Terms Used In Tennessee Code > Title 29 > Chapter 38 - Drug Dealer Liability Act

• Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member, together with any amount transferred to the account of the member established pursuant to chapters 34-37 of this title from the respective account of the member under one (1) or more of the superseded systems, with interest thereon, as provided in §. See Tennessee Code 8-34-101
• Amateur: means a person who has never competed in an unarmed combat sport competition or contest for any purse or item of value, other than for a prize or item of value that does not exceed fifty dollars ($50. See Tennessee Code 68-115-102
• Amortization: Paying off a loan by regular installments.
• 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.
• 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.
• Beneficiary: means any person, persons or institution receiving a retirement allowance or other benefit as provided in chapters 34-37 of this title. See Tennessee Code 8-34-101
• 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 board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
• Boxing: means unarmed combat to compete with the fists. See Tennessee Code 68-115-102
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Combatant: means any person eighteen (18) years of age or older who engages in a professional unarmed combat contest. See Tennessee Code 68-115-102
• Commission: means the Tennessee athletic commission. See Tennessee Code 68-115-102
• Commissioner: means any person in office as a member of the public service commission, as prescribed by title 65, chapter 1, prior to June 30, 1996. See Tennessee Code 8-34-101
• Commissioner: means any member of the Tennessee athletic commission. See Tennessee Code 68-115-102
• Contest: means an unarmed combat sport competition or exhibition in which at least one (1) of the combatants is a professional or has previously competed as a professional in this state or any other state or in which licensed combatants compete for a purse or item of value greater than that amount authorized pursuant to subdivision (1) for an amateur event. See Tennessee Code 68-115-102
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of commerce and insurance. See Tennessee Code 68-115-102
• Display fireworks: means those fireworks designed primarily to produce visible or audible effects by combustion, deflagration or detonation and that are classified as 1. See Tennessee Code 68-104-202
• Employer: means :
  (A) The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101
• Event: means any function or gathering at which there will be a fireworks display, a pyrotechnic display, a flame effect display or any combination of these displays. See Tennessee Code 68-104-202
• Event: means an amateur event in which amateurs, as defined in this section, compete in an unarmed combat sport competition in accordance with this chapter. See Tennessee Code 68-115-102
• 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.
• Fire marshal: means the state fire marshal. See Tennessee Code 68-104-202
• 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.
• Flame effect: means the combustion of an inflammable solid, liquid or gas to produce thermal, physical, visual or audible phenomena before an audience as defined by NFPA 160. See Tennessee Code 68-104-202
• Flame effect display: means the use of flame effects before an audience as defined by NFPA 160. See Tennessee Code 68-104-202
• 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.
• 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
• Illegal drug: means a drug, the distribution of which is a violation of state law. See Tennessee Code 29-38-104
• Illegal drug market: means the support system of illegal drug related operations, from production to retail sales, through which an illegal drug reaches the user. See Tennessee Code 29-38-104
• 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}
• Individual drug user: means the individual whose illegal drug use is the basis of an action brought under this chapter. See Tennessee Code 29-38-104
• Internal Revenue Code: means the Internal Revenue Code of 1986, codified in United States Code, title 26, as amended. See Tennessee Code 8-34-101
• 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.
• Kickboxing: means unarmed combat involving the use of striking techniques delivered with the upper and lower body, and in which the combatants remain standing while striking. See Tennessee Code 68-115-102
• 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.
• Manager: means a person who:
  (i) Undertakes to represent the interests of another person by contract, agreement or other arrangement, in procuring, arranging or conducting a professional contest in which the person will participate as a combatant. See Tennessee Code 68-115-102
• Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
• Mixed martial arts: means unarmed combat using a combination of techniques from different disciplines of the martial arts, including kicking, wrestling and striking, subject to applicable limitations set forth in this chapter and rules promulgated by the commission. See Tennessee Code 68-115-102
• Month: means a calendar month. See Tennessee Code 1-3-105
• NFPA: means the National Fire Protection Association. See Tennessee Code 68-104-202
• 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.
• 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.
• Outdoor fireworks display: means a presentation of display fireworks for a public or private gathering as defined by NFPA 1123. See Tennessee Code 68-104-202
• 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.
• Period of illegal drug use: means , in relation to the individual user, the time of the individual's first use of an illegal drug to the accrual of the cause of action. See Tennessee Code 29-38-104
• Permit: means the written authority of the state fire marshal issued under the authority of this chapter. See Tennessee Code 68-104-101
• Person: means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country. See Tennessee Code 29-38-104
• Person: means and includes individuals, corporations, limited liability companies, partnerships or associations, domestic and foreign. See Tennessee Code 68-115-102
• Person: means any individual, firm, partnership or corporation. See Tennessee Code 68-104-101
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Place of illegal drug activity: means , in relation to the individual drug user, each state house of representatives legislative district in which the individual possesses or uses an illegal drug, or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence. See Tennessee Code 29-38-104
• Place of participation: means , in relation to a defendant in an action brought under this chapter, each state house of representatives legislative district in which the person participates in the illegal drug market, or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal market. See Tennessee Code 29-38-104
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Prior service: means service rendered prior to the date of membership in the retirement system for which credit was given under the terms of one (1) or more of the superseded systems as provided in part 6 of this chapter. See Tennessee Code 8-34-101
• Professional: means a person who competes or has competed in an unarmed combat sport contest for the purpose of a purse or item of value greater than that amount authorized for an amateur event, or any person who has been previously licensed in any other jurisdiction as a professional. See Tennessee Code 68-115-102
• Promoter: means any person who produces, stages or sponsors any professional contest of unarmed combat. See Tennessee Code 68-115-102
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Proximate pyrotechnic display: means the use of pyrotechnic devices and materials, 1. See Tennessee Code 68-104-202
• Proximate pyrotechnics: means pyrotechnic devices for professional use only, used outdoors or indoors, that are similar to consumer fireworks in chemical composition and construction, but that are not intended for consumer use, and that are defined by NFPA 1126 as 1. See Tennessee Code 68-104-202
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Purse: means the financial guarantee or any other remuneration for which combatants are participating in a professional contest and includes the combatant's share of any payment received for radio broadcasting, television or motion picture rights. See Tennessee Code 68-115-102
• Quorum: The number of legislators that must be present to do business.
• 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
• Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
• Retirement allowance: means the sum of the member annuity and the state annuity. See Tennessee Code 8-34-101
• Retirement system: means the Tennessee consolidated retirement system as defined in §. See Tennessee Code 8-34-101
• Ring official: means any person who performs any one (1) or more of the following official functions during the progress of a professional contest of unarmed combat:
  (A) "Announcer" means a person authorized to act as an announcer at professional contests of unarmed combat. See Tennessee Code 68-115-102
• Sale: means an exchange of articles of fireworks for money and also includes barter, exchange, gift or offer thereof, and each such transaction made by any person, whether as principal, proprietor, salesperson, agent, association, copartnership, or one (1) or more individuals. See Tennessee Code 68-104-101
• Sanctioning organization: means an organization recognized by the Tennessee athletic commission that sanctions amateur events of unarmed combat, and is required to comply with all provisions of this chapter. See Tennessee Code 68-115-102
• Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
• Service retirement date: means the date on which a member first becomes eligible for a service retirement allowance, or would first become eligible for a service retirement allowance if the member were to remain in service until such date, as provided in §. See Tennessee Code 8-34-101
• 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
• Special fireworks: means :
  (A) All articles of fireworks that are classified as Class B explosives in the regulations of the United States department of transportation. See Tennessee Code 68-104-101
• Specified illegal drug: means cocaine, heroin, or methamphetamine, or any other drug the distribution of which is a violation of state law. See Tennessee Code 29-38-104
• Sponsor: means any person or organization that contracts with a licensed exhibitor or certified operator to perform a fireworks display, proximate pyrotechnic display, flame effect display or any combination of these displays. See Tennessee Code 68-104-202
• State: means the state of Tennessee. See Tennessee Code 8-34-101
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Unarmed combat: means and includes boxing, mixed martial arts and kickboxing as defined and regulated under this chapter. See Tennessee Code 68-115-102
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Venue: The geographical location in which a case is tried.
• 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