Chapter 40 GENERAL PROVISIONS 11-40-1 – 11-40-70
Chapter 41 INCORPORATION AND DISSOLUTION 11-41-1 – 11-41-28
Chapter 42 ALTERATION OF CORPORATE LIMITS 11-42-1 – 11-42-213
Chapter 43 MAYOR AND COUNCIL, OTHER OFFICERS, EMPLOYEES, DEPARTMENTS, ETC 11-43-1 – 11-43-250
Chapter 43A COUNCIL-MANAGER FORM OF GOVERNMENT 11-43A-1 – 11-43A-116
Chapter 43B MAYOR-COUNCIL FORM OF GOVERNMENT IN CLASS 4 MUNICIPALITIES 11-43B-1 – 11-43B-32
Chapter 43C MAYOR-COUNCIL FORM OF GOVERNMENT IN CLASS 5 MUNICIPALITIES 11-43C-1 – 11-43C-92
Chapter 43D ADOPTION OF MAYOR-COUNCIL FORM OF GOVERNMENT 11-43D-1 – 11-43D-22
Chapter 44 COMMISSION FORM OF GOVERNMENT 11-44-1 – 11-44-162
Chapter 44A ABANDONMENT OF COMMISSION FORM OF GOVERNMENT IN CLASS 7 MUNICIPALITIES 11-44A-1 – 11-44A-32
Chapter 44B ABANDONMENT OF COMMISSION FORM OF GOVERNMENT IN CLASS 4 MUNICIPALITIES 11-44B-1 – 11-44B-51
Chapter 44C GOVERNMENT OF CLASS 2 MUNICIPALITIES 11-44C-1 – 11-44C-98
Chapter 44D ABANDONMENT OF COMMISSION FORM OF GOVERNMENT IN CLASS 6 MUNICIPALITIES 11-44D-1 – 11-44D-21

Terms Used In Alabama Code > Title 11 > Title 2

  • ABLE PROGRAM: The Achieving a Better Life Experience Program established pursuant to this chapter and defined in Section 529A of the Internal Revenue Code of 1986, as amended, or other applicable federal law, to assist individuals and families to save private funds to support individuals with disabilities to maintain health, independence, and quality of life. See Alabama Code 45-23-70.01
  • ABLE SAVINGS ACCOUNT: An individual ABLE trust fund account established by a contributor pursuant to this chapter to apply distributions from the account toward qualified disability expenses for an eligible designated beneficiary, both terms as defined in Section 529A of the Internal Revenue Code of 1986, as amended, or other applicable federal law. See Alabama Code 45-23-70.01
  • ABLE TRUST FUND: The fiduciary trust fund established pursuant to this chapter comprised of separate and segregated ABLE savings accounts as established by savings agreements. See Alabama Code 45-23-70.01
  • ACES PROGRAM: The Alabama College Education Savings Program, a qualified program established pursuant to this chapter and as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law, to assist individuals and families to save funds for the purpose of meeting the qualified higher education expenses of the designated beneficiary. See Alabama Code 45-23-70.01
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • 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.
  • AGRICULTURAL CENTER BOARD: The board of that name established pursuant to Article 2 of this chapter. See Alabama Code 45-37A-50.06
  • AGRICULTURAL FUND: The fund of that name created and administered pursuant to Article 1, Chapter 9, Title 2. See Alabama Code 45-37A-50.06
  • AGRICULTURAL PRODUCTS: Such term shall include horticultural, viticultural, forestry, dairy, livestock, poultry, bee, fish, aquatic and seafood products and any farm products. See Alabama Code 45-39-92.44
  • AGRICULTURAL PRODUCTS: The products of field, pasture, meadow and garden; fruits, melons, berries, nuts, vegetables, livestock, poultry and poultry products, dairy products, fish, aquatic and seafood products and all other things commonly known as agricultural products. See Alabama Code 45-39-245.07
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • ANNUITY ISSUER: An insurer that has issued a contract to fund periodic payments under a structured settlement. See Alabama Code 22-11A-113
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • appropriate municipal official: as used in this article shall mean any municipal building official or deputy and any other municipal official or municipal employee designated by the mayor or other chief executive officer of the municipality as the person to exercise the authority and perform the duties delegated by this article. See Alabama Code 45-37-170
  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: The Elmore County Firefighters Association. See Alabama Code 45-26-141.02
  • association: as used in this article , shall refer to agricultural cooperative marketing associations and other organizations, whether incorporated or not, which have for their objects engaging in activities similar to those of a cooperative marketing association. See Alabama Code 45-39-92
  • association: Any corporation organized under this article. See Alabama Code 45-39-92.44
  • 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
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • ATTENDING PHYSICIAN: The physician selected by, or assigned to, the patient and who has primary responsibility for the treatment and care of the patient. See Alabama Code 22-19-141
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • 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 Brewton Development Authority, a public corporation organized pursuant to this part. See Alabama Code 45-27A-31.01
  • authority: The public corporation organized pursuant to the provisions of this article. See Alabama Code 45-37-123.26
  • authority: The Shoals Economic Development Authority. See Alabama Code 45-39-92
  • authority: The Ozark Downtown Redevelopment Authority, a public corporation organized pursuant to this part. See Alabama Code 45-23A-91.01
  • AUTHORIZING RESOLUTION: A resolution adopted by the governing body of the city in accordance with Section 45-23A-91. See Alabama Code 45-23A-91.01
  • AUTHORIZING RESOLUTION: A resolution adopted by the governing body of the city in accordance with Section 45-27A-31. See Alabama Code 45-27A-31.01
  • 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.
  • 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.
  • 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
  • Bequest: Property gifted by will.
  • board: The board of directors of the authority. See Alabama Code 45-23A-91.01
  • board: The Board of Agriculture and Industries of the State of Alabama. See Alabama Code 45-4-82.02
  • board: The board of directors of the authority. See Alabama Code 45-27A-31.01
  • board: The board of directors of the authority. See Alabama Code 45-37-123.26
  • board: The Agricultural Center Board created by Sections 2-6-1 and 2-6-2. See Alabama Code 45-37A-50.01
  • board: The State Board of Agriculture and Industries. See Alabama Code 45-37A-331.04
  • board: The State Board of Agriculture and Industries. See Alabama Code 45-37A-331.37
  • board: The State Board of Health. See Alabama Code 22-13-50
  • board: The board of directors of the authority comprised of the members of the Shoals Economic Development Authority. See Alabama Code 45-39-92
  • BOARD OF AGRICULTURE AND INDUSTRIES: The Alabama Board of Agriculture and Industries created pursuant to Section 2-3-1. See Alabama Code 45-37A-50.06
  • bonds: Includes bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-23A-91.01
  • bonds: Includes bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-27A-31.01
  • bonds: Bonds, notes, certificates, bond, grant or revenue anticipation notes or any other evidence of indebtedness representing an obligation to pay money. See Alabama Code 45-37-123.26
  • bonds: Those bonds, including the refunding bonds, issued under and pursuant to the provisions of this article. See Alabama Code 45-37-232.20
  • budget year: shall mean the fiscal year for which any particular budget is adopted and in which it is administered. See Alabama Code 45-24-240
  • budget year: shall mean the fiscal year for which any particular budget is adopted and in which it is administered. See Alabama Code 45-26A-70.07
  • BUILDING COMMISSION: The Building Commission created under Article 6, Chapter 9, Title 41, and any successor agency thereto. See Alabama Code 45-37A-50.06
  • Buyer: means a person who buys or contracts to buy goods. See Alabama Code 22-14-8
  • candidate: An individual who has done any of the following:

    a. See Alabama Code 45-27A-31.05

  • CAPACITY TO PROCEED OR CONTINUE TO TRIAL: Whether or not a defendant accused of a crime:

    a. See Alabama Code 22-52-30

  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • chairman: The Chairman of the Department of Surgery, School of Medicine, at the University of Alabama at Birmingham. See Alabama Code 22-19-121
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • circuit: means judicial circuit. See Alabama Code 30-3D-608
  • city: The City of Ozark, Alabama. See Alabama Code 45-23A-91.01
  • city: The City of Selma, Alabama. See Alabama Code 45-24A-32.02
  • city: The City of Brewton, Alabama. See Alabama Code 45-27A-31.01
  • city: The City of Midfield, Alabama. See Alabama Code 45-37A-331.02
  • CIVIL FINE: The monetary amount assessed by the city pursuant to this part for an adjudication of civil liability for a traffic signal violation, including municipal court costs associated with the infraction. See Alabama Code 45-37A-331.02
  • CIVIL PENALTY: The monetary amount assessed by the city pursuant to this part for an adjudication of civil liability for a traffic signal violation, including municipal court costs associated with the infraction. See Alabama Code 45-24A-32.02
  • CIVIL VIOLATION: There is created a noncriminal category of state law called a civil violation created and existing for the sole purpose of carrying out the terms of this part. See Alabama Code 45-24A-32.02
  • CIVIL VIOLATION: There is hereby created a noncriminal category of state law called a civil violation created and existing for the sole purpose of carrying out the terms of this part. See Alabama Code 45-37A-331.02
  • 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.
  • coliseum: The existing coliseum building located in the Alabama Agricultural Center in the City of Montgomery. See Alabama Code 45-37A-50.01
  • coliseum: The existing Garrett Coliseum and the grounds and other buildings and structures associated therewith, all owned by the Agricultural Center Board and located in the City of Montgomery, Alabama. See Alabama Code 45-37A-50.06
  • COMMERCIAL BUILDING: Any building that contains one or more separate business enterprises that purchase and display a business license applicable to the business enterprise. See Alabama Code 45-26-141.02
  • commission: The Elmore County Commission or other governing body of the county. See Alabama Code 45-26-141.02
  • commission: The Alabama Public Service Commission;

    (6) FEDERAL SAFETY STANDARDS. See Alabama Code 37-4-90

  • commissioner: The Commissioner of Agriculture and Industries of the State of Alabama. See Alabama Code 45-4-82.02
  • commissioner: The Commissioner of Agriculture and Industries of the State of Alabama. See Alabama Code 45-5-100
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 45-37A-331.04
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 45-37A-331.37
  • commissioner: The Commissioner of the Alabama State Department of Mental Health. See Alabama Code 22-52-1.1
  • commissioner: The Commissioner of the Department of Mental Health of the State of Alabama. See Alabama Code 22-52-30
  • commissioner: Commissioner of the state Department of Mental Health. See Alabama Code 22-52-90
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • 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.
  • COMMUNITY MENTAL HEALTH OFFICER: A person who acts as a liaison between law enforcement and the general public, and who is regularly employed by a municipality within the county or regularly employed by the county commission or any public body or agency, including the state Department of Mental Health. See Alabama Code 22-52-90
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $100,000. See Alabama Code 22-19-162
  • Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Alabama Code 22-14-11
  • contributor: Any person who contributes money to an ACES Program savings account or an ABLE Program savings account established pursuant to this chapter on behalf of a designated beneficiary and who is listed as the owner of the savings account. See Alabama Code 45-23-70.01
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 32-6-15
  • CORPORATION: Any public corporation which may be organized pursuant to any law now in force or hereafter enacted for the purpose of acquiring title to and completing the construction and equipment of the coliseum and the necessary facilities in connection therewith. See Alabama Code 45-37A-50.01
  • corporation: The public corporation authorized to be created by this article. See Alabama Code 45-37A-50.06
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: Elmore County, Alabama. See Alabama Code 45-26-141.02
  • county: Jefferson County in Alabama. See Alabama Code 45-37A-331.02
  • county: A county in the State of Alabama. See Alabama Code 22-52-90
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • CRIMINAL HISTORY BACKGROUND INFORMATION: Any information collected and stored in the criminal record repository of the Federal Bureau of Investigation (FBI) reflecting the result of an arrest, detention, or initiation of a criminal proceeding by criminal justice agencies, including, but not limited to, arrest record information, fingerprint cards, correctional induction and release information, identifiable descriptions, and notations of arrests, detention, indictments, or other formal charges. See Alabama Code 22-50-90
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • dealer: Any person engaged in the business of buying livestock as a dealer as defined in Section 2-15-131(5). See Alabama Code 45-5-100
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • department: Any volunteer fire department with which the Elmore County Firefighters Association may enter into agreements with respect to providing fire protection, fire prevention, and related services and facilities within the county. See Alabama Code 45-26-141.02
  • department: The Department of Agriculture and Industries of the State of Alabama. See Alabama Code 45-4-82.02
  • department: The Department of Agriculture and Industries. See Alabama Code 45-37A-331.37
  • department: The Department of Agriculture and Industries. See Alabama Code 45-38-240.03
  • department: The Alabama Department of Public Health. See Alabama Code 22-13-50
  • department: The Alabama State Department of Mental Health. See Alabama Code 22-52-1.1
  • Dependent: A person dependent for support upon another.
  • dependents: A payee's spouse and minor children and all other persons for whom the payee is legally obligated to provide support, including alimony. See Alabama Code 22-11A-113
  • 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.
  • DESIGNATED BENEFICIARY: The eligible individual named as the beneficiary of an ABLE savings account, ACES savings account, or PACT contract established pursuant to this chapter. See Alabama Code 45-23-70.01
  • DESIGNATED FILING AGENT: An individual appointed and authorized as attorney in fact to electronically submit any report or other filing required by this chapter on behalf of a candidate, his or her principal campaign committee, or a political action committee. See Alabama Code 45-27A-31.05
  • DESIGNATED MENTAL HEALTH FACILITY: A mental health facility other than a state mental health facility designated by the State Department of Mental Health to receive persons for evaluation, examination, admission, detention or treatment pursuant to the provisions of this article. See Alabama Code 22-52-1.1
  • DESIGNATED MENTAL HEALTH FACILITY: A mental health facility other than a state mental health facility designated by the state Department of Mental Health to receive persons for evaluation, examination, admission, detention, or treatment pursuant to the commitment process. See Alabama Code 22-52-90
  • Devise: To gift property by will.
  • director: A member of the board of the authority. See Alabama Code 45-23A-91.01
  • director: A member of the board of the authority. See Alabama Code 45-27A-31.01
  • director: The Director of the Alabama Small Business Office of Advocacy. See Alabama Code 41-29-221
  • DISCOUNTED PRESENT VALUE: The present value of future payments determined by discounting the payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service. See Alabama Code 22-11A-113
  • 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:
  • district: A fire fighting district established by the Elmore County Firefighters Association. See Alabama Code 45-26-141.02
  • division: The Business Development Division of the Department of Commerce. See Alabama Code 41-29-221
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • DOWNTOWN DEVELOPMENT AREA: The central business district of the city as described in subsection (b) of Section 45-23A-91. See Alabama Code 45-23A-91.01
  • drug: shall include barbiturates, central nervous system stimulants, hallucinogenics, and all other drugs to which the narcotic and drug abuse laws of the United States apply. See Alabama Code 45-23A-91.12
  • dwelling: Any occupied or unoccupied building, structure, or other improvement to real property used or expected to be used as a dwelling for one or more persons, including specifically but not limited to the following:

    a. See Alabama Code 45-26-141.02

  • election: Unless otherwise specified, any general, special, primary, or runoff election, or any convention or caucus of a political party held to nominate a candidate, or any election at which a constitutional amendment or other proposition is submitted to the popular vote. See Alabama Code 45-27A-31.05
  • ELECTIONEERING COMMUNICATION: Any communication disseminated through any federally regulated broadcast media, any mailing, or other distribution, electronic communication, phone bank, or publication which (i) contains the name or image of a candidate; (ii) is made within 120 days of an election in which the candidate will appear on the ballot; (iii) the only reasonable conclusion to be drawn from the presentation and content of the communication is that it is intended to influence the outcome of an election; and (iv) entails an expenditure in excess of one thousand dollars ($1,000). See Alabama Code 45-27A-31.05
  • ELIGIBLE INVESTMENTS: (i) Any time deposit with, or any certificate of deposit issued by, any bank, savings bank or savings and loan association which is organized under the laws of the United States of America that may succeed to the functions of such corporation; (ii) any debt securities that are direct, general obligations of the United States of America; (iii) any debt securities payment of the principal of and interest on which is unconditionally guaranteed by the United States of America; (iv) any debt securities (including participation certificates) that are direct, general obligations of any of the following agencies of the United States of America: the Export-Import Bank of the United States, the Federal Farm Credit Bank, the Federal Land Banks, the Federal Immediate Credit Banks, the Banks for Cooperatives, the Federal Home Loan Banks (including any joint obligations of any two or more of the foregoing agencies), the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the Federal National Mortgage Association, the Farmers Home Administration, or any other agency or instrumentality of the United States of America; (v) any repurchase obligations of any bank, savings bank or savings and loan association which is a member of the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation (or any department, agency or instrumentality of the United States of America that shall succeed to the functions of such federal corporation), which repurchase obligations are at least 100 percent secured by any one or more classes of eligible investments described in (i) through (iv), inclusive, above; (vi) any security or interest therein, whether secured or unsecured, in which an insurance company or a savings and loan association organized under the laws of the state may legally invest its own moneys at the time of investment therein by the corporation; (vii) shares of any money market fund registered and regulated under the Federal Investment Company Act of 1940, as amended, as a no-load, open-end management investment company, the portfolio assets of which consist solely of cash and eligible investments and repurchase agreements fully secured by any one or more classes of eligible investments; and (viii) any debt obligation, debt instrument or deposit obligation in which trustees are legally permitted to invest under the laws of the state at the time of investment therein by the corporation. See Alabama Code 45-37A-50.06
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • facility: Any state-owned or state-operated hospital or other facility, whether currently operating or to be operated in the future, utilized for the diagnosis, care, treatment, training or hospitalization of persons who are mentally ill or who are believed to be mentally ill and any other appropriate facility within the State of Alabama approved for such purpose by the Department of Mental Health, excluding those general hospitals owned by a state educational institution which is a public corporation organized under the acts of the Legislature of the State of Alabama. See Alabama Code 22-52-30
  • 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.
  • Fault: means wrongful act, omission, breach, or default. See Alabama Code 22-19-162
  • 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.
  • 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
  • Finance lease: means a lease with respect to which:

    (i) the lessor does not select, manufacture, or supply the goods;

    (ii) the lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

    (iii) one of the following occurs:

    (A) the lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

    (B) the lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

    (C) the lease contract or a separate accurate and complete statement delivered to the lessee discloses in writing (a) all express warranties and other rights provided to the lessee by the lessor and the supplier in connection with the lease contract (b) that there are no other express warranties or rights provided to the lessee by the lessor or the supplier in connection with the lease contract, and (c) in a consumer lease, any waiver, disclaimer, or other negation of express or implied warranties and any limitation or modification of remedy or liquidation of damages for breach of those warranties or other rights of the lessee in a manner as provided in this article or in Article 2, as applicable; or

    (D) the lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the supplier, unless the lessee has selected the supplier and directed the lessor to purchase the goods from the supplier, (b) that the lessee is entitled under this article to all warranties and other rights provided to the lessee by the supplier in connection with the lease contract, and (c) to contact the supplier to receive an accurate and complete statement from the supplier of any such express warranties and other rights and any disclaimers or limitations of them or of remedies. See Alabama Code 22-19-162

  • FIRE PROTECTION FEE: A fee for fire protection and emergency medical services levied by the commission pursuant to the authorizing amendment and this part. See Alabama Code 45-26-141.02
  • 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 judgment: shall mean any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state. See Alabama Code 22-11A-22
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • fraud: An intentional misrepresentation, deceit, or concealment of a material fact the concealing party had a duty to disclose, which was gross, oppressive, or malicious and committed with the intention on the part of the defendant of thereby depriving a person or entity of property or legal rights or otherwise causing injury. See Alabama Code 22-11A-69
  • 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
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 7-2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Alabama Code 22-19-162
  • GOVERNING BODY: With respect to the city, its city council, board of commissioners, or other like governing body. See Alabama Code 45-23A-91.01
  • GOVERNING BODY: With respect to the city, its city council, board of commissioners, or other like governing body. See Alabama Code 45-27A-31.01
  • GOVERNING BODY: The board or body in which the general legislative powers of a municipality or county are vested; provided, that this division shall not authorize any county, city or town to construct an undertaking provided for in paragraph (1) a of this section in any city or town or in any portion of a county which is then adequately served by a like undertaking or undertaking performing the proposed service; provided further, that nothing contained in this division shall authorize the construction or operation of an undertaking for the purpose of manufacturing ice for sale at retail or for retail to the public. See Alabama Code 45-37A-51.243
  • GOVERNMENT SECURITIES: Any bonds or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United States of America, including obligations of any federal agency to the extent such obligations are unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in such obligations of, or unconditionally guaranteed by, the United States of America or in specified portions thereof, which may consist of the principal thereof or the interest thereon. See Alabama Code 45-37-232.20
  • 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.
  • GROSS ADVANCE AMOUNT: The sum payable to the payee or for the payee's account as consideration for a transfer of structured settlement payment rights before any reductions for transfer expenses or other deductions to be made from the consideration. See Alabama Code 22-11A-113
  • 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 FACILITY: A hospital, nursing home, ambulatory surgical center, outpatient surgical facility, ambulance service, rescue squad, paid fire department, volunteer fire department, or any other clinic, office, or facility in which medical, dental, nursing, or podiatric services are offered. See Alabama Code 22-11A-60
  • HEALTH CARE WORKER: Physicians, dentists, nurses, respiratory therapists, phlebotomists, surgical technicians, physician assistants, podiatrist, dialysis technicians, emergency medical technicians, paramedics, ambulance drivers, dental hygienists, dental assistants, students in the healing arts, or any other individual who provides or assists in the provision of medical, dental, or nursing services. See Alabama Code 22-11A-60
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • HEMP PRODUCTS: Any and all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and seed for cultivation if the seeds originate from industrial hemp varieties. See Alabama Code 45-38-240.03
  • hiv: Human Immunodeficiency Virus. See Alabama Code 22-11A-50
  • HIV INFECTION: Infection with human immunodeficiency virus as determined by antibody tests, culture or other means approved by the State Board of Health. See Alabama Code 22-11A-50
  • identification: The full name and complete address. See Alabama Code 45-27A-31.05
  • 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 45-23A-91.01
  • incorporators: The persons forming a public corporation organized pursuant to this part. See Alabama Code 45-27A-31.01
  • 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
  • INDEPENDENT PROFESSIONAL ADVICE: Advice of an attorney, certified public accountant, actuary, or other licensed professional adviser. See Alabama Code 22-11A-113
  • 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.
  • INDUSTRIAL HEMP: All parts and varieties of the plant Cannabis sativa, cultivated or possessed by a licensed grower, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of not more than 0. See Alabama Code 45-38-240.03
  • INFECTED HEALTH CARE WORKER: A health care worker infected with HIV, HBV, HCV, or other disease designated by the State Board of Health by a rule adopted pursuant to the Alabama Administrative Procedure Act. See Alabama Code 22-11A-60
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • INPATIENT TREATMENT: Treatment being provided to a person at a state mental health facility or a designated mental health facility which has been specifically designated by the department for inpatient treatment. See Alabama Code 22-52-1.1
  • Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See Alabama Code 22-19-162
  • INSTITUTION OF HIGHER EDUCATION: A postsecondary institution, as defined in 20 U. See Alabama Code 45-38-240.03
  • 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
  • INTERESTED PARTIES: With respect to any structured settlement, the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under such structured settlement. See Alabama Code 22-11A-113
  • INTERESTED PARTY: Includes the following parties:

    a. See Alabama Code 45-37-171.01

  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • INVOLUNTARY COMMITMENT: Court ordered mental health services in either an outpatient or inpatient setting. See Alabama Code 22-52-1.1
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • JUDGE OF PROBATE: The Judge of Probate of Elmore County. See Alabama Code 45-26-141.02
  • juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 30-3D-608
  • Juror: A person who is on the jury.
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 45-26-231.06
  • law enforcement officer: shall mean and include a policeman, policewoman, and other official who has authority to make arrests and who is employed by any municipality in the state as a permanent and regular employee for and subject to law enforcement duties, but it does not include any person elected by popular vote. See Alabama Code 45-37A-56.23
  • law enforcement officer: shall mean an official who is certified by the Alabama Peace Officers' Standards and Training Commission who has authority to make arrests and who is employed by any municipality in the state as a permanent and regular employee with law enforcement duties, including police chiefs and deputy police chiefs. See Alabama Code 45-37A-56.35
  • LAW ENFORCEMENT OFFICER: A policeman regularly employed by a municipality within the county or a sheriff or deputy sheriff regularly employed by the county. See Alabama Code 22-52-90
  • 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
  • LEASE AGREEMENT: Any agreement of lease covering all or any part of the properties comprising the Alabama Agricultural Center, including the coliseum and any facilities necessary in connection therewith, which may be made between the board and the corporation pursuant to the provisions of this article. See Alabama Code 45-37A-50.01
  • Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See Alabama Code 22-19-162
  • Legacy: A gift of property made by will.
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • legislature: The Legislature of Alabama. See Alabama Code 45-23-70.01
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. See Alabama Code 22-19-162
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • livestock: Cattle, swine, sheep, goats, equine or equidae, ratites, and poultry. See Alabama Code 45-4-82.02
  • LIVESTOCK MARKET: A place, concentration or collection point, or other public or private place where a person shall assemble livestock for either public or private sale by him and such service or the cost or expense thereof is to be compensated for by the owner, on a commission basis or otherwise, or where such person purchases livestock for resale. See Alabama Code 45-4-82.02
  • LIVESTOCK MARKET: Any person engaged in the operation of a livestock market as defined in Section 2-15-60(6). See Alabama Code 45-5-100
  • livestock market: as used in this division shall mean livestock markets which are subject to the requirements of Division 1 of this article. See Alabama Code 45-5-171
  • loan: A transfer of money, property, or anything of value in consideration of a promise or obligation, conditional or not, to repay in whole or part. See Alabama Code 45-27A-31.05
  • LOCAL OFFICE: Any office under the constitution and laws of the state, except circuit, district, or legislative offices, filled by election of the registered voters of a single county or municipality, or by the voters of a division contained within a county or municipality. See Alabama Code 45-27A-31.05
  • malice: The intentional doing of a wrongful act without just cause or excuse, either:

    a. See Alabama Code 22-11A-69

  • MARKET FACILITY: Any facility for the inspection, grading, standardization, classification, refrigeration, dehydration, canning, packing, processing, cold storage and marketing of agricultural and kindred products permitted to be acquired and constructed by the Board of Agriculture and Industries pursuant to Section 2-3-20. See Alabama Code 45-37A-50.06
  • member: Such term shall include actual members of associations without capital stock and holders of common stock in organizations organized with capital stock. See Alabama Code 45-39-92.44
  • member: An individual resident and registered voter of Lauderdale County or Colbert County, who has been appointed to the authority by their respective governing bodies to serve in a representative capacity. See Alabama Code 45-39-92
  • MENTAL ILLNESS: A psychiatric disorder of thought and/or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. See Alabama Code 22-52-1.1
  • MINIMUM BID PRICE: The price that equals the Redemption Amount. See Alabama Code 45-37-171.01
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • MUNICIPAL CODE LIEN: Any lien that has been levied against real property by a Class 2 municipality that is the result of the non-payment of any fine, penalty, abatement cost, or enforcement cost incurred by a Class 2 municipality related to the enforcement of state or local housing and building codes. See Alabama Code 45-37-171.01
  • MUNICIPAL CODE LIEN PAYOFF: The principal amount of a municipal code lien, interest accrued at the rate of seven and one-half percent per annum from the date the municipal code lien was filed in the office of the judge of the probate, any fees or costs incurred in the collection of such a lien under this article including, without limitations, the cost of title examinations and publication of notices, and any other penalties allowable under either state law or under an ordinance or resolution enacted by the Class 2 municipality. See Alabama Code 45-37-171.01
  • MUNICIPAL COURT: The Municipal Court of the City of Midfield. See Alabama Code 45-37A-331.02
  • municipality: An incorporated city or town. See Alabama Code 45-26-141.02
  • municipality: Such term shall include any incorporated city or town in the state. See Alabama Code 45-37A-51.243
  • NET ADVANCE AMOUNT: The gross advance amount less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under subdivision (5) of Section 6-11-52. See Alabama Code 22-11A-113
  • No true bill: A legal procedure to dismiss charges against a defendant when the grand jury does not find enough evidence to charge the defendant with violating a law. Also called a "no bill."
  • non compos mentis: include all persons of unsound mind. See Alabama Code 30-3D-608
  • oath: includes affirmation. See Alabama Code 30-3D-608
  • office: The Alabama Small Business Office of Advocacy. See Alabama Code 41-29-221
  • organ: Any human organ, human bone or human tissue, or any other part or portions of the human body, retrieved in Alabama except that the term "organ" shall not include blood, blood products, or eyes or corneas of the eye for the purposes established by this article. See Alabama Code 22-19-121
  • organ: Organs, tissues, eyes, bones, arteries, blood or other fluids and any other part or portions of a human body. See Alabama Code 22-19-141
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • OUTPATIENT TREATMENT: Treatment being provided to a person in a nonresidential setting and who is not admitted for 24-hour-a-day care. See Alabama Code 22-52-1.1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: The owner of a motor vehicle as shown on the motor vehicle registration records of the Alabama Department of Revenue or the analogous department or agency of another state or country. See Alabama Code 45-24A-32.02
  • owner: A person owning one or more dwellings or commercial buildings. See Alabama Code 45-26-141.02
  • owner: The owner of a motor vehicle as shown on the motor vehicle registration records of the Alabama Department of Revenue or the analogous department or agency of another state or country. See Alabama Code 45-37A-331.02
  • OWNER OCCUPIED: Real property that is lawfully occupied as a principal residence that is any of the following:

    a. See Alabama Code 45-37-171.01

  • owners: as used in this article , shall mean the person in whose name the property is assessed for ad valorem tax purposes in the absence of proof to the contrary. See Alabama Code 45-37-243.02
  • PACT BOARD: The board of directors and trustees of the PACT Trust Fund. See Alabama Code 45-23-70.01
  • PACT CONTRACT: A contract entered into by the board and a participant in the PACT Program. See Alabama Code 45-23-70.01
  • PACT PROGRAM: The Alabama Prepaid Affordable College Tuition Program created in subsection (a) of Section 16-33C-6. See Alabama Code 45-23-70.01
  • PACT TRUST FUND: The fiduciary trust fund created in subsection (b) of Section 16-33C-6. See Alabama Code 45-23-70.01
  • payee: An individual who is receiving tax free payments under a structured settlement and proposes to make a transfer of payment rights thereunder. See Alabama Code 22-11A-113
  • PERMITTED INVESTMENTS: (i) Government securities; (ii) bonds, debentures, notes or other evidences of indebtedness issued by any of the following agencies: bank for cooperatives; federal intermediate credit banks; Federal Financing Bank; federal home loan banks; Federal Farm Credit Bank; Export-Import Bank of the United States; federal land banks; or Farmers Home Administration or any other agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof; (iii) bonds, notes, pass through securities or other evidences of indebtedness of Government National Mortgage Association and participation certificates of Federal Home Loan Mortgage Corporation; (iv) full faith and credit obligations of any state, provided that at the time of purchase such obligations are rated at least "AA" by Standard & Poor's Corporation and at least "Aa" by Moody's Investors Service; (v) public housing bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by contracts with the United States of America, or temporary notes, preliminary notes or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States of America; (vi) time deposits evidenced by certificates of deposit issued by banks or savings and loan associations which are members of the Federal Deposit Insurance Corporation, provided that, to the extent such time deposits are not covered by federal deposit insurance, such time deposits, including interest thereon, are fully secured by a pledge of obligations described in clauses (i), (ii), (iii), and (v) above, which at all times have a market value not less than the amount of such bank time deposits required to be so secured and which meet the greater of 100 percent collateralization or the "AA" collateral levels established by Standard & Poor's Corporation for structured financings; (vii) repurchase agreements for obligations of the type specified in clauses (i), (ii), (iii), and (v) above, provided such repurchase agreements are fully collateralized and secured by such obligations which have a market value at least equal to the purchase price of such repurchase agreements which are held by a depository satisfactory to the State Treasurer in such manner as may be required to provide a prefected security interest in such obligations, and which meet the greater of 100 percent collateralization or the "AA" collateral levels established by Standard & Poor's Corporation for structured financings; and (viii) uncollateralized investment agreements with, or certificates of deposit issued by, banks or bank holding companies, the senior long-term securities of which are rated at least "AA" by Standard & Poor's Corporation and at least "Aa" by Moody's Investors Service. See Alabama Code 45-37-232.20
  • person: Unless limited to a natural person by the context in which it is used, includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state, or of a county or municipality. See Alabama Code 45-23A-91.01
  • 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: Any individual, partnership, corporation, association, or other legal entity or organization. See Alabama Code 45-4-82.02
  • person: Any individual, partnership, corporation, association or other business unit. See Alabama Code 45-5-100
  • person: Unless limited to a natural person by the context in which it is used, includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state, or of a county or municipality. See Alabama Code 45-27A-31.01
  • person: An individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons. See Alabama Code 45-27A-31.05
  • person: Any individual, firm, joint venture, partnership, corporation, association, or joint stock association and includes any trustee, receiver, assignee, or personal representative thereof engaged in the transportation of hazardous liquids. See Alabama Code 37-4-90
  • person: Such term shall include individuals, firms, partnerships and associations. See Alabama Code 45-39-92.44
  • person: Any person, firm, partnership, association, joint venture, or corporation, and any combination of persons herein specified, but "person" shall not include the United States or any agency or instrumentality thereof, except in the case of voluntary submission to the policies and procedures and standards for quality assurance established by this article and by the "chairman". See Alabama Code 22-19-121
  • PERSONAL AND LEGISLATIVE LIVING EXPENSES: Household supplies, personal clothing, tuition payments, mortgage, rent, or utility payments for a personal residence; admission to an entertainment event or fees for a country club or social club, unless tied to a specific campaign event or functions involving constituents; and any other expense, excluding food and beverages, that would exist irrespective of the candidate's campaign or duties as a legislator. See Alabama Code 45-27A-31.05
  • PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM: A camera system which is designed and installed to work in conjunction with an electrically operated traffic-control device using vehicle sensors synchronized to automatically record, either by conventional film or digital imaging, sequenced photographs or full motion video of the rear of a motor vehicle while proceeding through a signalized intersection. See Alabama Code 45-24A-32.02
  • PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM: A camera system which is designed and installed to work in conjunction with an electrically operated traffic control device using vehicle sensors synchronized to automatically record, either by conventional film or digital imaging, sequenced photographs or full motion video of the rear of a motor vehicle while proceeding through a signalized intersection. See Alabama Code 45-37A-331.02
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • 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.
  • POLITICAL ACTION COMMITTEE: Any committee, club, association, political party, or other group of one or more persons, whether in-state or out-of-state, which receives or anticipates receiving contributions and makes or anticipates making expenditures to or on behalf of any Alabama state or local elected official, proposition, candidate, principal campaign committee or other political action committee. See Alabama Code 45-27A-31.05
  • POLITICAL PARTY: A political party as defined in Section 17-13-40. See Alabama Code 45-27A-31.05
  • 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.
  • preceding: means next before. See Alabama Code 30-3D-608
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • present sale: means a sale which is accomplished by the making of the contract. See Alabama Code 22-14-11
  • Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See Alabama Code 22-19-162
  • 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.
  • PRINCIPAL CAMPAIGN COMMITTEE: The principal campaign committee designated by a candidate under Section 17-5-4. See Alabama Code 45-27A-31.05
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the by-laws and the minutes of the proceedings of the board of the authority are kept. See Alabama Code 45-23A-91.01
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the bylaws, and the minutes of the proceedings of the board of the authority are kept. See Alabama Code 45-27A-31.01
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • 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.
  • PRODUCERS OF AGRICULTURAL PRODUCTS: Individual persons, partnerships, associations and corporations who produce such products either directly or as landlords, tenants or sharecroppers. See Alabama Code 45-39-245.07
  • PRODUCTION OF AGRICULTURAL PRODUCTS: Such term shall include fishing activities and the harvesting of aquatic and seafood products as well as the production of other agricultural or farm products hereinabove defined in subdivision (1) of this section. See Alabama Code 45-39-92.44
  • project: Interests in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and any fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in the downtown development area. See Alabama Code 45-23A-91.01
  • project: Interests in land, buildings, structures, facilities, or other improvements and any fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in the city. See Alabama Code 45-27A-31.01
  • 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
  • proposition: Any proposal for submission to the general public for its approval or rejection, including proposed as well as qualified ballot questions. See Alabama Code 45-27A-31.05
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • PUBLIC OFFICIAL: Any person elected to public office, whether or not that person has taken office, by the vote of the people at the state, county, or municipal level of government or their instrumentalities, including governmental corporations, and any person appointed to a position at the state, county, or municipal level of government or their instrumentalities, including governmental corporations. See Alabama Code 45-27A-31.05
  • Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See Alabama Code 22-19-162
  • pure honey: as used in this article , shall mean the nectar of plants that has been transformed by, and is the natural product of the honeybee, either in the honeycomb or taken from the honeycomb and marketed in a liquid, crystalized or granulated condition. See Alabama Code 45-41-244.26
  • QUALITY ASSURANCE: The policies and procedures and standards of quality for the acquisition and/or transportation of donated organs, bones, and tissue retrieved in Alabama. See Alabama Code 22-19-121
  • Quorum: The number of legislators that must be present to do business.
  • REAL ESTATE INVESTMENT TRUST: An unincorporated trust, association, or other entity as defined in Chapter 10. See Alabama Code 45-26-231.06
  • REAL ESTATE INVESTMENT TRUST: An unincorporated trust or association in which property is acquired, held, managed, administered, controlled, invested, or disposed of for the benefit and profit of any person who may become a shareholder or an entity that otherwise complies with the provisions of 26 U. See Alabama Code 43-2-696
  • Recess: A temporary interruption of the legislative business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • REDEMPTION AMOUNT: The sum of a. See Alabama Code 45-37-171.01
  • REFUNDING BONDS: Those refunding bonds issued under and pursuant to Section 2-5A-35. See Alabama Code 45-37-232.20
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • respondent: A person for which a petition for commitment to mental health services has been filed. See Alabama Code 22-52-1.1
  • RESPONSIBLE ADMINISTRATIVE AUTHORITY: With respect to a structured settlement, any government authority vested by law with exclusive jurisdiction over the settled claim resolved by such structured settlement. See Alabama Code 22-11A-113
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • REVENUE COMMISSIONER: The Revenue Commissioner of Elmore County. See Alabama Code 45-26-141.02
  • Roll call vote : A vote in which each legislator votes "yea" or "nay" as his or her name is called by the Clerk, so that the names of legislators voting on each side are recorded.
  • SAVINGS AGREEMENT: An agreement entered into between the Savings Board and a contributor establishing an ACES or ABLE savings account. See Alabama Code 45-23-70.01
  • SAVINGS BOARD: The Board of Directors of the ABLE Program and ACES Program, and trustees of the ABLE Trust Fund and ACES Trust Fund. See Alabama Code 45-23-70.01
  • securities: When used with reference to debt instruments to be issued by the corporation, shall mean and include notes, bonds and other forms of indebtedness. See Alabama Code 45-37A-50.06
  • Seller: means a person who sells or contracts to sell goods. See Alabama Code 22-14-8
  • service: Any service pertaining to the acquisition and/or transporting of organs, bones, or tissues retrieved in Alabama. See Alabama Code 22-19-121
  • 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.
  • SHEEP OR GOAT PRODUCER: Any person residing in Alabama, any Alabama corporation, or Alabama legal business entity that owns or has a financial investment in sheep or goats located in Alabama. See Alabama Code 45-37A-331.04
  • shoals: The geographic region of the State of Alabama comprising the Counties of Colbert and Lauderdale. See Alabama Code 45-39-92
  • SMALL BUSINESS: A small business, as defined in Section 25-10-3. See Alabama Code 41-29-221
  • state: The State of Alabama. See Alabama Code 45-23A-91.01
  • state: The State of Alabama. See Alabama Code 45-26-141.02
  • state: The State of Alabama. See Alabama Code 45-27A-31.01
  • state: The State of Alabama. See Alabama Code 45-27A-31.05
  • state: The State of Alabama. See Alabama Code 45-37-123.26
  • state: The State of Alabama. See Alabama Code 45-37A-50.06
  • STATE DEPARTMENT OF MENTAL HEALTH FACILITY: A mental health facility operated by the state Department of Mental Health and Mental Retardation and designated by the commissioner to have beds available to receive persons for evaluation, examination, admission, detention, or treatment for the purposes of carrying out the provisions of this article. See Alabama Code 22-52-90
  • STATE MENTAL HEALTH FACILITY: A mental health facility operated by the Alabama State Department of Mental Health. See Alabama Code 22-52-1.1
  • STATE OFFICE: All offices under the constitution and laws of the state filled by election of the registered voters of the state or of any circuit or district and shall include legislative offices. See Alabama Code 45-27A-31.05
  • 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.
  • STRUCTURED SETTLEMENT: An arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim. See Alabama Code 22-11A-113
  • STRUCTURED SETTLEMENT AGREEMENT: The agreement, judgment, stipulation, or release embodying the terms of a structured settlement. See Alabama Code 22-11A-113
  • STRUCTURED SETTLEMENT OBLIGOR: With respect to any structured settlement, the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or a qualified assignment agreement. See Alabama Code 22-11A-113
  • STRUCTURED SETTLEMENT PAYMENT RIGHTS: Rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, where:

    a. See Alabama Code 22-11A-113

  • Sublease: means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. See Alabama Code 22-19-162
  • 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 30-3D-608
  • Summons: Another word for subpoena used by the criminal justice system.
  • superintendent: The superintendent or director of Bryce Hospital located in Tuscaloosa County, the superintendent or director of Searcy Hospital located in Mobile County or the superintendent or director of any such facility as defined in subdivision (4) of this section. See Alabama Code 22-52-30
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Alabama Code 22-19-162
  • Supply contract: means a contract under which a lessor buys or leases goods to be leased. See Alabama Code 22-19-162
  • TAX CERTIFICATE HOLDER: Any of the following:

    a. See Alabama Code 45-37-171.01

  • TAX PAYOFF: Any and all amounts necessary to satisfy any claims for delinquent taxes assessed against the real property on which the Class 2 municipality is seeking to foreclosure under this article. See Alabama Code 45-37-171.01
  • taxes: Those taxes assessed against real property by either the State of Alabama, the county in which the real property is situated, or the Class 2 municipality that are delinquent, as defined in Section 40-11-4 or Section 11-51-2, as of the date a proceeding under this article is commenced or at any time before final resolution of the same, and shall also include any taxes assessed against real property that are unpaid from any previous year and any amounts required for redemption under Section 40-10-82, 40-10-120, or Section 11-51-23. See Alabama Code 45-37-171.01
  • 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.
  • TERMS OF THE STRUCTURED SETTLEMENT: Include, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement, and any order or other approval of any court or responsible administrative authority or other government authority that authorized or approved the structured settlement. See Alabama Code 22-11A-113
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • 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.
  • 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-331.02
  • TRAFFIC SIGNAL VIOLATION: Any violation of Section 32-5A-31, 32-5A-32, or 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 45-24A-32.02
  • 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-331.02
  • 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 45-24A-32.02
  • TRAINED TECHNICIAN: A sworn law enforcement officer employed by the City of Selma, who alternatively:

    a. See Alabama Code 45-24A-32.02

  • TRAINED TECHNICIAN: A sworn law enforcement officer employed by the city who alternatively:

    a. See Alabama Code 45-37A-331.02

  • 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.
  • transfer: Any sale, assignment, pledge, hypothecation, or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration; provided that the term does not include the creation or perfection of a security interest in structured settlement payment rights under a security agreement entered into with a bank or other insured depository institution or a subsidiary or affiliate of a bank or other insured depository institution (secured party) until and unless the secured party redirects the structured settlement payments to such secured party, or an agent or successor in interest thereof, or otherwise enforces the security interest against the structured settlement payment rights. See Alabama Code 22-11A-113
  • TRANSFER AGREEMENT: The agreement providing for a transfer of structured settlement payment rights. See Alabama Code 22-11A-113
  • TRANSFER EXPENSES: All expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including, without limitation, court filing fees, attorneys' fees, escrow fees, lien recordation fees, judgment and lien search fees, finders' fees, commissions, and other payments to a broker or other intermediary. See Alabama Code 22-11A-113
  • transferee: A party acquiring or proposing to acquire structured settlement payment rights through a transfer; provided that the term does not include a secured party who has not received a transfer of the structured settlement payment rights as the term "transfer" is defined in subdivision (18). See Alabama Code 22-11A-113
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • True bill: Another word for indictment.
  • Trustee: A person or institution holding and administering property in trust.
  • undertaking: Such term shall include all of the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed:

    a. See Alabama Code 45-37A-51.243

  • 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
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • 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.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • 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.
  • WITHIN THE COUNTY: A place within the boundaries of the county. See Alabama Code 22-52-90
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.