Terms Used In Tennessee Code > Title 47 > Chapter 25 - Trade Practices

• 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.
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• All-terrain vehicle: means a motorized vehicle with no less than four (4) nonhighway tires, but no more than six (6) nonhighway tires, that is limited in total dry weight to less than three thousand five hundred pounds (3,500 lbs. See Tennessee Code 47-25-1902
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Art dealer: means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction. See Tennessee Code 47-25-1002
• Artist: means the person who creates a work of art, or, if such person is deceased, such person's heir, legatee, or personal representative. See Tennessee Code 47-25-1002
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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.
• Basic cost of cigarettes: means the invoice cost of cigarettes to the retailer or the replacement cost of cigarettes to the retailer within thirty (30) days prior to the date of sale, in the quantity last purchased, whichever is lower, absent any cash or other discounts and/or concessions of any kind, to which shall be added the full face value of any stamps which may be required by any cigarette tax law of this state now in effect or hereafter enacted, and any other taxes or fees imposed by title 67, chapter 4, part 10, if not already included by the manufacturer in this list price. See Tennessee Code 47-25-302
• Bid: means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture. See Tennessee Code 47-25-702
• Blending Stock: means any liquid compound used for blending with other liquid compounds, including catalytically reformed products and additives, to produce gasoline and gasoline-oxygenate blends that are consistent with the requirements of chapter 18, part 13 of this title. See Tennessee Code 47-25-2002
• Blind bidding: means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before such motion picture has either been trade screened or before such motion picture, at the option of the distributor, has otherwise been made available for viewing within Tennessee by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit such motion picture. See Tennessee Code 47-25-702
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• 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
• Commissioner: means the commissioner of revenue. See Tennessee Code 47-25-302
• 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: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consignment: means that no title to, estate in, or right to possession of, the work of art, superior to that of the consignor shall vest in the consignee, notwithstanding the consignee's power or authority to transfer and convey to a third person all of the right, title, and interest of the consignor in and to such work of art. See Tennessee Code 47-25-1002
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contract for invention development services: includes a contract by which an invention developer undertakes to develop or promote an invention for a customer. See Tennessee Code 47-25-1201
• 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.
• Cost to the retailer: means whichever is lower of the following:
  (i) The purchase price of the product or commodity to the retailer at the retail outlet when the invoice is dated not more than sixty (60) days prior to the sale of such product or commodity by the retailer. See Tennessee Code 47-25-202
• Cost to the retailer: means the "basic cost of cigarettes" to the retailer plus the "cost of doing business by the retailer". See Tennessee Code 47-25-302
• Cost to the retailer: means the sum of:
  (A) The lower of:

  (i) The purchase price of petroleum distillates to the retailer, less all trade discounts, allowances, or rebates actually granted to the retailer. See Tennessee Code 47-25-602
• Cost to the wholesaler: means and includes whichever is lower of the following:
  (i) The purchase price of the product or commodity to the wholesaler when the invoice is dated not more than sixty (60) days prior to the sale of such product or commodity by the wholesaler. See Tennessee Code 47-25-202
• Coupon: includes "coupon book. See Tennessee Code 47-25-802
• Coupon book: means a group of two (2) or more coupons sold, offered for sale, or otherwise distributed as a single unit. See Tennessee Code 47-25-802
• Current net price: means the price listed in the supplier's price list or catalogue in effect at the time the contract is cancelled or discontinued, less any applicable trade and cash discounts. See Tennessee Code 47-25-1301
• Current net price: means the price listed in the supplier's price list or catalogue in effect at the time the contract is canceled or discontinued, less any applicable trade and cash discounts. See Tennessee Code 47-25-1902
• Customer: includes any person, firm, corporation, or other entity that is solicited by, inquires about or seeks the services of, or enters into a contract for invention development services with, an invention developer, except:
  (A) Any department or agency of the federal, state, or local government. See Tennessee Code 47-25-1201
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means any person, firm, corporation, or partnership engaged in the sale of petroleum products to the public at retail. See Tennessee Code 47-25-602
• Dealer: means any person engaged in the business of selling and retailing inventory, who enters into a retail agreement, and who, under the terms of the agreement receives inventory from the supplier. See Tennessee Code 47-25-1902
• Decedent: A deceased person.
• Deceptive imitation: means any imitation calculated or likely to deceive purchasers exercising the care ordinarily exercised in buying. See Tennessee Code 47-25-401
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Definable group: means an assemblage of individuals existing or brought together with or without interrelation, orderly form, or arrangement, including, but not limited to, a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team. See Tennessee Code 47-25-1102
• Dilution: means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of:
  (A) Competition between the owner of the famous mark and other parties. See Tennessee Code 47-25-501
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distributor: means any person, firm, partnership, or corporation engaged in the sale of petroleum or related products at wholesale to dealers. See Tennessee Code 47-25-602
• Distributor: means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale, or licensing. See Tennessee Code 47-25-702
• Docket: A log containing brief entries of court proceedings.
• Drug: includes all preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of diseases of either humans or other animals. See Tennessee Code 47-25-401
• 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.
• Executor: A male person named in a will to carry out the decedent
• Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
• Exempt: means those sales at retail exempt by §. See Tennessee Code 47-25-602
• exhibition: means showing a motion picture to the public for a charge. See Tennessee Code 47-25-702
• Exhibitor: means any person engaged in the business of operating one (1) or more theatres. See Tennessee Code 47-25-702
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• fee: includes any payment made by the customer to such entity, including reimbursements for expenditures made or costs incurred by such entity, but does not include any payment made from a portion of the income received by a customer by virtue of invention development services performed by such entity. See Tennessee Code 47-25-1201
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Franchise: includes a contract or agreement under which such dealer is granted authority to occupy premises owned, leased, or in any way controlled by a producer or distributor, which premises are to be employed for the sale or distribution of petroleum or related products under the producer or distributor's petroleum trademark, trade name, service mark, or other identifying symbol or name which is controlled by the distributor or producer. See Tennessee Code 47-25-602
• Franchise: means a written or oral agreement for a definite or indefinite period, in which a person grants to another person authority to use a trade name, trademark, service mark or related characteristic within an exclusive territory, or to sell or distribute goods or services, within an exclusive territory, at wholesale, retail, by lease agreement or otherwise. See Tennessee Code 47-25-1502
• franchise agreement: means a written or oral agreement for a definite or indefinite period, in which a person grants to another person authority to use a trade name, trademark, service mark or related characteristic within an exclusive territory, or to sell or distribute goods or services, within an exclusive territory, at wholesale, retail, by lease agreement or otherwise. See Tennessee Code 47-25-1902
• Franchisee: means a person to whom a franchise is offered or granted only if such person is required to be licensed under §. See Tennessee Code 47-25-1502
• Franchisee: means a person to whom a franchise is offered or granted. See Tennessee Code 47-25-1902
• Franchisor: means a person who grants a franchise to another person where such person is the holder of a permit issued pursuant to §. See Tennessee Code 47-25-1502
• Franchisor: means a person who grants a franchise to another person. See Tennessee Code 47-25-1902
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good cause: means :
  (A) Failure by a franchisee to comply substantially with the requirements imposed or sought to be imposed upon the franchisee by the franchisor, which requirements are not discriminatory as compared with the requirements imposed on other similarly situated franchisees, either by their terms or in the manner of their enforcement, and which requirements are not in violation of any law or regulation. See Tennessee Code 47-25-1502
• Good faith: means honesty in fact in the conduct or transaction concerned. See Tennessee Code 47-25-1502
• 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.
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Improper means: includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or limit use, or espionage through electronic or other means. See Tennessee Code 47-25-1702
• 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.
• Individual: means human being, living or dead. See Tennessee Code 47-25-1102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Invention: means :
  (A) An invention. See Tennessee Code 47-25-1201
• Invention developer: means any person, firm, corporation, or association, and the agents, employees, or representatives of such person, firm, corporation, or association that develops or promotes or offers to develop or promote an invention, except:
  (A) Any department or agency of the federal, state, or local government. See Tennessee Code 47-25-1201
• Invention development services: includes acts required or promised to be performed, or actually performed, or both, by an invention developer for a customer. See Tennessee Code 47-25-1201
• Inventory: means farm implements and machinery, construction, utility and industrial equipment, consumer products, outdoor power equipment, attachments and repair parts. See Tennessee Code 47-25-1301
• Inventory: means motorcycles, off-road vehicles, attachments and repair parts. See Tennessee Code 47-25-1902
• 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.
• Juristic person: includes a firm, partnership, corporation, union, association, or other organization capable of suing and being sued in a court of law. See Tennessee Code 47-25-501
• 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}
• Legatee: A beneficiary of a decedent
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License agreement: means any contract, agreement, understanding, or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor. See Tennessee Code 47-25-702
• Likeness: means the use of an image of an individual for commercial purposes. See Tennessee Code 47-25-1102
• Lineal descendant: Direct descendant of the same ancestors.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Mark: includes any trademark or service mark, entitled to registration under this part whether registered or not. See Tennessee Code 47-25-501
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Misappropriation: means :
  (A) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means. See Tennessee Code 47-25-1702
• 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.
• Motorcycle: means a motorcycle as defined in §. See Tennessee Code 47-25-1902
• Net cost: means the price the dealer actually paid to the supplier for the inventory, less any applicable trade, volume, or cash bonus discounts, plus freight and set-up expense. See Tennessee Code 47-25-1902
• New and unused property: means tangible personal property that was acquired by the new and unused property merchant directly from the producer, manufacturer, wholesaler or retailer in the ordinary course of business which has never been used since its production or manufacturing or which is in its original and unopened package or container, if such personal property was so packaged when originally produced or manufactured. See Tennessee Code 47-25-1601
• New and unused property merchant: means a person who engages in the retail sale of personal property at a wholesale/retail outlet in this state and some of such property offered for sale is new and unused. See Tennessee Code 47-25-1601
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See Tennessee Code 1-3-105
• 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.
• Off-road vehicle: means any off-road motorcycle, all-terrain vehicle, utility vehicle or dune buggy. See Tennessee Code 47-25-1902
• Owner: means the person having the right to the use of a trademark. See Tennessee Code 47-25-401
• 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.
• Permissive supplier: means any person that is not subject to the general taxing jurisdiction of this state, but that:
  (A) Is a position holder in a federal qualified terminal located outside this state. See Tennessee Code 47-25-2002
• Person: includes any individual, partnership, corporation, or association. See Tennessee Code 47-25-401
• Person: includes one (1) or more individuals, partnerships, associations, societies, trusts, organizations, or corporations. See Tennessee Code 47-25-702
• Person: means any individual, partnership, firm, corporation, association, or other business organization or entity, including charitable or nonprofit organizations and their officers and employees. See Tennessee Code 47-25-802
• Person: means any individual, firm, partnership, corporation, or other organization. See Tennessee Code 47-25-902
• Person: means an individual, partnership, corporation, association, or other group, however organized. See Tennessee Code 47-25-1002
• Person: means any firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, community, civic, or other organizations. See Tennessee Code 47-25-1102
• Person: means a natural person, corporation, partnership, trust or other entity and, in case of an entity, it includes any other entity which has a majority interest in such entity, or effectively controls such other entity, as well as the individual officers, directors and other persons in active control of the activities of each such entity. See Tennessee Code 47-25-1502
• Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Tennessee Code 47-25-1702
• Person: means a sole proprietor, partnership, corporation, or any other form of business organization. See Tennessee Code 47-25-1902
• Person: means a natural person, partnership, firm, association, corporation, limited liability company, court appointed representative, state, political subdivision or any other entity, group or syndicate. See Tennessee Code 47-25-2002
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Personal property: All property that is not real property.
• 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
• Petroleum or related products: means all petroleum distillates including, but not limited to, gasoline, motor fuels, and lubricants and those products generally sold at retail outlets in connection with such petroleum products under a trademark, trade name, or symbol including, but not limited to, tires, batteries, and other motor vehicle accessories. See Tennessee Code 47-25-602
• Photograph: means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual, so that the individual is readily identifiable. See Tennessee Code 47-25-1102
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Position holder: includes a terminal operator that owns petroleum products in the terminal. See Tennessee Code 47-25-2002
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Producer: means any person, firm, partnership or corporation engaged in the drilling, pumping, importing, refining, or wholesaling of petroleum and related products under a trademark, trade name, service mark, or other identifying symbol or name whether or not such organization distributes such products to dealers. See Tennessee Code 47-25-602
• Promoter: means any person, and any agent or representative of such person, engaged in the sale or offering or solicitation for sale of coupons. See Tennessee Code 47-25-802
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• 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
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Refiner: means a person that owns, operates or otherwise controls a refinery within the United States. See Tennessee Code 47-25-2002
• Refinery: means a facility used to produce motor fuel from crude oil, unfinished oils, natural gas liquids or other hydrocarbons, and from which motor fuel may be removed by pipeline, by marine vessel or at a rack. See Tennessee Code 47-25-2002
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• 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
• Retail agreement: means an agreement, including a franchise agreement that meets the requirements of a retail agreement, whether express, implied, oral, or written, between two (2) or more persons:
  (A) By which a person receives the right to:

  (i) Sell or lease inventory or services at retail or wholesale. See Tennessee Code 47-25-1902
• retail sale: means sale at retail, sales at retail, or retail sale, as defined in §. See Tennessee Code 47-25-602
• Retail sale: means any sale, except a sale for the purpose of resale in the ordinary course of business. See Tennessee Code 47-25-902
• Retail station: means any service station, garage, truck stop or other outlet dispensing motor fuel from a container equipped with a computer-type pump that measures fuel passing through it. See Tennessee Code 47-25-2002
• Retailer: means and includes every person, partnership, firm, corporation or association engaged in the business of making sales at retail within this state. See Tennessee Code 47-25-202
• Retailer: means a dealer, as defined in this section. See Tennessee Code 47-25-602
• Retailer: means any person, firm or corporation engaged in the business of selling and retailing farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment, attachments or repair parts and shall not include retailers of petroleum products. See Tennessee Code 47-25-1301
• 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}
• Run: means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. See Tennessee Code 47-25-702
• 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
• Secretary: means the secretary of state or the designee of the secretary charged with the administration of this part. See Tennessee Code 47-25-501
• Service mark: means any word, name, symbol, or device or any combination thereof used by a person, to identify and distinguish the services of one (1) person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. See Tennessee Code 47-25-501
• 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.
• 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
• Sponsor: means any person represented as being obligated to provide goods, services, or discount privileges to the purchaser or holder of a coupon. See Tennessee Code 47-25-802
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Supplier: means any manufacturer, wholesaler, wholesale distributor, or any purchaser of assets or stock of any surviving corporation resulting from a merger or liquidation, any receiver or assignee, or any trustee of the original manufacturer, wholesaler or distributor. See Tennessee Code 47-25-1301
• Supplier: includes a:
  (A) Wholesaler. See Tennessee Code 47-25-1902
• Supplier: means a person that meets all the following conditions:
  (A) Is subject to the general taxing jurisdiction of this state. See Tennessee Code 47-25-2002
• 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.
• Terminal: means a storage and distribution facility for taxable motor fuel, supplied by pipeline or marine vessel, that is registered as a qualified terminal by the internal revenue service. See Tennessee Code 47-25-2002
• Terminate: includes the failure to renew. See Tennessee Code 47-25-1902
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Theatre: means any establishment in which motion pictures are exhibited to the public regularly for a charge. See Tennessee Code 47-25-702
• 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.
• Trade name: means any name used by a person to identify a business or vocation of such person. See Tennessee Code 47-25-501
• Trade screening: means the showing of a motion picture by a distributor at the location of the film exchange(s) that distributes the distributor's picture(s) in Tennessee, which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture. See Tennessee Code 47-25-702
• Trade secret: means information, without regard to form, including, but not limited to, technical, nontechnical or financial data, a formula, pattern, compilation, program, device, method, technique, process, or plan that:
  (A) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use. See Tennessee Code 47-25-1702
• Trademark: includes any trade or identifying mark, term, design, device, label, slogan, dress, or other means by which the goods of any producer, manufacturer, packer, owner, or seller may be identified. See Tennessee Code 47-25-401
• Trademark: means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if that source is unknown. See Tennessee Code 47-25-501
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Two-party exchange: means a transaction in which a petroleum product is transferred from one licensed supplier or licensed permissive supplier to another licensed supplier or licensed permissive supplier pursuant to an exchange agreement:
  (A) Which transaction includes a transfer from the person that holds the inventory position for taxable motor fuel in the terminal as reflected on the records of the terminal operator. See Tennessee Code 47-25-2002
• 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}
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Use: means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Tennessee Code 47-25-501
• Vertical integration: means the ownership or control of all phases of the production of petroleum products including the drilling, pumping, refining, distribution, and resale of such petroleum products by a person, firm, partnership or corporation or from the well to the gasoline pump. See Tennessee Code 47-25-602
• Vertically integrated producer: means a producer controlling all phases of petroleum production and sale from the well through distribution to dealers as defined herein. See Tennessee Code 47-25-602
• Voice: means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual. See Tennessee Code 47-25-1102 v2
• wholesale sales: means and includes any transfer, for a valuable consideration made in the ordinary course of trade or the usual prosecution of the seller's business, of title to tangible personal property to the purchaser for resale either in its original form or as processed or prepared for resale by hotels, cafes, or hospitals or other institutions. See Tennessee Code 47-25-202
• Wholesaler: means and includes every person, partnership, firm, corporation, or association engaged in the business of making sales at wholesale within this state. See Tennessee Code 47-25-202
• Wholesaler: means one who sells other than at retail, as defined in this section. See Tennessee Code 47-25-902
• Wholesaler: means an entity that acquires petroleum products from a supplier, importer or from another wholesaler for subsequent sale and distribution at wholesale by tank cars, transport trucks or vessels, and subsequently resells to retailers, other wholesalers or to consumers from its own or its wholly owned affiliated retail locations. See Tennessee Code 47-25-2002
• Work of art: means an original art work which is:
  (A) A visual rendition, including a painting, drawing, sculpture, mosaic, or photograph. See Tennessee Code 47-25-1002
• 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
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105