Article 1 General Provisions 13A-12-1 – 13A-12-6
Article 2 Gambling Offenses 13A-12-20 – 13A-12-92
Article 3 Prostitution Offenses 13A-12-110 – 13A-12-125
Article 4 Obscenity and Related Offenses 13A-12-130 – 13A-12-200.12
Article 5 Drug Offenses 13A-12-201 – 13A-12-320

Terms Used In Alabama Code > Title 13A > Chapter 12

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • act: Alabama Explosives Safety Act of 1993. See Alabama Code 34-24-144
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • ADULT MOVIE HOUSE: A place where obscene "adult films" depicting sexual conduct are shown. See Alabama Code 13A-12-200.1
  • ADULT-ONLY ENTERTAINMENT: Any commercial establishment or private club where entertainers, employees, dancers, or waiters appear nude or semi-nude. See Alabama Code 13A-12-200.1
  • 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.
  • agent: Any person authorized by the Department of Revenue to purchase and affix stamps on packages of cigarettes. See Alabama Code 34-24-177
  • AIR NAVIGATION FACILITY: Any facility used in, available for use in, or designed for use in aid of, air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking-off, navigation and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities. See Alabama Code 34-24-230
  • aircraft: Any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for use primarily as safety equipment. See Alabama Code 34-24-230
  • aircraft: Any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for use primarily as safety equipment. See Alabama Code 34-24-312
  • airport: Any area of land or water which is used, or intended for use, for the landing, take-off, storage, parking or dispersal of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings, facilities or rights-of-way, together with all airport buildings, structures and facilities located thereon. See Alabama Code 34-24-230
  • airport: Any area of land or water designed and set aside for the landing and taking-off of aircraft and utilized or to be utilized in the interest of the public for such purposes. See Alabama Code 34-24-362
  • AIRPORT FACILITY: Any building, structure, land, right-of-way, equipment or instrumentality used or to be used in connection with the construction, enlargement, development, maintenance or operation of an airport or heliport or in connection with the exercise of any power of the authority. See Alabama Code 34-24-230
  • AIRPORT HAZARD: Any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking-off at any airport or is otherwise hazardous to such landing or taking-off of aircraft. See Alabama Code 34-24-362
  • AIRPORT HAZARD AREA: Any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter. See Alabama Code 34-24-362
  • 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.
  • ANIMAL SHELTER: Any facility operated by or under contract for the state or any county, municipal corporation, or other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals; any veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for such purpose in addition to its customary purposes; and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare organization, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. See Alabama Code 34-24-196
  • 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.
  • 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.
  • APPLICABLE FEDERAL LAW: The provisions of the federal law, Public Law 734, 81st Congress, as such act may from time to time be amended, including federal regulations and requirements issued pursuant thereto, or any other federal laws which provide for extending the benefits of Title II of the Social Security Act to employees of states, political subdivisions and their instrumentalities. See Alabama Code 22-55-3
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: include amended and restated articles of incorporation and, in the case of a corporation existing on January 1, 1981, its certificate of incorporation, including any amended certificate, and also include, except where the context otherwise requires, articles of merger. See Alabama Code 45-28A-42.07
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • authority: The public corporation organized pursuant to the provisions of this chapter. See Alabama Code 34-24-230
  • 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.
  • blast: The firing or detonating of explosives. See Alabama Code 34-24-144
  • blaster: A person qualified by reason of training, knowledge, and experience to design, supervise, or detonate explosives in blasting operations, who has obtained a valid blaster certification card issued by the office. See Alabama Code 34-24-144
  • BLASTING CONTRACTOR: A person employed, hired, or contracted by a client or other person to plan, organize, supervise, and conduct blasting operations. See Alabama Code 34-24-144
  • BLASTING OPERATION: The use of explosives in the blasting of stone, rock, or any other natural formation, or in any construction, quarry work, or demolition of man-made structures. See Alabama Code 34-24-144
  • board: The board of directors of the authority. See Alabama Code 34-24-230
  • board: The Board of Control of the Public Employees Defined Contribution Savings Fund. See Alabama Code 22-51-13
  • bond: Any bond authorized to be issued pursuant to the provisions of this chapter. See Alabama Code 34-24-230
  • CANINE CORPS DOGS: Those members of the canine family maintained by governmental agencies for exclusive use in official duties assigned to those agencies. See Alabama Code 34-24-165
  • cat: All members of the domesticated feline (Felis catus) family. See Alabama Code 34-24-165
  • chiropractic: when used in this article, is hereby defined as the science and art of locating and removing without the use of drugs or surgery any interference with the transmission and expression of nerve energy in the human body by any means or methods as taught in schools or colleges of chiropractic which are recognized by the State Board of Chiropractic Examiners. See Alabama Code 34-24-120
  • cigarette: Any of the following:

    a. See Alabama Code 34-24-177

  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • commission: The Alabama Public Service Commission;

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

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • consumer: A person who receives or uses mental health services. See Alabama Code 22-56-2
  • corporation: Includes a domestic or foreign business corporation as defined in Chapter 2, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 45-26-231.06
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: Any of the 67 counties of the state. See Alabama Code 34-24-230
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 45-26-231.06
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • 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: The Alabama Department of Mental Health. See Alabama Code 22-56-2
  • Dependent: A person dependent for support upon another.
  • 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: A member of the board of directors of the authority. See Alabama Code 34-24-230
  • 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:
  • DISPLAY FOR SALE: To expose, place, exhibit, show, or in any fashion display any material for the purpose of the sale of such material to any person in a manner that a minor can physically examine or see the material. See Alabama Code 13A-12-200.1
  • DISSEMINATE PUBLICLY: To expose, place, perform, exhibit, show or in any fashion display, in any location, public or private, any material in a manner that the material can either be readily seen and its content or character distinguished by normal unaided vision or be physically examined, by viewing or examining the material from any public place or any place to which members of the general public are invited. See Alabama Code 13A-12-200.1
  • distribute: To import, export, sell, rent, lend, transfer possession of or title to, display, exhibit, show, present, provide, broadcast, transmit, retransmit, communicate by telephone, play, orally communicate or perform. See Alabama Code 13A-12-200.1
  • distribution: A transfer of property, including cash, from an entity to an owner or member of the entity in the owner's or member's capacity as an owner or member. See Alabama Code 45-26-231.06
  • distributor: Any person engaged in the business of making sales of fireworks for resale to all holders of the required Alabama permits who in turn shall resell to any permit holder; or any person who receives, brings, or imports any fireworks of any kind into the State of Alabama, except to a holder of an Alabama manufacturer's or distributor's permit. See Alabama Code 34-23-50
  • Docket: A log containing brief entries of court proceedings.
  • dog: All members of the domesticated canine (Canis familiaris) family. See Alabama Code 34-24-165
  • domestic: With respect to an entity, that the entity is formed and exists under this title. See Alabama Code 45-26-231.06
  • DOMESTIC ENTITY: An organization formed and existing under this title. See Alabama Code 45-26-231.06
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • ELIGIBLE EMPLOYER: An employer or other entity who compensates a participant for the public service. See Alabama Code 22-51-13
  • employee: An officer of a state, political subdivision or instrumentality whose compensation is paid from funds of the state, political subdivision, instrumentality or employing official. See Alabama Code 22-55-3
  • employment: Any service performed by an employee in the employ of the state, or any political subdivision thereof, or any instrumentality of either for such employer, except:

    a. See Alabama Code 22-55-3

  • 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.
  • entity: A domestic entity or foreign entity. See Alabama Code 45-26-231.06
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • explosives: Any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion, or that contains oxidizing and combustible units, or other ingredients, in such proportions or quantities that ignition by detonation may produce an explosion, capable of causing injury to persons or damage to property. See Alabama Code 34-24-144
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • faa: The Federal Aviation Administration. See Alabama Code 34-24-230
  • 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 AGENCY: Such federal officer, department or agency as is charged on behalf of the federal government by or under the applicable federal law with the particular federal function referred to in this chapter in connection with such term. See Alabama Code 22-55-3
  • 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.
  • ferret: All members of the ferret (Mustela putorius furo) family. See Alabama Code 34-24-165
  • Fiduciary: A trustee, executor, or administrator.
  • FIREWORKS SEASONS: The dates of June 20 through July 10 and December 15 through January 2 of each year shall be the only periods when seasonal retailers may sell fireworks. See Alabama Code 34-23-50
  • 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.
  • FOR ANY THING OF PECUNIARY VALUE: In exchange for, in return for, or for any consideration consisting of, whether wholly or partly:

    a. See Alabama Code 13A-12-200.1

  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • foreign: With respect to an entity, that the entity is formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 45-26-231.06
  • FOREIGN ENTITY: An organization formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 45-26-231.06
  • 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.
  • fund: The Public Employees' Defined Contribution Savings Fund. See Alabama Code 22-51-13
  • 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
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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 34-24-230
  • 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
  • Grantor: The person who establishes a trust and places property into it.
  • 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.
  • HARMFUL TO MINORS: The term means:

    a. See Alabama Code 13A-12-200.1

  • HEALTH OFFICER: The State Health Officer or any county health officer as defined in Section 22-3-2, or his or her designee. See Alabama Code 34-24-165
  • heliport: An airport designed primarily for use by helicopters. See Alabama Code 34-24-230
  • IMMUNIZATION AGAINST RABIES: The injection, in a manner approved by the State Health Officer and the State Veterinarian, of rabies vaccine approved by the State Health Officer and the State Veterinarian. See Alabama Code 34-24-165
  • 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.
  • IMPOUNDING OFFICER: An agent of a county or municipality vested with impounding authority for animals covered under this chapter. See Alabama Code 34-24-165
  • indenture: A mortgage, an indenture of mortgage, deed of trust, trust agreement or trust indenture executed by the authority as security for bonds. See Alabama Code 34-24-230
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • instrumentality: Such term, when referring to an instrumentality of the state or political subdivision, includes only a legal entity which is separate and distinct from the state or such subdivision and whose employees are not by virtue of their relation to such entity employees of the state or such subdivision. See Alabama Code 22-55-3
  • Intestate: Dying without leaving a will.
  • ISSUING AUTHORITY: A municipality or other governmental entity authorized to issue permits and conduct the duties provided by this article. See Alabama Code 34-24-144
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Jurisprudence: The study of law and the structure of the legal system.
  • knowingly: The term means knowingly, as defined by Section 13A-2-2(2), doing an act involving a material when the person knows the nature of the material. See Alabama Code 13A-12-200.1
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 45-26-231.06
  • 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.
  • license: An authorization issued pursuant to Section 8-17-247 that identifies persons eligible to do business as a blasting contractor or a quarry operator where explosives will be involved in blasting operations. See Alabama Code 34-24-144
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 45-26-231.06
  • Limited liability company agreement: means any agreement (whether referred to as a limited liability company agreement, operating agreement or otherwise), written, oral or implied, of the member or members as to the activities and affairs of a limited liability company or series thereof. See Alabama Code 45-4-100.01
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • MANAGERIAL OFFICIAL: An officer or a governing person. See Alabama Code 45-26-231.06
  • manufacturer: Any person engaged in the making, manufacture, or construction of fireworks of any kind within the State of Alabama. See Alabama Code 34-23-50
  • manufacturer: Any of the following:

    a. See Alabama Code 34-24-177

  • material: Any book, magazine, newspaper, printed or written matter, writing, description, picture, drawing, animation, photograph, motion picture, film, video tape, pictorial representation, depiction, image, electrical or electronic reproduction, broadcast, transmission, telephone communication, sound recording, article, device, equipment, matter, oral communication, live performance, or dance. See Alabama Code 13A-12-200.1
  • Member: means a person admitted under Section 10A-5A-4. See Alabama Code 45-4-100.01
  • MENTAL HEALTH SERVICES: Services designed to treat or deal with persons with mental illness. See Alabama Code 22-56-2
  • minor: Any unmarried person under the age of 18 years. See Alabama Code 13A-12-200.1
  • 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.
  • MUNICIPAL AIRPORT: An airport under the direct control and management of a municipality; provided, that for the purpose of this and the following definition, the letting by a municipality to others of any privilege or concession upon an airport shall not be construed as depriving the municipality of any control or management over any part of such airport or the operations thereon. See Alabama Code 34-24-312
  • municipality: Any of the incorporated municipal corporations of the state, whether classified as city or town. See Alabama Code 34-24-230
  • municipality: Any county, city, town or incorporated village of the State of Alabama. See Alabama Code 34-24-312
  • 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
  • obscene: The term means that:

    a. See Alabama Code 13A-12-200.1

  • office: The State Fire Marshal's Office. See Alabama Code 34-24-144
  • OTHER FACILITY: Any land, right in land, building, structure, machinery, equipment or facility useful for or in connection with any type of transportation system, project, service or facility, or any housing or residential project or facility, or any educational project or facility, or any stadium, coliseum, fair ground, exhibition or athletic building or any other recreational facility, or any one or more or all of the foregoing. See Alabama Code 34-24-230
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: Any person having a right of property in a dog, cat, ferret, or other animal, or who keeps or harbors the animal, or who has it in his or her care, or acts as its custodian, or who permits the animal to remain on or about any premises occupied by him or her. See Alabama Code 34-24-165
  • participant: A person who elects to participate in the fund who makes voluntary employee contributions into a 457 deferred compensation or a 403(b) tax sheltered annuity plan, who is not a public school employee and who meets any of the following requirements:

    a. See Alabama Code 22-51-13

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • permit: The written authority of the State Fire Marshal issued under the authority of this article. See Alabama Code 34-23-50
  • permit: A municipal explosives use permit. See Alabama Code 34-24-144
  • 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, 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: Any individual and, except where inappropriate, any partnership, firm, association, corporation or other legal entity. See Alabama Code 13A-12-200.1
  • person: Individuals, firms, partnerships, and associations. See Alabama Code 34-24-165
  • person: Any individual, firm, copartnership, corporation, company, association, joint stock association or body politic and includes any trustee, receiver, assignee or other similar representative thereof. See Alabama Code 34-24-362
  • person: Includes any corporation, association, copartnership or one or more individuals. See Alabama Code 34-23-50
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • POLITICAL SUBDIVISION: Any municipality, city, town, village or county. See Alabama Code 34-24-362
  • POLITICAL SUBDIVISION: Any county, municipal corporation, school district or other equivalent governmental entity. See Alabama Code 22-55-3
  • 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.
  • 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.
  • produce: Create, make, write, film, produce, reproduce, direct, or stage. See Alabama Code 13A-12-200.1
  • program: A program for providing mental health services. See Alabama Code 22-56-2
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • provider: Any agency, corporation, or individual who provides inpatient, residential or outpatient mental health services to a consumer or consumers, provided that this chapter shall only apply to physicians licensed to practice medicine to the extent that medical services to individuals covered by the chapter must be provided in accordance with established standards of medical care. See Alabama Code 22-56-2
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • QUALITY CONTROL AND QUALITY ASSURANCE PROGRAM: The laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. See Alabama Code 34-24-177
  • Quorum: The number of legislators that must be present to do business.
  • RABIES OFFICER: A licensed veterinarian as defined in Section 34-29-61, duly appointed by the county board of health and approved by the State Health Officer and State Veterinarian. See Alabama Code 34-24-165
  • real property: includes lands, tenements and hereditaments. See Alabama Code 30-3D-608
  • recklessly: The term means recklessly, as defined by Section 13A-2-2(3), doing an act involving a material when the person knows the nature of the material. See Alabama Code 13A-12-200.1
  • Record date: means the date established under Article 6 or 7 on which a corporation determines the identity of its shareholders and their shareholdings for purposes of this chapter. See Alabama Code 45-28A-42.07
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • repeatability: The range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time. See Alabama Code 34-24-177
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • RETAIL DEALER: Any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products. See Alabama Code 34-24-177
  • retailer: Any person engaged in the business of making sales of fireworks to consumers within the State of Alabama during a calendar year from January 1 through December 31. See Alabama Code 34-23-50
  • sale: An exchange of articles or fireworks for money, including barter, exchange, gift, or offer thereof, and each such transaction made by any person, whether as principal proprietor, salesman, agent, association, copartnership, or one or more individuals. See Alabama Code 34-23-50
  • sale: Any transfer of title or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. See Alabama Code 34-24-177
  • seafoods: shall include and mean all oysters, saltwater fish, saltwater shrimp, diamond back terrapin, sea turtle, crabs and all other species of marine or saltwater animal life existing or living in the water within the territorial jurisdiction of the State of Alabama. See Alabama Code 35-4-73
  • SEASONAL RETAILER: Any person engaged in the business of making sales of fireworks to consumers within the State of Alabama during the fireworks season(s) only, from permanent buildings or temporary or moveable stands. See Alabama Code 34-23-50
  • SECRETARY OF STATE: The Secretary of State of the State of Alabama. See Alabama Code 45-26-231.06
  • sell: To sell or to offer or agree to do the same. See Alabama Code 34-24-177
  • 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.
  • SEXUAL CONDUCT: The term means:

    a. See Alabama Code 13A-12-200.1

  • Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Alabama Code 45-28A-42.07
  • Shares: means the units into which the proprietary interests in a corporation are divided. See Alabama Code 45-28A-42.07
  • SOCIAL SECURITY ACT: The act of Congress approved August 14, 1935, Chapter 531, 49 Stat. See Alabama Code 22-55-3
  • SPECIAL FIREWORKS: All articles of fireworks that are classified as Class B explosives in the regulations of the U. See Alabama Code 34-23-50
  • state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 45-26-231.06
  • state: The State of Alabama. See Alabama Code 34-24-230
  • state: The State of Alabama. See Alabama Code 34-24-312
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • sterilization: The surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce. See Alabama Code 34-24-196
  • structure: Any object constructed or installed by man including, but without limitation, buildings, towers, smokestacks and overhead transmission lines. See Alabama Code 34-24-362
  • Subpoena: A command to a witness to appear and give testimony.
  • Subscriber: means a person who subscribes for shares in a corporation, whether before or after incorporation. See Alabama Code 45-28A-42.07
  • subscription: An agreement between a subscriber and an entity, or a written offer made by a subscriber to an entity before or after the entity's formation, in which the subscriber agrees or offers to purchase a specified ownership interest in the entity. See Alabama Code 45-26-231.06
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 30-3D-608
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • 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.
  • Transfer: means an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift, or transfer by operation of law. See Alabama Code 45-4-100.01
  • Transferable interest: means a member's right to receive distributions from a limited liability company or a series thereof. See Alabama Code 45-4-100.01
  • Transferee: means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a member. See Alabama Code 45-4-100.01
  • tree: Any object of natural growth. See Alabama Code 34-24-362
  • uncontrolled: as used in this chapter shall in no case be construed to prohibit the driving of any animal or stock over, upon or along the public streets and highways of this state by the owner thereof or his duly authorized agent. See Alabama Code 34-24-59
  • 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
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • wages: All remuneration for employment, as defined in subdivision (2) of this section, including the cash value of all remuneration paid in any medium other than cash; except, that such term shall not include that part of such remuneration which, even if it were for "employment" within the meaning of the federal Insurance Contributions Act, would not constitute "wages" within the meaning of that act. See Alabama Code 22-55-3
  • WHOLESALE DEALER: Any person, other than a manufacturer, who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person. See Alabama Code 34-24-177
  • wholesaler: A person who distributes material for the purpose of resale or commercial distribution at retail. See Alabama Code 13A-12-200.1
  • wholesaler: Any person engaged in the business of making sales of fireworks to any other person engaged in the business of making sales at seasonal retail. See Alabama Code 34-23-50
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.