Article 1 General Provisions 10A-5-1.01 – 10A-5-1.06
Article 2 Formation 10A-5-2.01 – 10A-5-2.07
Article 3 Relationship of Members and Managers to Third Parties 10A-5-3.01 – 10A-5-3.03
Article 4 Relationship Among Members 10A-5-4.01 – 10A-5-4.04
Article 5 Contributions and Distributions 10A-5-5.01 – 10A-5-5.05
Article 6 Transfer of Membership Interest 10A-5-6.01 – 10A-5-6.06
Article 7 Dissolution 10A-5-7.01 – 10A-5-7.06
Article 8 Professional Services 10A-5-8.01
Article 9 Merger and Consolidation 10A-5-9.01 – 10A-5-9.06

Terms Used In Alabama Code > Title 10A > Chapter 5

  • abortion: The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. See Alabama Code 26-23H-3
  • ACCUMULATED CONTRIBUTIONS: The sum of all the amounts deducted from the compensation of a member credited to his or her individual account in the Judges' and Clerks' Plan, together with regular interest thereon. See Alabama Code 12-18-150
  • action: Any suit, counterclaim, crossclaim or third party claim filed at law or in equity, including any claim therein asserted by one or more parties or against one or more parties in a multi-party action or suit, or an appeal thereof. See Alabama Code 12-19-271
  • ACTUARIAL EQUIVALENT: A benefit of equal value when computed upon the basis of the mortality tables adopted by the Board of Control and regular interest. See Alabama Code 12-18-150
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • ADJUSTED RBC REPORT: An RBC report which has been adjusted by the commissioner in accordance with subsection (e) of Section 27-2B-3. See Alabama Code 27-2B-2
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Amortization: Paying off a loan by regular installments.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • annuity: Payments for life derived from the accumulated contributions of a member. See Alabama Code 12-18-150
  • 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.
  • Appraisal: A determination of property value.
  • 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.
  • ARTICLES OF ORGANIZATION: The filing instrument provided for by Section 10A-5-2. See Alabama Code 10A-5-1.02
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • AVERAGE DAILY MEMBERSHIP: The meaning ascribed in Section 16-13-232. See Alabama Code 45-37-249.02
  • AVERAGE FINAL COMPENSATION: The average annual compensation of a judge or clerk with respect to which he or she had made contributions pursuant to Section 12-18-152 during the five years in his or her last 10 years of membership service for which the average is highest or during his or her entire period of membership service if less than five years. See Alabama Code 12-18-150
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • beneficiary: Any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this article. See Alabama Code 12-18-150
  • Bequest: Property gifted by will.
  • board: The board of directors of the authority. See Alabama Code 45-37-91.01
  • BOARD OF CONTROL: The board provided for in Section 36-27-23 to administer the retirement system. See Alabama Code 12-18-150
  • bureau: The public corporation for which this part provides. See Alabama Code 45-37-91.01
  • BUSINESS ENTITY: A corporation, limited liability company, partnership, limited partnership, registered limited liability partnership, or other entity organized to engage in business, whether for profit or not, created under the laws of the State of Alabama, predecessor law, or law of another jurisdiction. See Alabama Code 10A-5-1.02
  • 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 10A-1-1.03
  • chairman: The judge of probate acting as chairman of the county commission. See Alabama Code 9-9-70
  • CHAMBER OF COMMERCE: That organization the headquarters of which is in the largest city to the membership in which any reputable person engaged in mercantile, manufacturing, banking, jobbing, or similar business is eligible, and which most nearly of all organizations in such city, regardless of name, performs the functions of such organizations as are commonly known as chambers of commerce. See Alabama Code 45-37-91.01
  • Chambers: A judge's office.
  • check: A debit authorization or a check signed by the maker and made payable to a person licensed under this chapter. See Alabama Code 5-18A-2
  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • CITY MOTEL-HOTEL ASSOCIATION: That association in the largest city the membership of which is composed of persons engaged in the hotel, motel, tourist court, or similar business in such city or in the county and which has the largest membership of any such organization in the city. See Alabama Code 45-37-91.01
  • 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.
  • commission: The citizens supervisory commission. See Alabama Code 45-37-121
  • commission: The county commission with the judge of probate as chairman. See Alabama Code 9-9-70
  • committee: The Jefferson County Community Service Committee authorized in Section 45-37-249. See Alabama Code 45-37-249.02
  • 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.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • contribution: A tangible or intangible benefit that a person transfers to an entity in consideration for an ownership interest in the entity or otherwise in the person's capacity as an owner or a member. See Alabama Code 10A-1-1.03
  • corporation: Includes a domestic or foreign business corporation as defined in Chapter 2 or Chapter 2A, as applicable, 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 10A-1-1.03
  • CORRECTIVE ORDER: An order issued by the commissioner specifying corrective actions which the commissioner has determined are required. See Alabama Code 27-2B-2
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: Any county to which this part applies. See Alabama Code 45-37-91.01
  • county: A county within the population class prescribed by this part. See Alabama Code 45-37-121
  • county: Jefferson County, Alabama. See Alabama Code 45-37-249.02
  • COUNTY COMMISSION: The Jefferson County Commission. See Alabama Code 45-37-249.02
  • court: Unless some other court is specifically designated, such term shall be construed to mean court of probate. See Alabama Code 9-9-2
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 10A-1-1.03
  • 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
  • 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 10A-1-1.03
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • defense: Any affirmative defense under Rule 8(c), Alabama Rules of Civil Procedure, filed in any action at law or in equity. See Alabama Code 12-19-271
  • DEFERRED PRESENTMENT SERVICES: A transaction pursuant to a written agreement involving the following combination of activities in exchange for a fee:

    a. See Alabama Code 5-18A-2

  • department: The Alabama Department of Public Health. See Alabama Code 27-3A-3
  • department: The State Banking Department. See Alabama Code 5-18A-2
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • director: An individual who serves on the board of directors, by whatever name known, of a foreign or domestic corporation. See Alabama Code 10A-1-1.03
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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 10A-1-1.03
  • district: Water management district. See Alabama Code 9-9-2
  • Docket: A log containing brief entries of court proceedings.
  • domestic: With respect to an entity, that the entity is formed and exists pursuant to this title. See Alabama Code 10A-1-1.03
  • DOMESTIC INSURER: Any insurer domiciled in this state. See Alabama Code 27-2B-2
  • Dower: A widow
  • ECTOPIC PREGNANCY: Any pregnancy resulting from either a fertilized egg that has implanted or attached outside the uterus or a fertilized egg implanted inside the cornu of the uterus. See Alabama Code 26-23H-3
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • employer: The State of Alabama or any department, agency, or local governing body by which a judge or clerk is paid. See Alabama Code 12-18-150
  • engineer: The agricultural engineer of the Alabama Extension Service. See Alabama Code 9-9-70
  • enrollee: An individual who has contracted for or who participates in coverage under an insurance policy, a health maintenance organization contract, a health service corporation contract, an employee welfare benefit plan, a hospital or medical services plan, or any other benefit program providing payment, reimbursement, or indemnification for health care costs for the individual or the eligible dependents of the individual. See Alabama Code 27-3A-3
  • 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 10A-1-1.03
  • 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
  • EXISTING SCHOOL WARRANTS: Collectively, the following limited obligation warrants issued by the county for the benefit of public schools in the county: a. See Alabama Code 45-37-249.02
  • expenses: as used in this article shall include all expenses incident to or necessary to organize, defend, promote, improve, operate, maintain or dissolve a subdistrict. See Alabama Code 9-9-79
  • 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.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • FILING INSTRUMENT: An instrument, document, or statement that is required or permitted by this title to be delivered for filing by or for an entity to a filing officer. See Alabama Code 10A-1-1.03
  • 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
  • FINANCIAL RIGHTS: Rights to a. See Alabama Code 10A-5-1.02
  • 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 10A-1-1.03
  • FOREIGN INSURER: Any insurer which is licensed to do business in this state but not domiciled in this state. See Alabama Code 27-2B-2
  • FOREIGN LIMITED LIABILITY COMPANY: An organization formed under the laws of any jurisdiction other than Alabama that is substantially similar to a limited liability company. See Alabama Code 10A-5-1.02
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • FRATERNAL BENEFIT SOCIETY: Any insurer licensed under Chapter 34. See Alabama Code 27-2B-2
  • Fraud: Intentional deception resulting in injury to another.
  • fund: The Judicial Retirement Fund provided for in this chapter. See Alabama Code 12-18-150
  • 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
  • GENERAL PARTNERSHIP: A partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • GOVERNANCE RIGHTS: All a member's rights as a member of a limited liability company except financial rights, including without limitation, the rights to participate in the management of the limited liability company and to bind the limited liability company as provided in Section 10A-5-3. See Alabama Code 10A-5-1.02
  • 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.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • HEALTH ORGANIZATION: Any health care service plan, health maintenance organization, limited health service organization, dental services corporation, or other managed care organization licensed under this title. See Alabama Code 27-2B-2
  • 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.
  • 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 10A-1-1.03
  • 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 10A-1-1.03
  • insurer: As defined in Section 27-1-2, including, without limitation, any fraternal benefit society and any health organization. See Alabama Code 27-2B-2
  • 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
  • JEFFERSON COUNTY LEGISLATIVE DELEGATION: The elected members of the House of Representatives and the Senate from districts wholly or partially within the county. See Alabama Code 45-37-249.02
  • JUDGE OF PROBATE: The judge of probate of the county in which a domestic entity is required or permitted to deliver a filing instrument for filing pursuant to this title. See Alabama Code 10A-1-1.03
  • JUDGE OR CLERK: Any justice of the Supreme Court, judge of the Court of Civil Appeals, judge of the Court of Criminal Appeals, circuit judge, district judge, probate judge, or circuit clerk who is not a member of the Judicial Retirement Fund or Clerks' and Registers' Supernumerary Fund on November 7, 2016 and who is first elected or appointed to his or her position on or after November 8, 2016. See Alabama Code 12-18-150
  • Juror: A person who is on the jury.
  • 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 9-9-2
  • LARGEST CITY: That city of the county having the largest population according to the last or any subsequent federal census. See Alabama Code 45-37-91.01
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • LETHAL ANOMALY: A condition from which an unborn child would die after birth or shortly thereafter or be stillborn. See Alabama Code 26-23H-3
  • license: A license, certificate of registration, or other legal authorization. See Alabama Code 10A-1-1.03
  • licensee: A person licensed to provide deferred presentment services pursuant to this chapter. See Alabama Code 5-18A-2
  • LICENSING AUTHORITY: The state court, state regulatory licensing board, or other like agency which has the power to issue a license or other legal authorization to render professional services. See Alabama Code 10A-1-1.03
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • LIFE OR HEALTH INSURER: Any insurer licensed to do business in this state and authorized to transact life and/or disability insurance, including a property and casualty insurer writing only disability insurance, but shall not include fraternal benefit societies, health care service corporations, dental service organizations, health maintenance organizations, dental plan organizations, or mutual aid associations. See Alabama Code 27-2B-2
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • MEDICAL BOARD: The board of physicians provided for in Section 36-27-23. See Alabama Code 12-18-150
  • MEDICAL EMERGENCY: A condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that her pregnancy must be terminated to avoid a serious health risk as defined in this chapter. See Alabama Code 26-23H-3
  • member: A person reflected in the required records of a limited liability company as the owner of some governance rights of a membership interest in the limited liability company. See Alabama Code 10A-5-1.02
  • member: Any judge or clerk included in membership of the plan. See Alabama Code 12-18-150
  • MEMBERSHIP SERVICE: Service as a judge or clerk on account of which contributions are made. See Alabama Code 12-18-150
  • 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 10A-1-1.03

  • Minimum finance charge: The minimum, or fixed, finance charge that will be imposed during a billing cycle. A minimum finance charge usually applies only when a finance charge is imposed, that is, when you carry over a balance. Source: Federal Reserve
  • 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.
  • naic: The National Association of Insurance Commissioners. See Alabama Code 27-2B-2
  • 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
  • NEGATIVE TREND: With respect to a life or health insurer or a fraternal benefit society, a negative trend over a period of time, as determined in accordance with the trend test calculation included in the RBC instructions. See Alabama Code 27-2B-2
  • NOTICE BY PUBLICATION: Unless otherwise specified, such notice shall consist of publication once in each of three consecutive weeks (three insertions) in some newspaper having general circulation in the county or counties wherein the land in the water management district is located, the last insertion to be made at least 15 days prior to the date fixed for the hearing of said notice, and it shall not be necessary that the publication shall be made on the same day in each of the three weeks, but not less than 14 days, excluding the day of the first publication, shall intervene between the first publication and the last publication. See Alabama Code 9-9-2
  • oath: includes affirmation. See Alabama Code 1-1-1
  • 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 10A-1-1.03
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • OPERATING AGREEMENT: A written agreement of the member or members governing the affairs of a limited liability company and the conduct of its business. See Alabama Code 10A-5-1.02
  • 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 10A-1-1.03
  • organizer: A person, who need not be an owner or member of the entity, who, having the capacity to contract, is authorized to execute documents in connection with the formation of the entity. See Alabama Code 10A-1-1.03
  • Oversight: Committee review of the activities of a Federal agency or program.
  • OWNERSHIP INTEREST: An owner's interest in an entity. See Alabama Code 10A-1-1.03
  • 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 10A-1-1.03
  • 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 10A-1-1.03
  • pension: Payments for life derived from money provided by the employer. See Alabama Code 12-18-150
  • person: Includes a natural person, corporation, partnership, association, or other entity. See Alabama Code 45-37-91.01
  • person: Any individual, partnership, stock company or corporation. See Alabama Code 9-9-2
  • 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, nonprofit 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 10A-1-1.03
  • person: Any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity or unincorporated association of persons. See Alabama Code 12-19-271
  • person: An individual, group of individuals, partnership, association, corporation, or any other business unit or legal entity. See Alabama Code 5-18A-2
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • physician: A person licensed to practice medicine and surgery or osteopathic medicine and surgery in Alabama. See Alabama Code 26-23H-3
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: The Judges' and Clerks' Plan provided for in Section 12-18-151. See Alabama Code 12-18-150
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • PROFESSIONAL SERVICE: Any type of service that may lawfully be performed only pursuant to a license issued by a state court, state regulatory licensing board, or other like agency pursuant to state laws. See Alabama Code 10A-1-1.03
  • property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 10A-1-1.03
  • PROPERTY AND CASUALTY INSURER: Any insurer licensed to do business in this state and authorized to transact property, marine, casualty, and/or surety insurance, but shall not include monoline mortgage guaranty insurers, financial guaranty insurers and title insurers. See Alabama Code 27-2B-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • provider: A health care provider duly licensed or certified by the State of Alabama. See Alabama Code 27-3A-3
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • rbc: Risk-based capital. See Alabama Code 27-2B-2
  • RBC INSTRUCTIONS: The RBC report including risk-based capital instructions adopted by the NAIC, as the RBC instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See Alabama Code 27-2B-2
  • RBC LEVEL: An insurer's company action level RBC, regulatory action level RBC, authorized control level RBC, or mandatory control level RBC where:

    a. See Alabama Code 27-2B-2

  • RBC PLAN: A comprehensive financial plan containing the elements specified in subsection (b) of Section 27-2B-4. See Alabama Code 27-2B-2
  • RBC REPORT: The report required in Section 27-2B-3. See Alabama Code 27-2B-2
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • 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
  • REGULAR INTEREST: Interest compounded annually at the rate determined by the Board of Control. See Alabama Code 12-18-150
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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).
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • retirement: Withdrawal from active service with a retirement allowance or optional benefit in lieu thereof granted under this article. See Alabama Code 12-18-150
  • RETIREMENT ALLOWANCE: The sum of the annuity and the pension. See Alabama Code 12-18-150
  • RETIREMENT SYSTEM: The Employees' Retirement System of Alabama as defined in Section 36-27-2. See Alabama Code 12-18-150
  • rollover: Any deferred presentment transaction where the transaction is not paid in full and the licensee agrees to allow the customer to pay the fee only for a new deferred presentment transaction. See Alabama Code 5-18A-2
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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 10A-1-1.03
  • STATE SALES TAX: The tax or taxes imposed by the state sales tax statutes. See Alabama Code 45-37-249.02
  • STATE SALES TAX STATUTES: Division 1 of Article 1 of Chapter 23 of Title 40, as heretofore or hereafter amended, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in the state sales tax statutes and all other statutes of the state which expressly apply to or purport to affect the administration of the state sales tax statutes, and the incidence and collection of the taxes imposed therein. See Alabama Code 45-37-249.02
  • STATE USE TAX: The tax or taxes imposed by the state use tax statutes. See Alabama Code 45-37-249.02
  • STATE USE TAX STATUTES: Article 2 of Chapter 23 of Title 40, as heretofore or hereafter amended, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in the state use tax statutes and all other statutes of the state which expressly apply to or purport to affect the administration of the state use tax statutes, and the incidence and collection of the taxes imposed therein. See Alabama Code 45-37-249.02
  • STATUTORY CAPITAL AND SURPLUS: The combination of capital and surplus. See Alabama Code 27-2B-2
  • subdistrict: A drainage subdistrict. See Alabama Code 9-9-70
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • 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 1-1-1
  • Summons: Another word for subpoena used by the criminal justice system.
  • supervisor: The Supervisor of the Bureau of Loans or his or her designee. See Alabama Code 5-18A-2
  • 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.
  • 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.
  • TOTAL ADJUSTED CAPITAL: The sum of:

    a. See Alabama Code 27-2B-2

  • 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.
  • trustee: A person who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 10A-1-1.03
  • Trustee: A person or institution holding and administering property in trust.
  • 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
  • utilities board: shall mean the Utilities Board of the City of Foley in Baldwin County, a corporation organized and existing under the authority of Sections 11-50-310 through 11-50-318 and 11-50-320 through 11-50-324. See Alabama Code 45-2A-61
  • UTILIZATION REVIEW: A system for prospective and concurrent review of the necessity and appropriateness in the allocation of health care resources and services given or proposed to be given to an individual within this state. See Alabama Code 27-3A-3
  • UTILIZATION REVIEW AGENT: Any person or entity, including the State of Alabama, performing a utilization review, except the following:

    a. See Alabama Code 27-3A-3

  • Venue: The geographical location in which a case is tried.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • viewers: The board of viewers. See Alabama Code 9-9-2
  • without substantial justification: when used with reference to any action, claim, defense or appeal, including without limitation any motion, means that such action, claim, defense or appeal (including any motion) is frivolous, groundless in fact or in law, or vexatious, or interposed for any improper purpose, including without limitation, to cause unnecessary delay or needless increase in the cost of litigation, as determined by the court. See Alabama Code 12-19-271
  • woman: A female human being, whether or not she has reached the age of majority. See Alabama Code 26-23H-3
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.