|Article 1||Generally||41-7A-20 – 41-7A-48|
|§ 41-7A-1||Director – Position created; appointment; salary; rights, benefits, etc|
|§ 41-7A-2||Employees of office|
|§ 41-7A-3||Purchase of prior service credit for time in Employees’ Retirement System|
Terms Used In Alabama Code > Title 41 > Chapter 7A
- administrator: The person designated by a provider to be responsible for the administration of service contracts or the service contracts plan or to make the filings required by this chapter. See Alabama Code 41-7A-40
- 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.
- 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
- Arrest: Taking physical custody of a person by lawful authority.
- association: Includes, but is not limited to, an unincorporated nonprofit association as defined in Chapter 17 and an unincorporated professional association as defined in Article 1 of Chapter 30. See Alabama Code 45-26-231.06
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- circuit: means judicial circuit. See Alabama Code 30-3D-608
- commissioner: The Commissioner of Insurance of this state. See Alabama Code 41-7A-40
- commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 32-6-15
- commodity: Any goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, without limitation, all services offered or provided or work performed or offered to be performed as an occupation or business to consumers and food, water, ice, chemicals, petroleum products, and lumber necessary for consumption or use as a direct result of the emergency. See Alabama Code 41-4-390
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- day: When used in the computation of time excludes the first day and includes the last day of the period so computed, unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. See Alabama Code 45-26-231.06
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- entity: A domestic entity or foreign entity. See Alabama Code 45-26-231.06
- 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.
- Felony: A crime carrying a penalty of more than a year in prison.
- 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.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 45-26-231.06
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- manufacturer: A person that is one of the following:
a. See Alabama Code 41-7A-40
- NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 45-26-231.06
- office: The Office of School Readiness. See Alabama Code 26-24-21
- 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
- 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 45-26-231.06
- 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.
- person: Shall include, but not be limited to, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity. See Alabama Code 41-4-390
- person: An individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any other entity, or combination of persons acting in concert. See Alabama Code 41-7A-40
- person: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 32-6-15
- Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- preceding: means next before. See Alabama Code 30-3D-608
- premium: The consideration paid to an insurer for a reimbursement insurance policy. See Alabama Code 41-7A-40
- Probate: Proving a will
- 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
- provider: A person who administers, makes, provides, sells, or offers to sell a service contract, who is contractually obligated to provide service under a service contract. See Alabama Code 41-7A-40
- PROVIDER FEE: The total purchase price paid for a service contract. See Alabama Code 41-7A-40
- Quorum: The number of legislators that must be present to do business.
- real property: includes lands, tenements and hereditaments. See Alabama Code 30-3D-608
- REIMBURSEMENT INSURANCE POLICY: A policy of insurance issued to a provider pursuant to which the insurer agrees, for the benefit of the service contract holders, to discharge the obligations of the provider under the terms of the service contracts in the event of non-performance by the provider. See Alabama Code 41-7A-40
- 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.
- RENTAL FACILITY: Shall include, but not be limited to, any hotel, motel, boarding house, dwelling house, and self storage facility offered for rent or lease. See Alabama Code 41-4-390
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- SERVICE CONTRACT: A contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement, or maintenance of property or indemnification for repair, replacement, or maintenance, for the operational or structural failure due to a defect in materials or workmanship, or normal wear and tear, with or without additional provision for incidental payment or indemnity under limited circumstances, for related expenses, including, but not limited to, towing, rental, and emergency road service. See Alabama Code 41-7A-40
- 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
- Statute: A law passed by a legislature.
- subsidiary: An entity or organization at least 50 percent of:
(A) the ownership or membership interest of which is owned by a parent entity or parent organization; or
(B) the voting power of which is possessed by a parent entity or parent organization. See Alabama Code 45-26-231.06
- Testify: Answer questions in court.
- 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.