|Article 1||General Provisions||15-16-1 – 15-16-3|
|Article 2||Confined Persons||15-16-20 – 15-16-24|
|Article 3||Commitment||15-16-41 – 15-16-43|
|Article 4||Criminal Psychopath Release Restriction Act||15-16-60 – 15-16-71|
Terms Used In Alabama Code > Title 15 > Chapter 16 - Insanity
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- 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.
- affiliate: A person who controls, is controlled by, or is under common control with another person. See Alabama Code 10A-1-1.03
- ALARM MONITORING SERVICE: A service that uses a device located at a residence, place of business, or other fixed premises for both of the following purposes:
a. See Alabama Code 45-39-250
- 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.
- APPOINTING AUTHORITY: In the case of employees in the offices of the elected officials of the county, such elected officials, and means, in the case of all other county employees, the county governing body, or the board or other agency supervising their work. See Alabama Code 45-48-121
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- associate: When used to indicate a relationship with:
(A) a domestic or foreign entity for which the person is:
(i) an officer or governing person; or
(ii) a beneficial owner of 10 percent or more of a class of voting ownership interests or similar securities of the entity;
(B) a trust or estate in which the person has a substantial beneficial interest or for which the person serves as trustee or in a similar fiduciary capacity;
(C) the person's spouse or a relative of the person related by consanguinity or affinity within the fifth degree who resides with the person; or
(D) a governing person or an affiliate or officer of the person. See Alabama Code 10A-1-1.03
- 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: Any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary. See Alabama Code 13A-10-60
- board: The personnel board created by this part. See Alabama Code 45-48-121
- CABLE SERVICE: A service that provides both of the following:
a. See Alabama Code 45-39-250
- CABLE SYSTEM: A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but the term does not include any of the following:
a. See Alabama Code 45-39-250
- Capital offense: A crime punishable by death.
- Chambers: A judge's office.
- CHEMICAL SUBSTANCE: A substance intended to be used as a precursor in the manufacture of a controlled substance, or any other chemical intended to be used in the manufacture of a controlled substance. See Alabama Code 26-15-2
- 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.
- 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.
- CONTROLLED SUBSTANCE: Controlled substance as defined in subdivision (4) of Section 20-2-2. See Alabama Code 26-15-2
- county: Marshall County, Alabama. See Alabama Code 45-48-121
- CUSTOMER PREMISES EQUIPMENT: Equipment employed on the premises of a person, other than a telecommunications service provider, to originate, route, or terminate telecommunications. See Alabama Code 45-39-250
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
- director: The Director of the Alabama Small Business Office of Advocacy. See Alabama Code 41-29-221
- 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.
- domestic: With respect to an entity, means governed as to its internal affairs by this title. See Alabama Code 10A-1-1.03
- DOMESTIC ENTITY: An entity governed as to its internal affairs by this title. See Alabama Code 10A-1-1.03
- DRUG PARAPHERNALIA: Drug paraphernalia as defined in Section 13A-12-260. See Alabama Code 26-15-2
- employee: Any person, including law enforcement officers, not excepted by Section 45-48-121. See Alabama Code 45-48-121
- entity: A domestic or foreign organization. See Alabama Code 10A-1-1.03
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- equity security: when used in this chapter, means any stock or similar security or any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security, or any such warrant or right or any other security which the commissioner shall deem to be of similar nature and consider necessary or appropriate, by such rules and regulations as he may prescribe in the public interest or for the protection of investors, to treat as an equity security. See Alabama Code 27-27-58
- Ex officio: Literally, by virtue of one's office.
- Fiduciary: A trustee, executor, or administrator.
- FILING ENTITY: A domestic entity that is a corporation, limited partnership, limited liability limited partnership, limited liability company, professional association, employee cooperative corporation, or real estate investment trust. See Alabama Code 10A-1-1.03
- FILING OFFICER: An officer of this state with whom a filing instrument is required or permitted to be delivered for filing pursuant to this title. See Alabama Code 10A-1-1.03
- 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
- Fraud: Intentional deception resulting in injury to another.
- GOVERNING AUTHORITY: A person or group of persons who are entitled to manage and direct the affairs of an entity pursuant to this title and the governing documents of the entity, except that if the governing documents of the entity or this title divide the authority to manage and direct the affairs of the entity among different persons or groups of persons according to different matters, governing authority means the person or group of persons entitled to manage and direct the affairs of the entity with respect to a matter under the governing documents of the entity or this title. See Alabama Code 10A-1-1.03
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 10A-1-1.03
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- INTERACTIVE COMPUTER SERVICE: Any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and the systems operated or services offered by libraries or educational institutions. See Alabama Code 45-39-250
- internet: The international computer network of both federal and non-federal interoperable packet switched data networks. See Alabama Code 45-39-250
- jurat: A clause wherein a notary public or other attesting officer authorized by law to administer oaths in connection with affidavits, depositions and other subscribed written instruments certifies that the subscriber has appeared before him and sworn to the truth of the contents thereof. See Alabama Code 13A-10-100
- 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 1-1-1
- juror: Any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. See Alabama Code 13A-10-120
- 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.
- license: A license, certificate of registration, or other legal authorization. See Alabama Code 10A-1-1.03
- Lien: A claim against real or personal property in satisfaction of a debt.
- MANAGERIAL OFFICIAL: An officer or a governing person. See Alabama Code 10A-1-1.03
- material: A statement is "material" regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding. See Alabama Code 13A-10-100
- MERIT EMPLOYEE: Any employee who has completed his or her six months of probationary employment. See Alabama Code 45-48-121
- Minority leader: See Floor Leaders
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- municipality: Any incorporated city or town in Lauderdale County. See Alabama Code 45-39-250
- NONPROFIT ENTITY: An entity that is a nonprofit corporation, nonprofit association, or other entity that is organized solely for one or more nonprofit purposes. See Alabama Code 10A-1-1.03
- oath: Such term includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. See Alabama Code 13A-10-100
- Oath: A promise to tell the truth.
- office: The Alabama Small Business Office of Advocacy. See Alabama Code 41-29-221
- officer: An individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Alabama Code 10A-1-1.03
- OFFICIAL PROCEEDING: Any proceeding heard before any legislative, judicial, administrative or other government agency or official authorized to hear evidence under oath. See Alabama Code 13A-10-100
- organization: A corporation, limited partnership, general partnership, limited liability company, business trust, real estate investment trust, joint venture, joint stock company, cooperative, association, or other organization, including, regardless of its organizational form, a bank, insurance company, credit union, and savings and loan association, whether for profit, not for profit, nonprofit, domestic, or foreign. See Alabama Code 10A-1-1.03
- organizer: A person, who need not be an owner or member of the entity, who, having the capacity to contract, is authorized to execute documents in connection with the formation of the entity. See Alabama Code 10A-1-1.03
- Oversight: Committee review of the activities of a Federal agency or program.
- partner: A limited partner or general partner. See Alabama Code 10A-1-1.03
- PARTY OFFICER: A person who holds any position or office in a political party, whether by election, appointment or otherwise. See Alabama Code 13A-10-60
- PECUNIARY BENEFIT: Benefit in the form of money, property, commercial interests or anything else the primary significance of which is economic gain. See Alabama Code 13A-10-60
- person: Such term shall include a natural person, a corporation created under the laws of this or any other state, country, sovereignty, or political subdivision thereof, a partnership, an association, a joint-stock company, a trust, and any unincorporated organization. See Alabama Code 8-6-2
- person: An individual, including the estate of an incompetent or deceased individual, or an entity, 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
- 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.
- 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.
- 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.
- 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.
- PROFESSIONAL ENTITY: A professional association and a professional corporation. See Alabama Code 10A-1-1.03
- PROFESSIONAL SERVICE: Any type of service that may lawfully be performed only pursuant to a license issued by a state court, state regulatory licensing board, or other like agency pursuant to state laws. See Alabama Code 10A-1-1.03
- property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 10A-1-1.03
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- PUBLIC SERVANT: As used in this article, such term includes persons who presently occupy the position of a public servant, as defined in Section 13A-10-1(7), or have been elected, appointed or designated to become a public servant although not yet occupying that position. See Alabama Code 13A-10-60
- Quorum: The number of legislators that must be present to do business.
- REQUIRED OR AUTHORIZED BY LAW: An oath is "required or authorized by law" when the use of the oath is provided for by statute or municipal ordinance. See Alabama Code 13A-10-100
- RESPONSIBLE PERSON: A child's natural parent, stepparent, adoptive parent, legal guardian, custodian, or any other person who has the permanent or temporary care or custody or responsibility for the supervision of a child. See Alabama Code 26-15-2
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- SERIOUS PHYSICAL INJURY: Serious physical injury as defined in Section 13A-1-2. See Alabama Code 26-15-2
- 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.
- SMALL BUSINESS: A small business, as defined in Section 25-10-3. See Alabama Code 41-29-221
- state: Any state, territory, or possession of the United States, as well as the District of Columbia and Puerto Rico. See Alabama Code 8-6-2
- 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 10A-1-1.03
- 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.
- Subpoena: A command to a witness to appear and give testimony.
- subsidiary: An entity at least 50 percent of:
(A) the ownership or membership interest of which is owned by a parent entity; or
(B) the voting power of which is possessed by a parent entity. See Alabama Code 10A-1-1.03
- Summons: Another word for subpoena used by the criminal justice system.
- telecommunications: The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. See Alabama Code 45-39-250
- TELECOMMUNICATIONS CARRIER: Any provider of telecommunications services, except that the term does not include aggregators of telecommunications services as defined in 47 U. See Alabama Code 45-39-250
- TELECOMMUNICATIONS EQUIPMENT: Equipment, other than customer premises equipment, used by a provider of telecommunications to provide telecommunications services, and includes software integral to the equipment, including upgrades. See Alabama Code 45-39-250
- TELECOMMUNICATIONS SERVICE: The offering of telecommunications, including servicing and repairing related equipment, for a fee directly to the public, or to the classes of users as to be effectively available directly to the public regardless of the facilities used, including, but not limited to, voice, data, imaging, and video transmissions and local telephone exchange service. See Alabama Code 45-39-250
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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 or institution holding and administering property in trust.
- Venue: The geographical location in which a case is tried.
- Verdict: The decision of a petit jury or a judge.