Article 1 General Provisions 10A-3-1.01 – 10A-3-1.04
Article 2 Substantive Provisions 10A-3-2.01 – 10A-3-2.44
Article 3 Formation of Nonprofit Corporations 10A-3-3.01 – 10A-3-3.04
Article 4 Amendments 10A-3-4.01 – 10A-3-4.04
Article 5 Merger and Consolidation 10A-3-5.01 – 10A-3-5.07
Article 6 Sale of Assets 10A-3-6.01
Article 7 Dissolution 10A-3-7.01 – 10A-3-7.18
Article 8 Miscellaneous Provisions 10A-3-8.01 – 10A-3-8.02

Terms Used In Alabama Code > Title 10A > Chapter 3

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • alcoholism: A chronic disorder or illness in which the individual is unable, for psychological or physical reasons, or both, to refrain from the frequent consumption of alcohol in quantities sufficient to produce intoxication and, ultimately, injury to health and effective functioning. See Alabama Code 45-43-244
  • Allegation: something that someone says happened.
  • 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.
  • 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
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: Includes, but is not limited to, an unincorporated nonprofit association as defined in Chapter 17 and an unincorporated professional association as defined in Article 1 of Chapter 30. See Alabama Code 45-26-231.06
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • authority: The Lamar County Water Coordinating and Fire Prevention Authority, a public corporation organized pursuant to this part. See Alabama Code 45-38-141
  • 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.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • Balanced budget: A budget in which receipts equal outlays.
  • 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 HEALTH CARE SERVICES: Emergency care, inpatient hospital and physician care, and outpatient medical services. See Alabama Code 45-43-244.10
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • benefit: Any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary. See Alabama Code 45-43-241
  • Bequest: Property gifted by will.
  • board: The Board of Directors of the Lamar County Water Coordinating and Fire Prevention Authority. See Alabama Code 45-38-141
  • BOARD OF DIRECTORS: The group of persons vested with the management of the affairs of the corporation irrespective of the name by which the group is designated. See Alabama Code 45-3-60
  • BUSINESS CORPORATION: A corporation or foreign corporation as defined in Chapter 2. See Alabama Code 45-26-231.06
  • bylaws: The code or codes of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name or names by which the rules are designated. See Alabama Code 45-3-60
  • CERTIFICATE OF DISSOLUTION: Any document such as a certificate of dissolution, statement of dissolution, or articles of dissolution, required or permitted to be filed publicly with respect to an entity's dissolution and winding up of its business, activity, activities, not for profit activity, or affairs. See Alabama Code 45-26-231.06
  • certification: Duly authenticated by the proper officer or filing officer of the jurisdiction the laws of which govern the internal affairs of an entity. See Alabama Code 45-26-231.06
  • Chambers: A judge's office.
  • CHEMICAL SUBSTANCE: A substance intended to be used as a precursor in the manufacture of a controlled substance, or any other chemical intended to be used in the manufacture of a controlled substance. See Alabama Code 45-37A-242.01
  • circuit: means judicial circuit. See Alabama Code 30-3D-608
  • city: The City of Bessemer, Alabama. See Alabama Code 45-37A-42.02
  • CIVIL VIOLATION: A violation of the provisions of the ordinance authorized by this part, the penalty for which violation shall be the payment of a fine, the enforcement of which will not be otherwise permissible. See Alabama Code 45-37A-42.02
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • commissioner: The Alabama Commissioner of Agriculture and Industries. See Alabama Code 45-17-231.20
  • commissioner: The Commissioner of Insurance. See Alabama Code 45-43-244.10
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 32-6-15
  • 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.
  • CONCISE LEGAL DESCRIPTION: A reasonably concise description of a particular geographic area which may be by metes and bounds or by reference to government surveys, recorded maps and plats, municipal, county, or state boundary lines, well-defined landmarks and other monuments, or any combination of the foregoing. See Alabama Code 45-38-141
  • Continuance: Putting off of a hearing ot trial until a later time.
  • CONTROLLED SUBSTANCE: Controlled substance as defined in subdivision (4) of Section 20-2-2. See Alabama Code 45-37A-242.01
  • Conviction: A judgement of guilt against a criminal defendant.
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 32-6-15
  • cooperative: Includes an employee cooperative as defined in Chapter 11. See Alabama Code 45-26-231.06
  • 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.
  • corporation: Includes a domestic or foreign business corporation as defined in Chapter 2, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 45-26-231.06
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: Lamar County. See Alabama Code 45-38-141
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 45-26-231.06
  • court: Unless some other court is specifically designated, such term shall be construed to mean court of probate. See Alabama Code 35-9A-401
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • day: When used in the computation of time excludes the first day and includes the last day of the period so computed, unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. See Alabama Code 45-26-231.06
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • DENTAL CARE SERVICES: Any services furnished to any person for the purpose of preventing, alleviating, curing, or healing human dental illness or injury. See Alabama Code 45-42A-24.05
  • dentist: Any person who furnishes dental care services and who is licensed as a dentist by the State of Alabama. See Alabama Code 45-42A-24.05
  • Dependent: A person dependent for support upon another.
  • detoxification: Supervised physical withdrawal from alcohol. See Alabama Code 45-43-244
  • Devise: To gift property by will.
  • director: A member of the Board of Directors of the Lamar County Water Coordinating and Fire Prevention Authority. See Alabama Code 45-38-141
  • director: An individual who serves on the board of directors, by whatever name known, of a foreign or domestic corporation. See Alabama Code 45-26-231.06
  • distribution: A transfer of property, including cash, from an entity to an owner or member of the entity in the owner's or member's capacity as an owner or member. See Alabama Code 45-26-231.06
  • district: Water management district. See Alabama Code 35-9A-401
  • Docket: A log containing brief entries of court proceedings.
  • domestic: With respect to an entity, that the entity is formed and exists under this title. See Alabama Code 45-26-231.06
  • DRUG PARAPHERNALIA: Drug paraphernalia as defined in Section 13A-12-260. See Alabama Code 45-37A-242.01
  • EMPLOYEE BENEFIT PLAN: Any plan, fund, or program heretofore or hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that such plan, fund, or program was established or is maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, dental care benefits in the event of accident or sickness. See Alabama Code 45-42A-24.05
  • enrollee: An individual who is enrolled in a health maintenance organization. See Alabama Code 45-43-244.10
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • entity: A domestic entity or foreign entity. See Alabama Code 45-26-231.06
  • 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.
  • EVIDENCE OF COVERAGE: Any certificate, agreement, or contract issued to an enrollee setting out the coverage to which he is entitled. See Alabama Code 45-43-244.10
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • 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
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • FILING ENTITY: A domestic entity that is a corporation, limited partnership, including a limited liability partnership, limited liability company, professional association, employee cooperative corporation, or real estate investment trust. See Alabama Code 45-26-231.06
  • FILING INSTRUMENT: An instrument, document, or statement that is required or authorized by this title to be filed by or for an entity with the filing officer in accordance with Article 4. See Alabama Code 45-26-231.06
  • fine: The monetary amount assessed by the City of Bessemer pursuant to the ordinance authorized by this part for a determination of civil liability for a traffic signal violation, stop sign violation, or speeding violation, which may include administrative hearing costs associated with the infraction. See Alabama Code 45-37A-42.02
  • 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.
  • 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
  • foreign: With respect to an entity, that the entity is formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 45-26-231.06
  • FOREIGN NONPROFIT CORPORATION: A nonprofit corporation organized under laws other than the laws of Alabama. See Alabama Code 45-3-60
  • 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
  • GOVERNING AUTHORITY: A person or group of persons who are entitled to manage and direct the affairs of an entity under this title and the governing documents of the entity, except that if the governing documents of the entity or this title divide the authority to manage and direct the affairs of the entity among different persons or groups of persons according to different matters, governing authority means the person or group of persons entitled to manage and direct the affairs of the entity with respect to a matter under the governing documents of the entity or this title. See Alabama Code 45-26-231.06
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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.
  • HEALTH CARE SERVICES: Any services included in the furnishing to any individual of medical or dental care, or hospitalization or incident to the furnishing of such care or hospitalization, as well as the furnishing to any person of any and all other services for the purpose of preventing, alleviating, curing, or healing human illness, injury, or physical disability. See Alabama Code 45-43-244.10
  • HEALTH INSURANCE POLICY: Any individual, group, blanket, or franchise insurance policy, insurance agreement, or group hospital service contract providing benefits for dental care expenses incurred as a result of an accident or sickness. See Alabama Code 45-42A-24.05
  • HEALTH MAINTENANCE ORGANIZATION: Any person that undertakes to provide or arrange for basic health care services through an organized system which combines the delivery and financing of health care to enrollees. See Alabama Code 45-43-244.10
  • 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.
  • incorporators: The persons forming a public corporation organized pursuant to this part. See Alabama Code 45-38-141
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 45-26-231.06
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insolvent: A person who is unable to pay the person's debts as they become due in the usual course of business or affairs. See Alabama Code 45-26-231.06
  • insurer: Such term shall have the meaning ascribed in Section 27-1-2. See Alabama Code 45-42A-24.05
  • insurer: Every insurer authorized in this state to issue contracts of accident and sickness insurance. See Alabama Code 45-43-244.10
  • 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
  • Intestate: Dying without leaving a will.
  • JUDGE OF PROBATE: The judge of probate of the county in which a domestic entity's certificate of formation is filed, or, with respect to a statement of authority under Chapter 8A, which is to be filed in the real property records of a particular county, the judge of probate of the county in which that statement is filed. See Alabama Code 45-26-231.06
  • jurat: A clause wherein a notary public or other attesting officer authorized by law to administer oaths in connection with affidavits, depositions and other subscribed written instruments certifies that the subscriber has appeared before him and sworn to the truth of the contents thereof. See Alabama Code 45-43-244.04
  • juror: Any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. See Alabama Code 45-43-247.01
  • landowner: Any property owner who owns partial or full interest in lands in the benefited area or any property owner who owns partial or full interest in over 10 acres of land outside the benefited area within the district. See Alabama Code 35-9A-401
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 45-26-231.06
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • LUBRICATING OIL: Those products of petroleum that are commonly used in lubricating or oiling engines and any devices or substitutes for such products of petroleum. See Alabama Code 45-17-231.20
  • material: A statement is "material" regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding. See Alabama Code 45-43-244.04
  • member: One having membership rights in a corporation in accordance with the provisions of its governing documents. See Alabama Code 45-3-60
  • merger: The combination of one or more domestic entities with one or more domestic entities or non-code organizations resulting in:

    (A) one or more surviving domestic entities or non-code organizations;

    (B) the creation of one or more new domestic entities or non-code organizations, or one or more surviving domestic entities or non-code organizations; or

    (C) one or more surviving domestic entities or non-code organizations and the creation of one or more new domestic entities or non-code organizations. See Alabama Code 45-26-231.06

  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • motor vehicle: as used in this division , shall include all vehicles propelled by any power other than muscular power. See Alabama Code 45-18-82.55
  • 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
  • NEW TERRITORY: Any territory added, by amendment to the certificate of incorporation of an authority, to the area or areas in which that authority is authorized to render water service, fire protection service, or any thereof. See Alabama Code 45-38-141
  • NONPROFIT ASSOCIATION: An unincorporated nonprofit association as defined in Chapter 17. See Alabama Code 45-26-231.06
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 45-26-231.06
  • NONPROFIT CORPORATION: A nonprofit corporation no part of the income or profit of which is distributable to its members, directors, or officers. See Alabama Code 45-3-60
  • oath: includes affirmation. See Alabama Code 30-3D-608
  • oath: Such term includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. See Alabama Code 45-43-244.04
  • officer: An individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Alabama Code 45-26-231.06
  • OFFICIAL PROCEEDING: Any proceeding heard before any legislative, judicial, administrative or other government agency or official authorized to hear evidence under oath. See Alabama Code 45-43-244.04
  • organization: A corporation, limited partnership, general partnership, limited liability company, business trust, real estate investment trust, joint venture, joint stock company, cooperative, association, bank, insurance company, credit union, savings and loan association, or other organization, regardless of whether the organization is for profit, not for profit, nonprofit, domestic, or foreign. See Alabama Code 45-26-231.06
  • OUTPATIENT TREATMENT: Treatment rendered in a nonresidential setting and using an intermittent, periodic schedule of visits. See Alabama Code 45-43-244
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: The owner or owner of record of a motor vehicle as shown on the motor vehicle registration and title records of the Alabama Department of Revenue or the analogous department or agency of another state or nation. See Alabama Code 45-37A-42.02
  • partnership: Includes a general partnership, a limited liability partnership, a foreign limited liability partnership, a limited partnership, a foreign limited partnership, a limited liability limited partnership, and a foreign limited liability limited partnership. See Alabama Code 45-26-231.06
  • 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 OFFICER: A person who holds any position or office in a political party, whether by election, appointment or otherwise. See Alabama Code 45-43-241
  • PARTY TO THE MERGER: A domestic entity or non-code organization that under a plan of merger is combined by a merger. See Alabama Code 45-26-231.06
  • PECUNIARY BENEFIT: Benefit in the form of money, property, commercial interests or anything else the primary significance of which is economic gain. See Alabama Code 45-43-241
  • person: An individual, including the estate of an incompetent or deceased individual, or an organization, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 45-26-231.06
  • person: Such term shall have the meaning ascribed in Section 27-1-2. See Alabama Code 45-42A-24.05
  • person: Any natural person, firm, partnership, association, corporation, receiver, trust, estate, or other entity as well as any other group or combination thereof acting as a unit. See Alabama Code 45-17-231.20
  • person: Any natural or artificial person including, but not limited to, individuals, partnerships, associations, trusts, or corporations. See Alabama Code 45-43-244.10
  • person: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 32-6-15
  • person: Any individual, partnership, stock company or corporation. See Alabama Code 35-9A-401
  • PERSONAL PROPERTY INSTRUMENT: Any instrument or document affecting the title to personal property only, as distinguished from real property, that may be now or hereafter required to be filed or titled for record in the probate office, in accordance with the applicable requirements of the laws of this state, including, without limitation, Sections 35-4-50 and 35-4-90. See Alabama Code 45-18-82.51
  • PETROLEUM PRODUCTS: Gasoline, diesel fuel, and lubricating oil. See Alabama Code 45-17-231.20
  • PHOTOGRAPHIC STOP SIGN TRAFFIC ENFORCEMENT SYSTEM: A system that meets both of the following conditions:

    a. See Alabama Code 45-37A-42.02

  • PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM: A system that meets all of the following requirements:

    a. See Alabama Code 45-37A-42.02

  • PHOTOGRAPHIC VEHICLE SPEED ENFORCEMENT SYSTEM: A system that meets both of the following conditions:

    a. See Alabama Code 45-37A-42.02

  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • 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.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • PROFESSIONAL ASSOCIATION: A professional association as defined in Chapter 30. See Alabama Code 45-26-231.06
  • PROFESSIONAL CORPORATION: A domestic or foreign professional corporation as defined in Chapter 4. See Alabama Code 45-26-231.06
  • property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 45-26-231.06
  • property: Real and personal property and interests therein. See Alabama Code 45-38-141
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • provider: Any physician, hospital, or other person which is licensed or otherwise authorized in this state to furnish health care services. See Alabama Code 45-43-244.10
  • PUBLIC SERVANT: As used in this article, such term includes persons who presently occupy the position of a public servant, as defined in Section 13A-10-1(7), or have been elected, appointed or designated to become a public servant although not yet occupying that position. See Alabama Code 45-43-241
  • PUBLIC WATER SYSTEM: A water system which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation organized under the laws of the state, any combination of any thereof, or any agency or instrumentality of any one or more thereof or in which any one or more thereof or any agency or instrumentality of any one or more thereof holds a reversionary or remainder interest. See Alabama Code 45-38-141
  • Quorum: The number of legislators that must be present to do business.
  • REAL PROPERTY INSTRUMENT: Includes any instrument or document affecting the title to real property that may now or hereafter be filed for record in the probate office pursuant to the applicable requirements of the laws of this state, including, without limitation, Section 12-13-43, and all statutes providing for the filing and recording of notices or statements of liens of any kind, notices of judgments, and plats or maps showing the subdivision of real estate. See Alabama Code 45-18-82.51
  • RECORDED IMAGE: An image recorded by the system depicting the rear of a vehicle which is automatically recorded as a photograph or digital image, which also depicts the recorded speed, date, location, and time of the recorded image. See Alabama Code 45-37A-42.02
  • REFUNDING SCHOOL WARRANTS: Any warrants or other obligations of the county issued after May 27, 2015, to refinance, on such terms as the county commission shall determine in its discretion, either a. See Alabama Code 45-37-249.02
  • REQUIRED OR AUTHORIZED BY LAW: An oath is "required or authorized by law" when the use of the oath is provided for by statute or municipal ordinance. See Alabama Code 45-43-244.04
  • RESPONSIBLE PERSON: A child's natural parent, stepparent, adoptive parent, legal guardian, custodian, or any other person who has the permanent or temporary care or custody or responsibility for the supervision of a child. See Alabama Code 45-37A-242.01
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • SCHEDULE OF CHARGES: A statement of the method used by a health maintenance organization to establish rates. See Alabama Code 45-43-244.10
  • SECRETARY OF STATE: The Secretary of State of the State of Alabama. See Alabama Code 45-26-231.06
  • SERIOUS PHYSICAL INJURY: Serious physical injury as defined in Section 13A-1-2. See Alabama Code 45-37A-242.01
  • SERVICE AREA: The geographic area or areas in which the authority is authorized by its certificate of incorporation or any amendment thereto to render water and fire protection service, or any thereof, which area may include not only territory located outside the boundaries of any municipality but also territory located within the boundaries of one or more municipalities. See Alabama Code 45-38-141
  • Service of process: The service of writs or summonses to the appropriate party.
  • SHORT TERM RESIDENTIAL ALCOHOLISM TREATMENT FACILITY: A state certified facility which provides structured programs of intensive treatment services for people addicted to alcohol. See Alabama Code 45-43-244
  • SPEED LIMIT: The established maximum speed limit on a given roadway prescribed by law. See Alabama Code 45-37A-42.02
  • SPEEDING VIOLATION: Any violation of a motor vehicle at a speed that exceeds the legal maximum speed limits set forth in or adopted pursuant to Article 8, Chapter 5A, Title 32, Sections 32-5A-170 to 32-5A-178, inclusive, or of any combination thereof; provided, however, that speed limits set by action of the Bessemer City Council, if any, shall supersede the limits set in Article 8, Chapter 5A, Title 32, Sections 32-5A-170 to 32-5A-178, inclusive. See Alabama Code 45-37A-42.02
  • state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 45-26-231.06
  • state: The State of Alabama. See Alabama Code 45-17-231.20
  • state: The State of Alabama. See Alabama Code 45-38-141
  • STATE HEALTH OFFICER: The executive officer of the State Department of Public Health. See Alabama Code 45-43-244.10
  • 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.
  • STOP SIGN: A fixed sign of the type authorized by the Alabama Department of Transportation which requires a vehicle to come to a complete stop before entering the intersection. See Alabama Code 45-37A-42.02
  • STOP SIGN VIOLATION: Any violation of Section 32-5A-112 wherein a vehicle proceeds into an intersection after failing to stop at a clearly marked stop line. See Alabama Code 45-37A-42.02
  • Subpoena: A command to a witness to appear and give testimony.
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 30-3D-608
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • testimony: Such term includes oral or written statements, documents or any other material that may be offered as evidence in an official proceeding. See Alabama Code 45-43-247.01
  • 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.
  • TRAFFIC CONTROL SIGNAL: Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed as defined in Section 32-1-1. See Alabama Code 45-37A-42.02
  • TRAFFIC SIGNAL VIOLATION: Any violation of Section 32-5A-31, Section 32-5A-32, or Section 32-5A-35, or of any combination thereof, wherein a vehicle proceeds into a signalized intersection at a time while the traffic-control signal for that vehicle's lane of travel is emitting a steady red signal. See Alabama Code 45-37A-42.02
  • TRAINED TECHNICIAN: A sworn law enforcement officer or a person certified by the Alabama Peace Officers' Standards and Training Commission, employed or contracted by the city, who has received instruction and training in the proper use of the photographic traffic signal enforcement system, the photographic stop sign enforcement system, and the photographic vehicle speed enforcement system used by the city, the city's traffic engineer or the city's designee. See Alabama Code 45-37A-42.02
  • 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 who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 45-26-231.06
  • Trustee: A person or institution holding and administering property in trust.
  • UNCOVERED EXPENDITURES: The costs of health care services that are covered by a health maintenance organization, for which an enrollee would also be liable in the event of the organization's insolvency. See Alabama Code 45-43-244.10
  • 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 territories thereof and the District of Columbia. See Alabama Code 30-3D-608
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Venue: The geographical location in which a case is tried.
  • verified: Supported by an affidavit or oath confirming the correctness, truth, or authenticity of the matter set forth therein. See Alabama Code 45-3-60
  • WATER SERVICE: The providing, furnishing, supplying, or distributing of water and the performing of all of the functions and activities reasonably incident to the operation of a water system. See Alabama Code 45-38-141
  • WATER SYSTEM: Land, plants, systems, facilities, buildings, and other property, or any combination of any thereof, which are used or useful or capable of future use in providing, furnishing, supplying, or distributing water, including, but not limited to, water supply systems, water distribution systems, reservoirs, wells, intakes, mains, laterals, aqueducts, pumping stations, standpipes, filtration plants, purification plants, meters, valves, fire hydrants, and all necessary appurtenances and equipment, and all properties, rights, easements, and franchises deemed necessary or desirable by the authority for use in rendering water service. See Alabama Code 45-38-141