Article 1 General Provisions 15-15-1 – 15-15-4
Article 2 Guilty Pleas 15-15-20.1 – 15-15-26
Article 3 Pleas in Abatement 15-15-40 – 15-15-44

Terms Used In Alabama Code > Title 15 > Chapter 15

  • account: Either of the three accounts created under Section 27-44-6. See Alabama Code 15-15-26
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • 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.
  • 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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • approved: A device, process, equipment, or method approved by the chief; provided, that if any interested person so requests, the secretary shall review such approval. See Alabama Code 25-9-2
  • 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.
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: The Alabama Life and Disability Insurance Guaranty Association created under Section 27-44-6. See Alabama Code 15-15-26
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • BENEFIT PLAN: A specific employee, union, or association of natural persons benefit plan. See Alabama Code 15-15-26
  • board: The Board of Directors of the Alabama Local Government Training Institute. See Alabama Code 45-35-244
  • BOARD OF DIRECTORS: The group of persons vested with the management of the affairs of the corporation irrespective of the name by which the group is designated. See Alabama Code 45-3-60
  • Chambers: A judge's office.
  • chief: The Chief of the Division of Safety and Inspection of the Department of Labor or such other public officer, employee, board, commission, or other authority that may in emergencies be acting in the stead of the chief or may by law be assigned the duties and authority of the Chief of the Division of Safety and Inspection of the Department of Labor. See Alabama Code 25-9-2
  • commissioner: The Commissioner of Insurance of this state. See Alabama Code 15-15-26
  • 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.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • COUNTY COMMISSION: The governing body as created in Section 11-3-1 and each county governing body created by local act. See Alabama Code 45-35-244
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 45-26-231.06
  • 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.
  • COVERED POLICY: A policy or contract or portion of a policy or contract for which coverage is provided under Section 27-44-3. See Alabama Code 15-15-26
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • department: The Department of Insurance;

    (2) COMMISSIONER. See Alabama Code 15-13-190

  • Devise: To gift property by will.
  • director: An individual who serves on the board of directors, by whatever name known, of a foreign or domestic corporation. See Alabama Code 45-26-231.06
  • distribution: A transfer of property, including cash, from an entity to an owner or member of the entity in the owner's or member's capacity as an owner or member. See Alabama Code 45-26-231.06
  • Docket: A log containing brief entries of court proceedings.
  • employee: A person in the classified service herein set up and appointed by the appointing authority, unless herein expressly excepted. See Alabama Code 45-35A-51.01
  • 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.
  • 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.
  • IMPAIRED INSURER: A member insurer which, after January 1, 2013, is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. See Alabama Code 15-15-26
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • INSOLVENT INSURER: A member insurer which, after January 1, 2013, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See Alabama Code 15-15-26
  • institute: The Alabama Local Government Training Institute. See Alabama Code 45-35-244
  • 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
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Juror: A person who is on the jury.
  • 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.
  • member: One having membership rights in a corporation in accordance with the provisions of its governing documents. See Alabama Code 45-3-60
  • MEMBER INSURER: An insurer licensed or that holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided under Section 27-44-3, and includes an insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include any of the following:

    a. See Alabama Code 15-15-26

  • MINE FOREMAN: A person holding a valid certificate of qualification duly issued by action of the board of mine examiners. See Alabama Code 25-9-2
  • NONPROFIT CORPORATION: A nonprofit corporation no part of the income or profit of which is distributable to its members, directors, or officers. See Alabama Code 45-3-60
  • officer: An individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Alabama Code 45-26-231.06
  • operator: The owner, part owner, operator or lessee to whom the superintendent reports and is accountable for the operation. See Alabama Code 25-9-2
  • permissible: A device, process, or equipment or method heretofore or hereafter classified by such term by the United States Bureau of Mines when such classification is adopted by the chief and includes, unless otherwise expressly stated in this chapter, all requirements, restrictions, exceptions, limitations, and conditions attached to such classification by said bureau. See Alabama Code 25-9-2
  • person: An individual, including the estate of an incompetent or deceased individual, or an organization, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, 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: An individual, corporation, limited liability company, partnership, association, governmental body or entity, or voluntary organization. See Alabama Code 15-15-26
  • 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.
  • 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.
  • premiums: Direct gross insurance premiums and annuity considerations received on covered policies or contracts, less returned premiums and considerations thereon and dividends paid or credited to policyholders on such direct business. See Alabama Code 15-15-26
  • 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.
  • 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.
  • RECEIVERSHIP COURT: The court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the insurer. See Alabama Code 15-15-26
  • 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.
  • 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).
  • resident: A person who resides in this state on the date of entry of a court order that determines a member insurer to be an impaired or insolvent insurer and to whom a contractual obligation is owed. See Alabama Code 15-15-26
  • RULES AND REGULATIONS: A prescribed course of procedure adopted by the board to promote the administration of this part and the system hereby created. See Alabama Code 45-35A-51.01
  • secretary: The Secretary of the Department of Labor or such other public officer, employee, board, commission, or other authority that may by law be assigned the duties and authority of the Secretary of Labor under this chapter. See Alabama Code 25-9-2
  • 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 and any department, board, bureau, commission, or other agency thereof. See Alabama Code 45-35-244
  • state: A state, the District of Columbia, Puerto Rico, and a United States possession, territory, or protectorate. See Alabama Code 15-15-26
  • STRUCTURED SETTLEMENT ANNUITY: An annuity purchased in order to fund periodic payments for a plaintiff or other claimant in payment for or with respect to personal injury suffered by the plaintiff or other claimant. See Alabama Code 15-15-26
  • 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
  • superintendent: The person placed in overall charge of the operation of a coal mine or mines. See Alabama Code 25-9-2
  • supervisor: Such term may be used to designate mine foremen, assistants, section foremen, trafficmen, maintenance foremen, etc. See Alabama Code 25-9-2
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • trustee: A person who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 45-26-231.06
  • Trustee: A person or institution holding and administering property in trust.
  • UNALLOCATED ANNUITY CONTRACT: An annuity contract or group annuity certificate which is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under the contract or certificate. See Alabama Code 15-15-26
  • 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
  • Verdict: The decision of a petit jury or a judge.
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Alabama Code 45-28A-42.07
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.