligated to pay a residential ground rent, including their successors, sublessees or assigns. See Tennessee Code 66-30-102
- Obtain: includes , but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses. See Tennessee Code 39-11-106
- Occupant: means a person, or a sublessee, successor, or assign of such person, entitled to the use of leased space at a self-service storage facility under a rental agreement, to the exclusion of others. See Tennessee Code 66-31-102
- Offer: means any solicitation reasonably designed to result in the entering into of a membership camping contract. See Tennessee Code 66-32-302
- Offering: means any offer to sell, solicitation, inducement or advertisement whether by radio, television, newspaper, magazine or by mail, whereby a person is given an opportunity to acquire a time-share interval within a project located either within or outside the state. See Tennessee Code 66-32-102
- Offering: means any offer to sell, solicitation, inducement or advertisement whether by radio, television, newspaper, magazine or by mail, whereby a person is given an opportunity to acquire a time-share interval within a project located either within or outside the state. See Tennessee Code 66-32-102
- Official proceeding: means any type of administrative, executive, legislative or judicial proceeding that may be conducted before a public servant authorized by law to take statements under oath. See Tennessee Code 39-11-106
- Official proceeding: means any type of administrative, executive, judicial, or legislative proceeding that is conducted before a public servant authorized by law to take statements under oath in that proceeding. See Tennessee Code 39-16-701
- Owner: means the owner, operator, lessor, or sublessor of a self-service storage facility, the agent of such person, or any person authorized by such person to manage the facility or to receive rent from an occupant under a rental agreement. See Tennessee Code 66-31-102
- Owner: includes :
(A) A depositor, for a deposit. See Tennessee Code 66-29-102 - Paper document: means a document that is received by the county register of deeds in a form that is not electronic. See Tennessee Code 66-24-202
- 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.
- Payroll card: means a record that evidences a payroll card account, as that term is defined in 12 C. See Tennessee Code 66-29-102
- Pecuniary benefit: means benefit in the form of money, property, commercial interests or anything else, the primary significance of which is economic gain. See Tennessee Code 39-16-101
- Penal institution: includes any institution or facility used to house or detain a person:
(A) Convicted of a crime. See Tennessee Code 39-16-601 - Person: means a natural person, partnership, association, cooperative, corporation, trust, or other legal entity. See Tennessee Code 66-33-102
- Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
- Person: means one (1) or more natural persons, corporations, partnerships, associations, trusts, other entities, or any combination thereof. See Tennessee Code 66-32-102
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Tennessee Code 66-24-202
- Person: means an individual, firm, corporation, partnership, association, trust or other legal entity, or any combination of these. See Tennessee Code 66-27-102
- Person: means an individual, estate, business association, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Tennessee Code 66-29-102
- Person: means one (1) or more natural persons, corporations, partnerships, associations, trusts, other entities, or any combination thereof. See Tennessee Code 66-32-102
- Person: means any individual, corporation, partnership, company, and any other form of multiple organization for carrying on foreign or domestic business, other than a government or a subdivision of a government. See Tennessee Code 66-32-302
- Personal property: All property that is not real property.
- Personal property: means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, household items, and vehicles. See Tennessee Code 66-31-102
- Personal property: includes money, goods, chattels, things in action, and evidences of debt. 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.
- 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.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Private elements: means and includes the lot area upon which an apartment is located and the improvements located thereon, as described in the declaration, and for which fee simple ownership and exclusive use is reserved to that apartment only. See Tennessee Code 66-27-102
- Probate: Proving a will
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Prohibit: means to forbid or ban, either permanently or temporarily, an owner of a residential property that is subject to a declaration from using the residential property as a long-term rental property. See Tennessee Code 66-27-701
- Project instrument: means one (1) or more recordable documents applicable to the whole project by whatever name denominated, containing restrictions or covenants regulating the use, occupancy or disposition of an entire project, including any amendments to the document, but excluding any law, ordinance, or governmental regulation. See Tennessee Code 66-32-102
- Property: means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. See Tennessee Code 39-11-106
- property: means all of the real property subject to a project instrument, and containing more than one (1) unit. See Tennessee Code 66-32-102
- Property: means and includes the land whether leasehold or in fee simple and the building, all improvements and structures thereon and all easements, rights and appurtenances belonging to such land. See Tennessee Code 66-27-102
- Property: means tangible property described in §. See Tennessee Code 66-29-102
- property: means all of the real property subject to a project instrument, and containing more than one (1) unit. See Tennessee Code 66-32-102
- Public offering statement: means that statement required by §. See Tennessee Code 66-32-102
- Public offering statement: means that statement required by §. See Tennessee Code 66-32-102
- Public servant: means :
(A) Any public officer or employee of the state or of any political subdivision of the state or of any governmental instrumentality within the state including, but not limited to, law enforcement officers. See Tennessee Code 39-11-106 - Public servant: means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties:
(A) An officer, employee, or agent of government. See Tennessee Code 39-16-401 - Public servant: means a person elected, selected, employed or otherwise designated as one (1) of the following, even if the person has not yet qualified for office or assumed the duties:
(A) An officer, employee, or agent of government. See Tennessee Code 39-16-501 - Public works project: includes any one (1) or any combination of the following: acquisitions of land for the purpose of providing or preserving open land. See Tennessee Code 9-21-105
- Public-use airport: is a n airport owned or controlled by an airport authority. See Tennessee Code 66-29-301
- Purchaser: means any person other than a developer or lender who acquires an interest in a time-share interval. See Tennessee Code 66-32-102
- Purchaser: means any person other than a developer or lender who acquires an interest in a time-share interval. See Tennessee Code 66-32-102
- Purchaser: means a person who enters into a membership camping contract and obtains the right to use the camping or outdoor facilities of a membership camping operator. See Tennessee Code 66-32-302
- Putative holder: means a person believed by the treasurer to be a holder, until the person pays or delivers to the treasurer property subject to this part or until a final determination is made that the person is a holder. See Tennessee Code 66-29-102
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Tennessee Code 66-29-102
- 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
- Related: means children, parents, grandparents. See Tennessee Code 66-27-701
- Rental agreement: means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of leased space at a self-service storage facility. See Tennessee Code 66-31-102
- 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
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Reservation system: means the method, arrangement, or procedure by which the owners of vacation club interests are required to compete with other owners of vacation club interests in the same vacation club in order to reserve the use and occupancy of an accommodation of the vacation club for one or more use periods, regardless of whether such reservation system is operated and maintained by the vacation club managing entity, an exchange company, or any other person. See Tennessee Code 66-32-102
- Reservation system: means the method, arrangement, or procedure by which the owners of vacation club interests are required to compete with other owners of vacation club interests in the same vacation club in order to reserve the use and occupancy of an accommodation of the vacation club for one or more use periods, regardless of whether such reservation system is operated and maintained by the vacation club managing entity, an exchange company, or any other person. See Tennessee Code 66-32-102
- Residential ground rent: means a rent or charge paid for the use of land, whether or not title thereto is transferred to the user, or a lease of land, for residential purposes:
(A) Which is assignable by the obligor without the obligee's consent. See Tennessee Code 66-30-102 - Residential purposes: means any use of land wherein the owner and/or the occupant thereof resides, including, but not limited to, the following uses: apartments, multi-family, single-family, duplexes and condominiums. See Tennessee Code 66-30-102
- Residential real estate: means real property located in this state that is used primarily for personal, family, or household purposes and is improved by one (1) to four (4) dwelling units. See Tennessee Code 66-33-102
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
- Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
- Rules and regulations: means written policies, resolutions, guidelines, restrictions, and procedures of a homeowners' association, however denominated, which are not set forth in the declaration and which govern the conduct of persons or the use or appearance of property. See Tennessee Code 66-27-701
- Sales agent: means a person who sells or offers to sell "time-share intervals" in a "time-share program" to a purchaser. See Tennessee Code 66-32-102
- 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
- Security: means :
(A) A security interest, as that term is defined in §. See Tennessee Code 66-29-102 - Self-service storage facility: means any real property designed and used for the purpose of renting or leasing storage space to occupants who are to have access to such space for the purpose of storing and removing personal property. See Tennessee Code 66-31-102
- sell: means entering into, or other disposition, of a membership camping contract for value, but the term "value" does not include a fee to offset the reasonable costs of transfer of a membership camping contract. See Tennessee Code 66-32-302
- Seller: means a membership camping operator. See Tennessee Code 66-32-302
- Serious bodily injury: means bodily injury that involves:
(A) A substantial risk of death. See Tennessee Code 39-11-106 - Service of process: The service of writs or summonses to the appropriate party.
- Services: includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(38) or a specific statute exists covering the same or similar conduct. See Tennessee Code 39-11-106
- 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
- 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 9-21-105
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Tennessee Code 66-24-202
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Tennessee Code 66-29-102
- Statement: means any representation of fact. See Tennessee Code 39-16-501
- Statement: means any representation of fact. See Tennessee Code 39-16-701
- 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.
- Summons: Another word for subpoena used by the criminal justice system.
- Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
- Time-share estate: means an ownership or leasehold estate in property devoted to a time-share fee, tenants in common, time span ownership, interval ownership, and a time-share lease. See Tennessee Code 66-32-102
- Time-share instrument: means any document by whatever name denominated, creating or regulating time-share programs, but excluding any law, ordinance or governmental regulation. See Tennessee Code 66-32-102
- Time-share interval: means a time-share estate or a time-share use. See Tennessee Code 66-32-102
- Time-share interval: means a time-share estate or a time-share use. See Tennessee Code 66-32-102
- Time-share program: means any arrangement for time-share intervals in a time-share project whereby use, occupancy or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occupancy or possession circulates among purchasers of the time-share intervals according to a fixed or floating time schedule on a periodic basis occurring annually over any period of time in excess of one (1) year. See Tennessee Code 66-32-102
- Time-share project: means any real property that is subject to a time-share program. See Tennessee Code 66-32-102
- Time-share project: means any real property that is subject to a time-share program. See Tennessee Code 66-32-102
- Time-share resale broker: means any person or entity who undertakes to list, advertise for sale, promote or sell by any means whatsoever more than five (5) time-share intervals per year in one (1) or more time-share projects on behalf of any number of purchasers. See Tennessee Code 66-32-102
- Time-share use: means any contractual right of exclusive occupancy which does not fall within the definition of a "time-share estate" including, without limitation, a vacation license, prepaid hotel reservation, club membership, vacation club interest, limited partnership or vacation bond. See Tennessee Code 66-32-102
- To record: means to record pursuant to the laws of the state of Tennessee relating to the recordation of deeds and other instruments conveying or affecting title to property. See Tennessee Code 66-27-102
- Townhouse corporation: means a not-for-profit corporation to be organized under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, of which all co-owners shall be members where private elements are involved. See Tennessee Code 66-27-102
- 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.
- Transfer: means the sale, gift, grant, conveyance, assignment, or other transfer of an interest in real property located in this state. See Tennessee Code 66-27-701
- Transit fare card: means any pass or instrument purchased to utilize public transportation facilities or services. See Tennessee Code 66-29-102
- Treasurer: means the state treasurer. See Tennessee Code 66-29-102
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
- Unit: means the real property or real property improvement in a project which is divided into time-share intervals. See Tennessee Code 66-32-102
- Utility: means a person that owns or operates for public use a plant, equipment, real property, franchise, or license for the following public services:
(A) The transmission of communications or information. See Tennessee Code 66-29-102 - Vacation club: means any system or program with respect to which a purchaser obtains, by any means, a recurring right to use and occupy accommodations and facilities, if any, in more than one (1) component site through the mandatory use of a reservation system, whether or not the purchaser's use and occupancy right is coupled with an interest in real property. See Tennessee Code 66-32-102
- Vacation club: means any system or program with respect to which a purchaser obtains, by any means, a recurring right to use and occupy accommodations and facilities, if any, in more than one (1) component site through the mandatory use of a reservation system, whether or not the purchaser's use and occupancy right is coupled with an interest in real property. See Tennessee Code 66-32-102
- Vacation club documents: means and includes the one (1) or more documents or instruments, by whatever name denominated, creating or governing a vacation club and the disposition of vacation club interests therein. See Tennessee Code 66-32-102
- Vehicle: means a motor vehicle, a trailer, or a semitrailer as defined in §. See Tennessee Code 66-31-102
- Verified mail: means any method of mailing that is offered by the United States postal service and that provides evidence of mailing. See Tennessee Code 66-31-102
- Virtual currency: means a digital representation of value used as a medium of exchange, unit of account, or a store of value that is not recognized by the United States as legal tender. See Tennessee Code 66-29-102
- Wet Signature: means a signature affixed in ink or pencil or other material to a paper document. See Tennessee Code 66-24-202
- Worthless security: means a security whose cost of liquidation and delivery would exceed the value of the security on the date a report is due under this part. See Tennessee Code 66-29-102
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105