Terms Used In Tennessee Code > Title 17 > Chapter 2 - Special Judges and Interchange

• ADAD equipment: means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating recorded messages to the numbers so selected or dialed. See Tennessee Code 47-18-1501
• Advertisement: means a commercial message in any medium that aids, promotes, or assists directly or indirectly a rental-purchase agreement. See Tennessee Code 47-18-603
• 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.
• Agency: means each state board, commission, committee, department, officer, or any other unit of state government authorized or required by any statute or constitutional provision to make rules or to determine contested cases. See Tennessee Code 4-5-102
• 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
• 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.
• 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.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• articles of organization: means , in the case of an LLC, articles of organization or, to the extent applicable with respect to an LLC initially formed under and governed by the Tennessee Limited Liability Company Act, compiled in chapters 201-248 of this title, articles of conversion, taken together with all of the following, to the extent they modify, correct, restate or otherwise affect the articles of organization or articles of conversion: articles of amendment, articles of correction, certificates of merger and all documents required to be filed with any of the articles of amendment, articles of correction and certificates of merger, as part of the formation and continuation of an LLC. See Tennessee Code 48-249-102
• Ascertainable loss: means an identifiable deprivation, detriment or injury arising from the identity theft or from any unfair, misleading or deceptive act or practice even when the precise amount of the loss is not known. See Tennessee Code 47-18-2102
• Ascertainable loss: means an identifiable deprivation, detriment or injury arising from the identity theft or from any unfair, misleading or deceptive act or practice even when the precise amount of the loss is not known. See Tennessee Code 47-18-2102
• 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.
• Attorney general: means the office of the Tennessee attorney general and reporter. See Tennessee Code 47-18-2102
• Attorney general: means the attorney general and reporter, or the attorney general and reporter's designee. See Tennessee Code 47-18-103
• Attorney general: means the attorney general and reporter, or the attorney general and reporter's designee. See Tennessee Code 47-18-501
• Attorney general: means the attorney general and reporter, or the attorney general and reporter's designee. See Tennessee Code 47-18-603
• Attorney general: means the office of the attorney general and reporter. See Tennessee Code 47-18-1002
• Attorney general: means the attorney general and reporter, or the attorney general and reporter's designee. See Tennessee Code 47-18-1702
• Attorney general: means the attorney general and reporter, or the attorney general and reporter's designee. See Tennessee Code 47-18-1802
• Attorney general: means the office of the Tennessee attorney general and reporter. See Tennessee Code 47-18-2102
• Automatic renewal: means a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term. See Tennessee Code 47-18-103
• Automatic renewal offer terms: means the following clear and conspicuous disclosures:
  (A) That the subscription or purchasing agreement will continue until the consumer cancels. See Tennessee Code 47-18-103
• 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.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the Tennessee hall of fame board created within the department under §. See Tennessee Code 4-3-5402
• Board: means the board of trustees of an authority. See Tennessee Code 7-57-103
• board of directors: means the governing board of a corporation, whether denominated the board of directors or otherwise, except that no person or group of persons is the board of directors because of powers delegated to that person or group pursuant to §. See Tennessee Code 48-51-201
• Business day: means any day other than a Saturday, Sunday, or legal holiday. See Tennessee Code 47-18-501
• Business day: means any calendar day except Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. See Tennessee Code 47-18-702
• Buyer: means a purchaser under a health club agreement. See Tennessee Code 47-18-301
• Buyer: means buyer or lessee. See Tennessee Code 47-18-702
• Candidate: means any person, whether employed or unemployed, seeking or entering into any arrangement for employment or change of employment through the services of an employment agency. See Tennessee Code 47-18-1702
• Cash price: means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental-purchase agreement. See Tennessee Code 47-18-603
• chief legislative body: means the county legislative body. See Tennessee Code 7-57-103
• Cigarette retailer: means each and every cigarette vending machine, place, store, booth, concession, truck, vehicle or person that in any way sells or makes available cigarettes or cigarette products directly or indirectly to the ultimate consumer. See Tennessee Code 47-18-2002
• Clear and conspicuous: means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language. See Tennessee Code 47-18-103
• clearly and conspicuously: means in a volume and cadence sufficient to be readily audible and understandable. See Tennessee Code 47-18-103
• club: means any person, corporation, partnership, unincorporated association, or other business enterprise operating for profit within the state of Tennessee, the primary purpose of which is to provide benefits to members from the cooperative purchase of services or merchandise. See Tennessee Code 47-18-501
• 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
• Commission: means the Tennessee public utility commission, created by §. See Tennessee Code 47-18-1501
• Commissioner: means the commissioner of tourist development, or the commissioner's designee. See Tennessee Code 4-3-5402
• Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 47-18-1002
• Commissioner: means the Tennessee commissioner of agriculture or a departmental employee designated by the commissioner to act as the commissioner's representative for purposes of this part. See Tennessee Code 47-18-1303
• 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.
• Consumer: means any natural person who resides, is present or is domiciled in this state, or who is or may become a plaintiff or complainant in a dispute in this state. See Tennessee Code 47-16-102
• Consumer: means any natural person who seeks or acquires by purchase, rent, lease, assignment, award by chance, or other disposition, any goods, services, or property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situated or any person who purchases or to whom is offered for sale a franchise or distributorship agreement or any similar type of business opportunity. See Tennessee Code 47-18-103
• Consumer: means a natural person who rents personal property under a rental-purchase agreement. See Tennessee Code 47-18-603
• Consumer: means any individual who is solicited to purchase or who purchases the services of a credit services business. See Tennessee Code 47-18-1002
• Consumer: means any renter, purchaser, or subscriber of goods or services from a video tape service provider or video tape seller. See Tennessee Code 47-18-2203
• Consumer report: means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, which is furnished or is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for:
  (i) Credit or insurance to be used primarily for personal, family, or household purposes. See Tennessee Code 47-18-1002
• Consumer report: has the meaning ascribed to that term by Tennessee Code 47-18-2102
• Consumer reporting agency: means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of commerce for the purpose of preparing or furnishing consumer reports. See Tennessee Code 47-18-1002
• Consumer reporting agency: has the meaning ascribed to that term by Tennessee Code 47-18-2102
• consumer transaction: means the advertising, offering for sale, lease or rental, or distribution of any goods, services, or property, tangible or intangible, real, personal, or mixed, and other articles, commodities, or things of value wherever situated. See Tennessee Code 47-18-103
• Consummation: means the time a consumer becomes contractually obligated on a rental-purchase agreement. See Tennessee Code 47-18-603
• Contested case: means a proceeding, including a declaratory proceeding, in which the legal rights, duties or privileges of a party are required by any statute or constitutional provision to be determined by an agency after an opportunity for a hearing. See Tennessee Code 4-5-102
• Continuous service: means a plan or arrangement in which a subscription or purchasing agreement continues until the consumer cancels the service. See Tennessee Code 47-18-103
• Contract: A legal written agreement that becomes binding when signed.
• Contract: means any oral or written agreement by which one becomes a member of a club. See Tennessee Code 47-18-501
• Contract for home improvement services: means a contractual agreement, written or oral, between a person performing home improvement services and a residential owner, and includes all labor, services and materials to be furnished and performed under such agreement. See Tennessee Code 47-18-103
• 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.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• Covered file-sharing program: means a computer program, application, or software that enables the computer on which such program, application, or software is installed to designate files as available for searching by and copying to one (1) or more other computers, to transmit such designated files directly to one (1) or more other computers, and to request the transmission of such designated files directly from one (1) or more other computers. See Tennessee Code 47-18-103
• Creating municipality: means any city or metropolitan government having a population of not less than two hundred thousand (200,000), according to the 1970 federal census or any subsequent federal census, or any county in which any such city shall be situated, that shall create an authority pursuant to this chapter. See Tennessee Code 7-57-103
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
• Credit services business: means any person who, with respect to the extension of credit by others, sells, provides, or performs, or represents that such person can or will sell, provide, or perform any of the following services in return for the payment of money or other valuable consideration:
  (i) Improving a consumer's credit record, history, or rating. See Tennessee Code 47-18-1002
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of tourist development. See Tennessee Code 4-3-5402
• Department: means the Tennessee department of agriculture. See Tennessee Code 47-18-1303
• Dependent: A person dependent for support upon another.
• Diesel fuel: means refined oils commonly used in internal combustion engines where ignition occurs by pressure and not by electric spark, the classification of which shall be defined by the American Society for Testing and Materials. See Tennessee Code 47-18-1303
• Directors: means natural persons, designated in the charter or bylaws or elected or appointed by the incorporators, and their successors and natural persons elected or appointed to act as members of the board, irrespective of the names or titles by which such persons are described. See Tennessee Code 48-51-201
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dissolution: means that the LLC has incurred an event under §. See Tennessee Code 48-202-101
• Docket: A log containing brief entries of court proceedings.
• Documentary material: means the original or copy of any book, record, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated. See Tennessee Code 47-18-103
• Employer: means any person who engages or seeks to engage candidates for employment. See Tennessee Code 47-18-1702
• Employment agency: means any person who, for a fee paid by a candidate or other compensation provided by a candidate:
  (A) Places or attempts to place candidates seeking employment where the fee is not paid by the employer. See Tennessee Code 47-18-1702
• Entertainment properties: means motion pictures, television programs, computer-generated imagery, interactive digital media, stand-alone post-production scoring and editing, sound recordings, and other audio, video, or audiovisual programs produced for distribution to the public. See Tennessee Code 4-3-5002
• Entity: means , whether foreign or domestic and whether for profit or not-for-profit, limited liability companies, corporations, unincorporated associations, real estate investment trusts, statutory or business trusts or associations, estates, general partnerships, limited partnerships, registered or unregistered limited liability partnerships, limited liability limited partnerships or similar organizations, trusts, joint ventures, two (2) or more persons having a joint or common economic interest, and local, municipal, state, United States and foreign governments. See Tennessee Code 48-249-102
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Ex officio: Literally, by virtue of one's office.
• Executive officer: means the mayor, county mayor, or other chief executive officer of any creating or participating municipality. See Tennessee Code 7-57-103
• Extension of credit: means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes. See Tennessee Code 47-18-1002
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee: means anything of value paid or directed to be paid for the services of an employment agency. See Tennessee Code 47-18-1702
• Field inspector: means an employee of the department, or an employee of a person contracting with the department, whose duties and responsibilities include the collection of kerosene or motor fuel samples for testing and other activities related to enforcement of this part. See Tennessee Code 47-18-1303
• File: when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. See Tennessee Code 47-18-1002
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• 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.
• Food: means any nourishing substance intended to be eaten by human beings. See Tennessee Code 47-18-1802
• 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}
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gasoline: means a volatile mixture of liquid hydrocarbons generally containing small amounts of additives suitable for use as a fuel in spark-ignition internal combustion engines. See Tennessee Code 47-18-1303
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Goods: means any tangible chattels leased, bought, or otherwise obtained for use by an individual primarily for personal, family, or household purposes or a franchise, distributorship agreement, or similar business opportunity. See Tennessee Code 47-18-103
• Goods: means tangible personal property and also includes a merchandise certificate whereby a writing is issued by the seller which is not redeemable in cash and is usable in lieu of cash in exchange for goods or services. See Tennessee Code 47-18-702
• Governing body: means the chief legislative body of any creating or participating municipality. See Tennessee Code 7-57-103
• Governmental entity: means :
  (A) The state and each of its departments, agencies, divisions, boards, commissions, and other instrumentalities. See Tennessee Code 47-17-103
• 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.
• 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.
• Hall of fame: means the Tennessee sports hall of fame created under §. See Tennessee Code 4-3-5402
• Health club: means any enterprise, however styled, which offers on a regular, full-time basis, and pursuant to a health club agreement, services or facilities for the development or preservation of physical fitness through exercise, weight control or athletics. See Tennessee Code 47-18-301
• Health club agreement: means an agreement whereby a buyer purchases, or is obligated to purchase, any right to use health club facilities or services. See Tennessee Code 47-18-301
• 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
• Home improvement services: means the repair, replacement, remodeling, alteration, conversion, modernization, improvement, or addition to any residential property, and includes but is not limited to, the repair, replacement, remodeling, alteration, conversion, modernization, improvement, or addition to driveways, swimming pools, porches, garages, landscaping, fences, fall-out shelters, and roofing. See Tennessee Code 47-18-103
• Home improvement services provider: means any person or entity, whether or not licensed pursuant to title 62, chapter 6, who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, schedule, direct, or in any manner assume charge of the home improvement service for a fee. See Tennessee Code 47-18-103
• Home solicitation sale: means a consumer sale or lease of goods (other than farm equipment and/or motor vehicles) or services, other than insurance and securities, in which the seller or a person acting for the seller engages in the personal solicitation of the sale or lease at any residence other than that of the seller, and the buyer's agreement or offer to purchase or lease is there given to the seller or a person acting for the seller. See Tennessee Code 47-18-702
• hospital authority: means a public body and a body corporate and public organized in accordance with this chapter for the purposes, with the powers, and subject to the restrictions set forth in this chapter. See Tennessee Code 7-57-103
• Identification documents: means any card, certificate or document which identifies or purports to identify the bearer of such document, whether or not intended for use as identification, and includes, but is not limited to, documents purporting to be a driver license, nondriver identification cards, birth certificates, marriage certificates, divorce certificates, passports, immigration documents, social security cards, employee identification cards, cards issued by the government to provide benefits of any sort, health care benefit cards, or health benefit organization, insurance company or managed care organization cards for the purpose of identifying a person eligible for services. See Tennessee Code 47-18-2102
• Identity theft: means :
  (A) Obtaining, possessing, transferring, using or attempting to obtain, possess, transfer or use, for unlawful economic benefit, one (1) or more identification documents or personal identification numbers of another person. See Tennessee Code 47-18-2102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• 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}
• internal management: means the administration of an agency's internal operations for the purpose of facilitating operational effectiveness and efficiency. See Tennessee Code 4-5-102
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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.
• Kerosene: means a refined oil intended for heating or illuminating use, the classification of which shall be defined by the American Society for Testing and Materials. See Tennessee Code 47-18-1303
• knowing: means actual awareness of the falsity or deception, but actual awareness may be inferred where objective manifestations indicate that a reasonable person would have known or would have had reason to know of the falsity or deception. See Tennessee Code 47-18-103
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• 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}
• Lessor: means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of property under a rental-purchase agreement. See Tennessee Code 47-18-603
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: includes the whole or part of any agency, permit, certificate, approval, registration, charter or similar form of permission required by law. See Tennessee Code 4-5-102
• Licensing: includes the agency process respecting the grant, denial, renewal, revocation, suspension, withdrawal or amendment of a license. See Tennessee Code 4-5-102
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Litigation financier: means a person, entity or partnership engaged in the business of litigation financing. See Tennessee Code 47-16-102
• LLC: means a limited liability company, organized under chapters 201-248 of this title. See Tennessee Code 48-202-101
• Local government: means any county, municipality, city or other political subdivision of this state, including any school districts or school systems created thereby. See Tennessee Code 4-3-5525
• Local telephone directory: includes :
  (A) A classified advertising directory, commonly referred to as the yellow pages. See Tennessee Code 47-18-103
• Manufacturer: means any person who manufactures, assembles or packages articles containing food of foreign origin. See Tennessee Code 47-18-1802
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• member: means any status by which any natural person is entitled to any of the benefits of a discount buying organization. See Tennessee Code 47-18-501
• Member: means a person that has been admitted to an LLC as a member, as provided in §. See Tennessee Code 48-249-102
• Metropolitan government: means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or cities. See Tennessee Code 7-1-101
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• 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.
• Motor fuel: means any liquid product used for the generation of power in an internal combustion or turbine engine and includes, but is not necessarily limited to, gasoline, diesel fuel and gasoline-alcohol blends. See Tennessee Code 47-18-1303
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• 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.
• Operator: means any person, firm, corporation, or business entity which operates a health club. See Tennessee Code 47-18-301
• Ordinance: means any ordinance adopted by governing bodies pursuant to this chapter. See Tennessee Code 7-57-103
• Ordinary course of business: means only debt collection activities, order fulfillment, request processing, and the transfer of ownership. See Tennessee Code 47-18-2203
• Participating municipality: means any city, town or county, which city, town or county, pursuant to a resolution of its governing body and an agreement with the creating municipality, shall have sold, leased, dedicated, donated or otherwise conveyed its hospitals to the authority for operation by the authority in order to make such hospital an operational part of its health care system. See Tennessee Code 7-57-103
• 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.
• Party: means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party. See Tennessee Code 4-5-102
• Person: means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character, including another agency. See Tennessee Code 4-5-102
• Person: means a natural person, consumer, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized. See Tennessee Code 47-18-2102
• Person: means a natural person, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized. See Tennessee Code 47-18-103
• Person: includes an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity. See Tennessee Code 47-18-1002
• Person: means any individual, partnership, firm, corporation or association, or any employee or agent thereof. See Tennessee Code 47-18-1201
• Person: means an individual, partnership, corporation, company, firm, association or other business entity. See Tennessee Code 47-18-1303
• Person: means any individual, company, corporation, partnership, association or firm, including any officer, director or employee of a corporation. See Tennessee Code 47-18-1702
• Person: means a natural person, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized. See Tennessee Code 47-18-1802
• Person: means a natural person, consumer, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized. See Tennessee Code 47-18-2102
• Person: means an individual or an entity. See Tennessee Code 48-249-102
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Personal identification number: means any number that is assigned by the government to identify a particular person, including, but not limited to, social security number, federal tax payer identification number, Medicaid, Medicare or TennCare number which identifies a particular person eligible for benefits, any number assigned to a person as part of a licensure or registration process, such as a board of professional responsibility number, driver license number and passport number and any number assigned by an insurance company, health maintenance organization, managed care organization or other health benefit organization, for the purposes of identifying a particular person eligible for services. See Tennessee Code 47-18-2102
• 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
• Personally identifiable information: means any information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider or video tape seller. See Tennessee Code 47-18-2203
• Physical address: means the mailing address, including a zip code, which details the actual location of a person or entity, but does not include a post office box. See Tennessee Code 47-18-103
• 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.
• Policy: means any statement, document, or guideline prepared or issued by any agency pursuant to its delegated authority that merely defines or explains the meaning of a statute or a rule. See Tennessee Code 4-5-102
• Possession: means actual care, custody, control, or management of residential property, but shall not include occupancy of residential property through a lease or rental agreement. See Tennessee Code 47-18-103
• 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}
• Prepayment: means any payment greater than fifty dollars ($50. See Tennessee Code 47-18-501
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• 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.
• Proceeding: means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, and whether formal or informal. See Tennessee Code 48-249-102
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Quorum: The number of legislators that must be present to do business.
• 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 a perceivable form. See Tennessee Code 1-3-105
• Released claims: means the causes of action and other claims that are released in a statewide opioid settlement agreement or as set forth in a declaration of such an agreement by the attorney general and reporter, including matters identified as released claims as that term or a comparable term is defined in a statewide opioid settlement agreement. See Tennessee Code 47-17-103
• Released entities: means the entities released in a statewide opioid settlement agreement and pursuant to a declaration of a statewide settlement agreement by the attorney general and reporter, including those identified as released entities as that term or a comparable term is defined in a statewide opioid settlement agreement. See Tennessee Code 47-17-103
• 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.
• Rental-purchase agreement: means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes, for an initial period of four (4) months or less (whether or not there is any obligation beyond the initial period) that is automatically renewable with each payment and that permits the consumer to become the owner of the property. See Tennessee Code 47-18-603
• 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
• 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.
• Residential owner: means a person who has possession of residential real property, including any person authorized by such residential owner to act on the residential owner's behalf. See Tennessee Code 47-18-103
• Residential property: means the building structure where a person abides, lodges, resides or establishes a living accommodation or where a residential owner intends to abide, lodge, reside or establish a living accommodation following the completion of home improvement services made pursuant to a contract for home improvement services and includes the land on or adjacent to such building structure. See Tennessee Code 47-18-103
• Resolution: means any resolution adopted by governing bodies pursuant to this chapter. See Tennessee Code 7-57-103
• 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
• Rule: includes the establishment of a fee and the amendment or repeal of a prior rule. See Tennessee Code 4-5-102
• Secretary: means the corporate officer to whom the bylaws or the board of directors has delegated responsibility under §. See Tennessee Code 48-11-201
• Secretary of state: means the individual who holds the office of secretary of state of this state. See Tennessee Code 48-249-102
• Seller: means seller or lessor. See Tennessee Code 47-18-702
• Service of process: The service of writs or summonses to the appropriate party.
• Services: means any work, labor, or services including services furnished in connection with the sale or repair of goods or real property or improvements thereto. See Tennessee Code 47-18-103
• 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
• State: means the state of Tennessee. See Tennessee Code 7-57-103
• 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
• State communications: refers to the transmission of voice, data, video, the written word or other visual signals by electronic means but does not include broadcast radio and television facilities. See Tennessee Code 4-3-5525
• State-subdivision opioid abatement agreement: means an agreement entered into by the state and one (1) or more subdivisions of the state that addresses the allocation of funds dedicated to opioid abatement. See Tennessee Code 47-17-103
• Statewide opioid settlement agreement: means a settlement agreement entered into by the state and one (1) or more entities involved in activities related to the manufacture, marketing, distribution, dispensing, or sale of opioids in which subdivision claims are addressed. See Tennessee Code 47-17-103
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
• Summons: Another word for subpoena used by the criminal justice system.
• switch: means advertising items to lure consumers, then inducing the consumers to buy different and more expensive items by failing to make available the goods or services advertised, or by disparaging the less expensive product. See Tennessee Code 47-18-103
• Tax clearance for termination or withdrawal: means confirmation by the commissioner of revenue issued through electronic communication to the secretary of state or a certificate of tax clearance that an LLC or a foreign LLC has filed all applicable reports, including, but not limited to, a final report, and has paid all fees, penalties, and taxes as required by the revenue laws of this state. See Tennessee Code 48-249-102
• Telephone access line: means any seven-digit telephone number for each call to which a fee is charged. See Tennessee Code 47-18-1501
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Tennessee Consumer Protection Act: means the Tennessee Consumer Protection Act of 1977, as amended, compiled in part 1 of this chapter and related statutes. See Tennessee Code 47-18-2102
• Tennessee Consumer Protection Act: means the Tennessee Consumer Protection Act of 1977, as amended, compiled in part 1 of this chapter and related statutes. See Tennessee Code 47-18-2102
• Termination: means the end of an LLC's existence as a legal entity and occurs when the articles of termination are filed with the secretary of state under §. See Tennessee Code 48-202-101
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tobacco product manufacturer: means an entity that, after May 4, 1999, directly (and not exclusively through any affiliate):
  (i) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer as that term is defined in the master settlement agreement) that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States. See Tennessee Code 47-18-2002
• 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.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• 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
• Urban type public facilities: means and includes sanitary and storm sewer lines and facilities, plants for the collection, treatment and disposal of sewage and waste matter, facilities and plants for the incineration or other disposal of garbage, trash, ashes and other waste matter, or water supply and distribution lines, facilities and plants, chemical pipelines and docks, or all of these things, and fire protection and emergency medical services. See Tennessee Code 5-16-101
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Video tape seller: means any person engaged in the business of selling prerecorded video cassette tapes or similar audio visual materials. See Tennessee Code 47-18-2203
• Video tape service provider: means any person engaged in the business of rental of prerecorded video cassette tapes or similar audio visual materials. See Tennessee Code 47-18-2203
• Water treatment device: means any product that:
  (A) Is designed to alter the chemical or physical properties or characteristics of drinking water or plumbing, or which the seller, lessor or renter claims can alter the chemical or physical properties or characteristics of drinking water or plumbing. See Tennessee Code 47-18-1201
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• written: means any information in the form of a document. See Tennessee Code 48-11-201
• 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