Article 1 Culpability 13A-2-1 – 13A-2-7
Article 2 Parties to Offenses 13A-2-20 – 13A-2-26

Terms Used In Alabama Code > Title 13A > Chapter 2

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • 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.
  • Alabama representative office: shall mean any such office that is located in this state. See Alabama Code 5-13B-41
  • 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.
  • 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.
  • Appraisal: A determination of property value.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • bank: as used in this article shall not in any event include a foreign bank or a branch or agency of a foreign bank. See Alabama Code 5-13B-41
  • BUSINESS ENTITY: A corporation, limited liability company, partnership, limited partnership, registered limited liability partnership, or other entity organized to engage in business, whether for profit or not, created under the laws of the State of Alabama, predecessor law, or law of another jurisdiction. See Alabama Code 10A-5-1.02
  • BUSINESS TRUST: A business trust as defined in Chapter 16. See Alabama Code 10A-1-1.03
  • city: The City of Bessemer, Alabama. See Alabama Code 45-37A-42.02
  • CIVIL VIOLATION: A violation of the provisions of the ordinance authorized by this part, the penalty for which violation shall be the payment of a fine, the enforcement of which will not be otherwise permissible. See Alabama Code 45-37A-42.02
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Constituent organization: means an organization that is party to a merger under Article 10. See Alabama Code 10A-5A-1.02
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Converting organization: means an organization that converts into another organization pursuant to Article 10. See Alabama Code 10A-5A-1.02
  • corporation: Includes a domestic or foreign business corporation as defined in Chapter 2 or Chapter 2A, as applicable, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 10A-1-1.03
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 10A-1-1.03
  • 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.
  • Dependent: A person dependent for support upon another.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • domestic: With respect to an entity, that the entity is formed and exists pursuant to this title. See Alabama Code 10A-1-1.03
  • entity: A domestic entity or foreign entity. See Alabama Code 10A-1-1.03
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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: means an agency of a foreign bank that is licensed by the Comptroller of the Currency pursuant to the provisions of Section 4 of the Federal International Banking Act (12 U. See Alabama Code 5-13B-41
  • federal branch: means a branch of a foreign bank that is licensed by the Comptroller of the Currency pursuant to the provisions of Section 4 of the federal International Banking Act (12 U. See Alabama Code 5-13B-41
  • Fiduciary: A trustee, executor, or administrator.
  • fine: The monetary amount assessed by the City of Bessemer pursuant to the ordinance authorized by this part for a determination of civil liability for a traffic signal violation, stop sign violation, or speeding violation, which may include administrative hearing costs associated with the infraction. See Alabama Code 45-37A-42.02
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • foreign: With respect to an entity, that the entity is formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • foreign bank: means any company organized under the laws of a foreign country, a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, that engages directly in the business of banking. See Alabama Code 5-13B-41
  • Foreign limited liability company: means a limited liability company governed by the laws of a jurisdiction other than this state which would be a limited liability company if governed by the laws of this state. See Alabama Code 10A-5A-1.02
  • FOREIGN LIMITED LIABILITY PARTNERSHIP: A foreign limited liability partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • FOREIGN LIMITED PARTNERSHIP: A foreign limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • 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.
  • GENERAL PARTNERSHIP: A partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing statute: means the statute that governs an organization's internal affairs. See Alabama Code 10A-5A-1.02
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Juror: A person who is on the jury.
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 10A-1-1.03
  • 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 10A-5A-1.02
  • LIMITED LIABILITY LIMITED PARTNERSHIP: A limited liability limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • member: A person reflected in the required records of a limited liability company as the owner of some governance rights of a membership interest in the limited liability company. See Alabama Code 10A-5-1.02
  • Member: means a person admitted under Section 10A-5A-4. See Alabama Code 10A-5A-1.02
  • merger: The combination of one or more domestic entities with one or more domestic entities or non-code organizations resulting in:

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

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

    (C) one or more surviving domestic entities or non-code organizations and the creation of one or more new domestic entities or non-code organizations. See Alabama Code 10A-1-1.03

  • month: means a calendar month. See Alabama Code 1-1-1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • municipal corporation: shall mean the Town of Loxley in Baldwin County. See Alabama Code 45-2A-80
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 10A-1-1.03
  • oath: includes affirmation. See Alabama Code 1-1-1
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • organization: A corporation, limited partnership, general partnership, limited liability company, business trust, real estate investment trust, joint venture, joint stock company, cooperative, association, bank, insurance company, credit union, savings and loan association, or other organization, regardless of whether the organization is for profit, not for profit, nonprofit, domestic, or foreign. See Alabama Code 10A-1-1.03
  • Organization: means a general partnership, including a limited liability partnership; limited partnership, including a limited liability limited partnership; limited liability company; business trust; corporation; nonprofit corporation; professional corporation; or any other person having a governing statute. See Alabama Code 10A-5A-1.02
  • owner: The owner or owner of record of a motor vehicle as shown on the motor vehicle registration and title records of the Alabama Department of Revenue or the analogous department or agency of another state or nation. See Alabama Code 45-37A-42.02
  • partnership: Includes a general partnership, a limited liability partnership, a foreign limited liability partnership, a limited partnership, a foreign limited partnership, a limited liability limited partnership, and a foreign limited liability limited partnership. See Alabama Code 10A-1-1.03
  • PARTNERSHIP AGREEMENT: Any agreement (whether referred to as a partnership agreement or otherwise), written, oral or implied, of the partners as to the activities and affairs of a general partnership or a limited partnership. See Alabama Code 10A-1-1.03
  • PARTY TO THE MERGER: A domestic entity or non-code organization that under a plan of merger is combined by a merger. See Alabama Code 10A-1-1.03
  • person: An individual, including the estate of an incompetent or deceased individual, or an organization, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, nonprofit corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 10A-1-1.03
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • PHOTOGRAPHIC STOP SIGN TRAFFIC ENFORCEMENT SYSTEM: A system that meets both of the following conditions:

    a. See Alabama Code 45-37A-42.02

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

    a. See Alabama Code 45-37A-42.02

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

    a. See Alabama Code 45-37A-42.02

  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • PROFESSIONAL CORPORATION: A domestic or foreign professional corporation as defined in Chapter 4. See Alabama Code 10A-1-1.03
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 10A-1-1.03
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • RECORDED IMAGE: An image recorded by the system depicting the rear of a vehicle which is automatically recorded as a photograph or digital image, which also depicts the recorded speed, date, location, and time of the recorded image. See Alabama Code 45-37A-42.02
  • 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.
  • 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.
  • SPEED LIMIT: The established maximum speed limit on a given roadway prescribed by law. See Alabama Code 45-37A-42.02
  • SPEEDING VIOLATION: Any violation of a motor vehicle at a speed that exceeds the legal maximum speed limits set forth in or adopted pursuant to Article 8, Chapter 5A, Title 32, Sections 32-5A-170 to 32-5A-178, inclusive, or of any combination thereof; provided, however, that speed limits set by action of the Bessemer City Council, if any, shall supersede the limits set in Article 8, Chapter 5A, Title 32, Sections 32-5A-170 to 32-5A-178, inclusive. See Alabama Code 45-37A-42.02
  • state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 10A-1-1.03
  • Statute: A law passed by a legislature.
  • STOP SIGN: A fixed sign of the type authorized by the Alabama Department of Transportation which requires a vehicle to come to a complete stop before entering the intersection. See Alabama Code 45-37A-42.02
  • STOP SIGN VIOLATION: Any violation of Section 32-5A-112 wherein a vehicle proceeds into an intersection after failing to stop at a clearly marked stop line. See Alabama Code 45-37A-42.02
  • superintendent: means the superintendent then in office and, where appropriate, all of his or her successors and predecessors in office. See Alabama Code 5-13B-41
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • TRAFFIC CONTROL SIGNAL: Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed as defined in Section 32-1-1. See Alabama Code 45-37A-42.02
  • TRAFFIC SIGNAL VIOLATION: Any violation of Section 32-5A-31, Section 32-5A-32, or Section 32-5A-35, or of any combination thereof, wherein a vehicle proceeds into a signalized intersection at a time while the traffic-control signal for that vehicle's lane of travel is emitting a steady red signal. See Alabama Code 45-37A-42.02
  • TRAINED TECHNICIAN: A sworn law enforcement officer or a person certified by the Alabama Peace Officers' Standards and Training Commission, employed or contracted by the city, who has received instruction and training in the proper use of the photographic traffic signal enforcement system, the photographic stop sign enforcement system, and the photographic vehicle speed enforcement system used by the city, the city's traffic engineer or the city's designee. See Alabama Code 45-37A-42.02
  • Transfer: means an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift, or transfer by operation of law. See Alabama Code 10A-5A-1.02
  • Transferable interest: means a member's right to receive distributions from a limited liability company or a series thereof. See Alabama Code 10A-5A-1.02
  • 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 10A-5A-1.02
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
  • utilities board: shall mean the Utilities Board of the City of Foley in Baldwin County, a corporation organized and existing under the authority of Sections 11-50-310 through 11-50-318 and 11-50-320 through 11-50-324. See Alabama Code 45-2A-61
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1