Article 1 General and Miscellaneous Provisions 45-41-10 – 45-41-11.01
Article 2 Alcoholic Beverages 45-41-20 – 45-41-20.01
Article 3 Boards and Commissions 45-41-30
Article 4 Business, Labor, and Occupations 45-41-40 – 45-41-40.01
Article 5 Constables 45-41-50
Article 6 Coroner 45-41-60
Article 7 County Commission 45-41-70 – 45-41-72.50
Article 8 Courts 45-41-80 – 45-41-85.01
Article 10 Education 45-41-100
Article 11 Elections 45-41-110 – 45-41-111
Article 12 Employees 45-41-120
Article 13 Engineer, County 45-41-130 – 45-41-130.06
Article 14 Fire Protection and Emergency Medical Services 45-41-140 – 45-41-141.19
Article 16 Government Operations 45-41-160 – 45-41-160.01
Article 17 Health and Environment 45-41-170 – 45-41-171
Article 18 Highways and Bridges 45-41-180
Article 20 Licenses and Licensing 45-41-200
Article 21 Motor Vehicles and Transportation 45-41-210
Article 22 Parks, Historic Preservation, Museums, and Recreation 45-41-220
Article 23 Sheriff 45-41-230 – 45-41-236
Article 24 Taxation 45-41-240 – 45-41-245
Article 26 Zoning and Planning 45-41-260 – 45-41-260.14

Terms Used In Alabama Code > Title 45 > Chapter 41

  • ACCREDITED STATE: A state in which the Department of Insurance meets the minimum financial qualifications and regulatory standards promulgated and established, from time to time, by the National Association of Insurance Commissioners. See Alabama Code 45-41-84
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • actuary: A person who is a member in good standing of the American Academy of Actuaries. See Alabama Code 45-41-83.16
  • 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.
  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • APPEARANCE BOND: An appearance bond is an undertaking to pay the clerk of the circuit, district, or municipal court, for the use of the State of Alabama or the municipality, a specified sum of money upon the failure of a person released to comply with its conditions. See Alabama Code 15-13-101
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • 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
  • 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.
  • 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
  • assessment: A standardized diagnostic evaluation for placement in a treatment program. See Alabama Code 45-41-83.01
  • asset: Property of a debtor, but the term does not include:

    a. See Alabama Code 37-2-134

  • Asset: means property of a debtor, but the term does not include:

    (i) property to the extent it is encumbered by a valid lien;

    (ii) property to the extent it is generally exempt under nonbankruptcy law; or

    (iii) an interest in property held in tenancy in common for life with cross contingent remainder to the survivor in fee to the extent it is not subject to process by a creditor holding a claim against only one tenant. See Alabama Code 37-4-41

  • 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.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • AUTHORIZING AMENDMENT: That certain amendment to the Constitution of Alabama of 1901, as amended, proposed by Act 88-479 enacted at the 1988 Regular Session of the Legislature. See Alabama Code 45-41-141
  • 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.
  • 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
  • Bequeath: To gift property by will.
  • Bequest: Property gifted by will.
  • board: The Lee County Alternative Sentencing Board. See Alabama Code 45-41-83.01
  • BORROW PIT: An area from which soil or other unconsolidated materials are removed to be used, without further processing, for highway or road construction and maintenance. See Alabama Code 40-13-51
  • building: As used in this article, such term means any structure which may be entered and utilized by persons for business, public use, lodging or the storage of goods, and includes any vehicle, railway car, aircraft or watercraft used for the lodging of persons or for carrying on business therein. See Alabama Code 45-41-141.12
  • CERTIFIED HISTORIC RESIDENTIAL STRUCTURE: A certified historic structure as defined in subdivision (1). See Alabama Code 40-9F-2
  • CERTIFIED HISTORIC RESIDENTIAL STRUCTURE: A certified historic structure as defined in subdivision (1). See Alabama Code 40-9F-31
  • CERTIFIED HISTORIC STRUCTURE: A property located in Alabama which is certified by the Alabama Historical Commission as being individually listed in the National Register of Historic Places, eligible for listing in the National Register of Historic Places, or certified by the commission as contributing to the historic significance of a Registered Historic District. See Alabama Code 40-9F-2
  • CERTIFIED REHABILITATION: Repairs or alterations to a certified historic structure that is certified by the commission as meeting the U. See Alabama Code 40-9F-2
  • CERTIFIED REHABILITATION: Repairs or alterations to a certified historic structure that is certified by the commission as meeting the U. See Alabama Code 40-9F-31
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • circuit: means judicial circuit. See Alabama Code 30-3D-608
  • claim: A right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured, and specifically shall include the nonpayment of child support pursuant to a court order. See Alabama Code 37-2-134
  • claim for relief: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured and specifically shall include the nonpayment of child support pursuant to a court order. See Alabama Code 37-4-41
  • 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.
  • code: The Code of Alabama 1975, as amended. See Alabama Code 45-41-141
  • commission: The Alabama Public Service Commission;

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

  • commission: The Alabama Historical Commission and or its successor. See Alabama Code 40-9F-2
  • commission: The Alabama Historical Commission and or its successor. See Alabama Code 40-9F-31
  • commission: The Lee County Commission or other governing body of the county. See Alabama Code 45-41-141
  • commissioner: The Commissioner of Insurance. See Alabama Code 45-41-84
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 32-6-15
  • commissioner: The state Commissioner of Revenue. See Alabama Code 40-12-390
  • commissioner: The Commissioner of Revenue of the Alabama Department of Revenue. See Alabama Code 40-13-51
  • commissioner: The Commissioner of the Department of Conservation and Natural Resources of the State of Alabama. See Alabama Code 37-2-8
  • committee: The Historic Tax Credit Evaluating Committee established by this article. See Alabama Code 40-9F-31
  • 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.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • contribution: A tangible or intangible benefit that a person transfers to an entity in consideration for an ownership interest in the entity or otherwise in the person's capacity as an owner or a member. See Alabama Code 45-26-231.06
  • CONTROLLED INSURER: A licensed insurer who is controlled, directly or indirectly, by a producer. See Alabama Code 45-41-84
  • CONTROLLING PRODUCER: A producer who, directly or indirectly, controls an insurer. See Alabama Code 45-41-84
  • Conviction: A judgement of guilt against a criminal defendant.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: Lee County, Alabama. See Alabama Code 45-41-141
  • 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.
  • creditor: A person who has a claim. See Alabama Code 37-2-134
  • Creditor: means a person that has a claim. See Alabama Code 37-4-41
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • debt: Liability on a claim. See Alabama Code 37-2-134
  • Debt: means liability on a claim. See Alabama Code 37-4-41
  • debtor: A person who is liable on a claim. See Alabama Code 37-2-134
  • Debtor: means a person that is liable on a claim. See Alabama Code 37-4-41
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defense attorney: Represent defendants in criminal matters.
  • department: State Department of Conservation and Natural Resources. See Alabama Code 37-2-26
  • department: The Alabama Department of Revenue or its successor. See Alabama Code 40-9F-2
  • department: The Alabama Department of Revenue or its successor. See Alabama Code 40-9F-31
  • department: The Alabama Department of Revenue. See Alabama Code 40-13-51
  • department: The Department of Conservation and Natural Resources of the State of Alabama. See Alabama Code 37-2-8
  • 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: 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
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • disparagement: The dissemination to the public in any manner of false information that a perishable food product or commodity is not safe for human consumption. See Alabama Code 16-44A-56
  • Distribution: means a direct or indirect transfer of money or other property, except its own shares, or incurrence of indebtedness by a corporation to or for the benefit of any one or more of its shareholders in respect of any of its shares. See Alabama Code 45-28A-42.07
  • distributor: Any person, firm, or corporation engaged in the business of selling or distributing new motor vehicles to new motor vehicle dealers. See Alabama Code 40-12-390
  • district: A fire fighting district established pursuant to Amendment 392 or any law providing for the implementation of the authorizing amendment of Amendment 392. See Alabama Code 45-41-141
  • DISTRICT FIRE PROTECTION FUND: A district fire protection fund established and maintained in the county treasury pursuant to this part. See Alabama Code 45-41-141
  • Docket: A log containing brief entries of court proceedings.
  • domestic: With respect to an entity, that the entity is formed and exists under this title. See Alabama Code 45-26-231.06
  • domestic corporation: means a business corporation, which is not a foreign corporation, incorporated under or subject to the provisions of this chapter. See Alabama Code 45-28A-42.07
  • DOMESTIC VIOLENCE PROTECTION ORDER: A domestic violence protection order is any protection from abuse order issued pursuant to the Protection from Abuse Act, Sections 30-5-1 to 30-5-11, inclusive. See Alabama Code 45-41-80.03
  • drug: Includes all of the following:

    a. See Alabama Code 45-41-83.01

  • dwelling: Any building, structure, or other improvement to real property used or expected to be used as a dwelling or residence for one or more human beings, including specifically and without limiting the generality of the foregoing,

    a. See Alabama Code 45-41-141

  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 37-4-41
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: includes an officer but not a director. See Alabama Code 45-28A-42.07
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: includes corporation and foreign corporation; nonprofit corporation; for profit and nonprofit association; business trust; estate; partnership; limited liability company; trust; and two or more persons having a joint or common economic interest; and state, United States, and foreign government. See Alabama Code 45-28A-42.07
  • 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
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Explosion: includes , but is not limited to, a sudden and rapid combustion, causing violent expansion of the air, or the sudden bursting or breaking up or in pieces from an internal or other force. See Alabama Code 45-41-141.12
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • FAIR MARKET VALUE: The fair and reasonable market value (or, if applicable, the current use value) of a commercial building or dwelling (as the case may be), as such value is appraised by the tax assessor or the State Department of Revenue pursuant to applicable provisions of the code, prior to the assessment thereof for purposes of state or county ad valorem taxation pursuant to Section 40-8-1. See Alabama Code 45-41-141
  • 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
  • Felony: A crime carrying a penalty of more than a year in prison.
  • FIFTH WHEEL: Coupling between a trailer and a vehicle used for towing. See Alabama Code 45-41-170
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • FINANCIAL CHARGE: A financial charge or assessment levied by the commission in accordance with the authorizing amendment and this part. See Alabama Code 45-41-141
  • FIRE PROTECTION CORPORATION: Any public corporation, district, or authority that is:

    a. See Alabama Code 45-41-141

  • firearm: A weapon from which a shot is discharged by gunpowder. See Alabama Code 45-41-170
  • 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.
  • Forbearance: A means of handling a delinquent loan. A
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • 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.
  • IMPROVED INDEXING SYSTEM: A system of indexing real property instruments and personal property instruments in the probate office and, in the discretion of the judge of probate, of indexing other instruments and documents, which system when completed, shall consist of the equipment necessary and suitable to prepare and index records. See Alabama Code 45-41-84.01
  • 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.
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 45-26-231.06
  • insider: Includes:

    a. See Alabama Code 37-2-134

  • Insider: includes :

    (i) if the debtor is an individual:

    (A) a relative of the debtor or of a general partner of the debtor;

    (B) a partnership in which the debtor is a general partner;

    (C) a general partner in a partnership described in clause (B); or

    (D) a corporation of which the debtor is a director, officer, or person in control;

    (ii) if the debtor is a corporation:

    (A) a director of the debtor;

    (B) an officer of the debtor;

    (C) a person in control of the debtor;

    (D) a partnership in which the debtor is a general partner;

    (E) a general partner in a partnership described in clause (D); or

    (F) a relative of a general partner, director, officer, or person in control of the debtor;

    (iii) if the debtor is a partnership:

    (A) a general partner in the debtor;

    (B) a relative of a general partner in, a general partner of, or a person in control of the debtor;

    (C) another partnership in which the debtor is a general partner;

    (D) a general partner in a partnership described in clause (C); or

    (E) a person in control of the debtor;

    (iv) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and

    (v) a managing agent of the debtor. See Alabama Code 37-4-41

  • insurer: A person defined in subdivisions (2) and (3) of Section 27-1-2. See Alabama Code 45-41-83.16
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • 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 30-3D-608
  • LABOR SERVITUDE: Work or service of economic or financial value which is performed or provided by another person and is induced or obtained by coercion or deception. See Alabama Code 45-41-81.03
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 45-26-231.06
  • Legacy: A gift of property made by will.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license tax: as used in this title , shall be deemed to include any tax prescribed by a license tax schedule, but shall not exclude any license tax otherwise prescribed. See Alabama Code 40-12-344
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • lien: A charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common law lien, or a statutory lien. See Alabama Code 37-2-134
  • Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See Alabama Code 37-4-41
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • MANAGING GENERAL AGENT: Any person, firm, or association who does both of the following:

    a. See Alabama Code 45-41-83.16

  • manufacturer: Any person, firm, or corporation engaged in the business of manufacturing or assembling new and unused motor vehicles. See Alabama Code 40-12-390
  • MARINE MAMMAL: Any mammal which is morphologically adapted to the marine environment or primarily inhabits the marine environment. See Alabama Code 37-2-8
  • MARINE MAMMAL PRODUCT: Any item of merchandise which consists or is composed, in whole or in part, of any marine mammal. See Alabama Code 37-2-8
  • 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 45-26-231.06

  • MIGRATORY WATERFOWL: Any wild duck, wild goose, brant or coot (poule d'eau). See Alabama Code 37-2-26
  • minor: A person under the age of 19. See Alabama Code 45-41-81.03
  • moratorium: A complete cessation of the taking of marine mammals, except as provided in this article. See Alabama Code 37-2-8
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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.
  • MOTOR VEHICLE: Any motor vehicle as defined in Section 40-12-240, but the term shall not include any trailer not required to have a certificate of title. See Alabama Code 40-12-390
  • MOTOR VEHICLE REBUILDER: Any person, firm, or corporation engaged in the business of making or causing to be made extensive repairs, replacements, or combination of different motor vehicles to the extent of extinguishing the identity of the original vehicle to the extent that the finished motor vehicle may be assigned a new identification to be issued by the Department of Revenue under the provisions of Chapter 8 of Title 32. See Alabama Code 40-12-390
  • MOTOR VEHICLE WHOLESALER: Any person, firm, or corporation engaged in the business of buying, selling, or exchanging motor vehicles at wholesale to motor vehicle dealers, as defined in this article, and not to the public. See Alabama Code 40-12-390
  • municipality: An incorporated city or town. See Alabama Code 45-41-141
  • 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
  • NEW MOTOR VEHICLE: A motor vehicle, other than a used motor vehicle, the legal title of which has never been transferred by a manufacturer, distributor, or new motor vehicle dealer to an ultimate purchaser. See Alabama Code 40-12-390
  • NEW MOTOR VEHICLE DEALER: Any person, firm, or corporation which holds a bona fide contract or franchise in this state in effect with a manufacturer or distributor of new motor vehicles and is engaged in the business of selling, advertising, or negotiating the sale of new motor vehicles or new and used motor vehicles, and the duly licensed new motor vehicle dealers shall be the sole and only persons, firms, or corporations entitled, other than in connection with the rental or leasing of new motor vehicles by persons engaged in the business of motor vehicle rental and leasing, to sell and publicly or otherwise solicit and advertise for sale new motor vehicles. See Alabama Code 40-12-390
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • oath: includes affirmation. See Alabama Code 30-3D-608
  • obtains: Such term means:

    a. See Alabama Code 45-41-170

  • 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
  • officer: The term includes every person authorized to enforce the game and fish laws of this state, and whenever the possession, use, importation, transportation, storage, sale, offering, or exposing for sale of game birds, animals, or fish is prohibited or restricted, the prohibition or restriction shall extend to and include every part of the game, bird, animal, or fish, and a violation as to each animal, bird, or fish, or part thereof, shall be a separate offense. See Alabama Code 35-11-415
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • operator: Any person engaged in mining or quarrying operations in the state, whether individually, jointly, or through a parent, subsidiary, or affiliated company, or by agent, employee, or contractor. See Alabama Code 40-13-51
  • OPTIMUM CARRYING CAPACITY: The ability of a given habitat to support the optimum sustainable population of a species or population stock in a healthy state without diminishing the ability of the habitat to continue that function. See Alabama Code 37-2-8
  • OPTIMUM SUSTAINABLE POPULATION: With respect to any population stock, the number of animals which will result in the maximum productivity of the population or the species, keeping in mind the optimum carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element. See Alabama Code 37-2-8
  • Organization: means a person other than an individual. See Alabama Code 37-4-41
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: Any taxpayer filing a State of Alabama tax return or any entity that is exempt from federal income taxation pursuant to Section 501(c) of the Internal Revenue Code, as amended, that: a. See Alabama Code 40-9F-2
  • owner: A person, other than the defendant, who has possession of or any other interest in the property involved, even though that interest or possession is unlawful, and without whose consent the defendant has no authority to exert control over the property. See Alabama Code 45-41-170
  • owner: Any taxpayer filing a State of Alabama income tax return or any entity that is exempt from federal income taxation pursuant to Section 501(c) of the Internal Revenue Code, as amended, that:

    a. See Alabama Code 40-9F-31

  • owner: A person owning one or more dwellings or commercial buildings. See Alabama Code 45-41-141
  • participant: A person who has been approved for participation in the program. See Alabama Code 45-41-83.01
  • partner: A limited partner or general partner. See Alabama Code 45-26-231.06
  • 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 45-26-231.06
  • PERISHABLE FOOD PRODUCT OR COMMODITY: Any agricultural or aquacultural food product which is sold or distributed in a form that will perish or decay beyond marketability within a short period of time. See Alabama Code 16-44A-56
  • PERMANENT LOCATION: A building or structure from which sales of motor vehicles are conducted. See Alabama Code 40-12-390
  • 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: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 32-6-15
  • person: An individual, partnership, corporation, association, organization, government, or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity. See Alabama Code 37-2-134
  • person: Any individual, firm, partnership, corporation, association, or any other legal entity;

    (2) SEVER. See Alabama Code 40-13-30

  • person: Any individual or individuals, partnership, limited partnership, corporation, limited liability company, limited liability partnership, business trust, or any other association of persons. See Alabama Code 40-13-51
  • Person: means an individual, estate, partnership, association, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal or commercial entity. See Alabama Code 37-4-41
  • person: Any individual, firm, corporation, association or partnership; or any officer, employee, agent, department or other instrumentality of the federal government or of any state government. See Alabama Code 37-2-8
  • PERSONAL PROPERTY INSTRUMENT: Any instrument or document affecting the title to personal property only, as distinguished from real property, that may be now or hereafter titled for record in the probate office, in accordance with the applicable requirements of the law of this state, including and particularly Sections 34-4-50 and 34-4-90. See Alabama Code 45-41-84.01
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • POLLUTION CONTROL OR ABATEMENT: As defined in Section 40-23-4(a)(16) and shall include, but shall not be limited to, severed materials used in the treating, modifying, or disposing of water or air pollutants with lime or limestone in water treatment or scrubbing systems in order to comply with a federal, state, or local pollution control law or regulation. See Alabama Code 40-13-51
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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.
  • 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.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • 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.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • producer: An insurance broker or brokers or any other person, firm, association, or corporation, when, for any compensation, commission, or other thing of value, the person, firm, association, or corporation acts or aids in any manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of another insured person, firm, association, or corporation. See Alabama Code 45-41-84
  • producer: An operator engaged in the sale of severed materials. See Alabama Code 40-13-51
  • PROFESSIONAL BAIL COMPANY: A person, individual proprietor, partnership, corporation, or other entity, other than a professional surety company, that furnishes bail or becomes surety for a person on an appearance bond and does so for a valuable consideration. See Alabama Code 15-13-101
  • PROFESSIONAL BONDSMAN: An individual person or agent employed by a professional surety company or professional bail company to solicit and execute appearance bonds or actively seek bail bond business for or on behalf of a professional surety company or a professional bail company. See Alabama Code 15-13-101
  • PROFESSIONAL SURETY COMPANY: An insurance company, domestic or foreign corporation, or association engaged in the business of insurance, or a surety with a bail line of insurance to which has been issued a certificate of authority or certificate of compliance by the Alabama Department of Insurance to execute appearance bonds or bail bonds in criminal cases in the State of Alabama. See Alabama Code 15-13-101
  • program: The Lee County Alternative Sentencing Program. See Alabama Code 45-41-83.01
  • PROPELLED VEHICLE: Any propelled device in, upon, or by which any person or property is transported on land, water, or in the air, and such term includes motor vehicles, motorcycles, motorboats, aircraft, and any vessel propelled by machinery, whether or not that machinery is the principal source of propulsion. See Alabama Code 45-41-170
  • 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
  • property: Any money, tangible or intangible personal property, property (whether real or personal) the location of which can be changed (including things growing on, affixed to, or found in land and documents, although the rights represented hereby have no physical location), contract right, chose-in-action, interest in a claim to wealth, credit, or any other article or thing of value of any kind. See Alabama Code 45-41-170
  • property: Both real and personal property, whether tangible or intangible, and any interest in property whether legal or equitable and includes anything that may be the subject of ownership. See Alabama Code 37-2-134
  • Property: means both real and personal property, whether tangible or intangible, and any interest in property whether legal or equitable and includes anything that may be the subject of ownership. See Alabama Code 37-4-41
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • purchaser: A person acquiring severed materials from a producer and liable for the tax imposed hereunder. See Alabama Code 40-13-51
  • pure honey: as used in this article , shall mean the nectar of plants that has been transformed by, and is the natural product of the honeybee, either in the honeycomb or taken from the honeycomb and marketed in a liquid, crystalized or granulated condition. See Alabama Code 45-41-244.26
  • QUALIFIED REHABILITATION EXPENDITURES: Any expenditure as defined under Section 47(c)(2)(A) of the Internal Revenue Code, as amended, and the related regulations thereunder, and other reasonable expenses and costs expended in the rehabilitation of a qualified structure. See Alabama Code 40-9F-2
  • QUALIFIED REHABILITATION EXPENDITURES: Any expenditure as defined under Section 47(c)(2)(A) of the Internal Revenue Code, as amended, and the related regulations thereunder, and other reasonable expenses and costs expended in the rehabilitation of a qualified structure. See Alabama Code 40-9F-31
  • QUALIFIED STRUCTURE: Certified historic structures and non-historic structures built before 1936 which are certified by the commission as meeting the requirements contained in Section 47(c)(1)(a) and (b) of the Internal Revenue Code, as amended, and to certified historic residential structures as defined herein. See Alabama Code 40-9F-2
  • QUALIFIED STRUCTURE: Certified historic structures which are certified by the commission as meeting the requirements contained in Section 47(c)(1)(A)(i) and (ii) of the Internal Revenue Code, as amended, and to certified historic residential structures as defined herein. See Alabama Code 40-9F-31
  • real property: includes lands, tenements and hereditaments. See Alabama Code 30-3D-608
  • REAL PROPERTY INSTRUMENT: Includes any instrument or document affecting the title to real property that may now or hereafter be filed for record in the probate office pursuant to the applicable requirements of the laws of this state, including but without limitation to, Section 12-13-43, and all statutes providing for the filing and recording of notices or statements of liens of any kind, notices of judgments, and plats or maps showing subdivisions of real estate. See Alabama Code 45-41-84.01
  • receiving: Such term includes, but is not limited to, acquiring possession, control, or title and taking a security interest in the property. See Alabama Code 45-41-170
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Alabama Code 37-4-41
  • REGISTERED HISTORIC DISTRICT: Any district listed in the National Register of Historic Places and any district which is either of the following:

    a. See Alabama Code 40-9F-2

  • REGISTERED HISTORIC DISTRICT: Any district listed in the National Register of Historic Places and any district which is either of the following:

    a. See Alabama Code 40-9F-31

  • REHABILITATION PLAN: Construction plans and specifications for the proposed rehabilitation of a qualified structure in sufficient detail to enable the commission to evaluate compliance with the standards developed under this chapter. See Alabama Code 40-9F-2
  • REHABILITATION PLAN: Construction plans and specifications for the proposed rehabilitation of a qualified structure in sufficient detail to enable the commission to evaluate compliance with the standards developed under this article. See Alabama Code 40-9F-31
  • 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.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • 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).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • rights-of-way: as used in this title does not authorize the commission to prescribe the location or the routing of any pipeline facility;

    (5) COMMISSION. See Alabama Code 37-4-90

  • sale: shall include lease-purchase transactions. See Alabama Code 40-12-390
  • 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
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under Section 10A-2-8. See Alabama Code 45-28A-42.07
  • SECRETARY OF STATE: The Secretary of State of the State of Alabama. See Alabama Code 45-26-231.06
  • SERVICE AREA: The geographic area or areas in which a fire protection corporation is authorized, whether by statute, by its certificate of incorporation, or similar corporate charter (as such may from time to time be amended), or otherwise, to provide or render fire protection, fire prevention, and related services, as such area or areas may from time to time exist. See Alabama Code 45-41-141
  • 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.
  • SEVERED MATERIAL: All natural minerals, including, but not limited to, sand, gravel, sandstone, granite, shale, clay, except clay that produces lightweight aggregate, dolomite, and limestone. See Alabama Code 40-13-51
  • SEXUAL CONDUCT: Any of the following acts:

    a. See Alabama Code 45-41-81.03

  • SEXUAL SERVITUDE: Any sexual conduct as defined in subdivision (3) of Section 14-11-30, for which anything of value is directly or indirectly given, promised to, or received by any person, which conduct is induced or obtained by coercion or deception from a person; provided, however, that if the sexual conduct is with a minor, no coercion or deception is required. See Alabama Code 45-41-81.03
  • 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
  • stamp: The state migratory waterfowl stamp furnished by the department. See Alabama Code 37-2-26
  • 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: includes any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. See Alabama Code 45-41-170
  • state: The State of Alabama. See Alabama Code 45-41-141
  • state: The State of Alabama and its departments and agencies. See Alabama Code 40-13-51
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • stolen: Obtained by theft, theft by appropriating lost property, robbery, or extortion. See Alabama Code 45-41-170
  • store: as used in this article shall be construed to mean and include any store or stores or any mercantile establishment or establishments which are owned, operated, maintained, controlled or for which the buying is done by the same person, firm, corporation, copartnership, or association, either domestic or foreign, in which goods, wares or merchandise of any kind are sold, either at retail or wholesale. See Alabama Code 40-12-310
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • 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

  • SUBSTANTIAL REHABILITATION: Rehabilitation of a qualified structure for which the qualified rehabilitation expenditures exceed 50 percent of the owner's original purchase price of the qualified structure or twenty-five thousand dollars ($25,000), whichever is greater. See Alabama Code 40-9F-2
  • SUBSTANTIAL REHABILITATION: Rehabilitation of a qualified structure for which the qualified rehabilitation expenditures exceed 50 percent of the owner's original purchase price of the qualified structure or twenty-five thousand dollars ($25,000), whichever is greater. See Alabama Code 40-9F-31
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
  • take: To harass, hunt, capture or kill, or attempt to harass, hunt, capture or kill any marine mammal. See Alabama Code 37-2-8
  • TAX ASSESSOR: The tax assessor of the county. See Alabama Code 45-41-141
  • TAX COLLECTOR: The tax collector of the county. See Alabama Code 45-41-141
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testify: Answer questions in court.
  • threat: A menace, however communicated, to:

    a. See Alabama Code 45-41-170

  • ton: A short ton of 2,000 lbs. See Alabama Code 40-13-30
  • ton: A short ton of 2,000 pounds. See Alabama Code 40-13-51
  • 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.
  • TRAFFICKING VICTIM: Any person, including minors, subjected to labor servitude, sexual servitude, or involuntary servitude. See Alabama Code 45-41-81.03
  • 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.
  • transfer: Every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance. See Alabama Code 37-2-134
  • Transfer: means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license, and creation of a lien or other encumbrance. See Alabama Code 37-4-41
  • treasurer: The county treasurer of the county. See Alabama Code 45-41-141
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • trustee: A person who serves as a trustee of a trust, including a real estate investment trust. See Alabama Code 45-26-231.06
  • 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
  • UNIT OF PROPERTY: Any dwelling or commercial building, together with the real property on which it is situated or to which it is appurtenant. See Alabama Code 45-41-141
  • USED MOTOR VEHICLE: A motor vehicle, the legal title of which has been transferred by a manufacturer, distributor, or new motor vehicle dealer to an ultimate purchaser. See Alabama Code 40-12-390
  • USED MOTOR VEHICLE DEALER: Any person, firm, or corporation engaged in the business of buying, selling, exchanging, advertising, or negotiating the sale of five or more motor vehicles at retail during a calendar year, whether or not the motor vehicles are owned by such person, firm, or corporation, or in offering or displaying motor vehicles for sale at retail to the public. See Alabama Code 40-12-390
  • VALID LIEN: A lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. See Alabama Code 37-2-134
  • Valid lien: means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. See Alabama Code 37-4-41
  • value: The market value of the property at the time and place of the criminal act. See Alabama Code 45-41-170
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • violation: The knowing commission of any act prohibited by a domestic violence protection order or any willful failure to abide by its terms. See Alabama Code 45-41-80.03
  • VIOLENT OFFENSE: An offense or charge as defined in subdivision (14) of Section 12-25-32, to also include chemical endangerment of a child pursuant to Section 26-15-3. See Alabama Code 45-41-83.01
  • VOLUNTEER FIRE DEPARTMENT: Any volunteer fire department with which the commission, pursuant to Amendment 392, may enter into an agreement or agreements with respect to providing fire protection, fire prevention, and related services and facilities within the county. See Alabama Code 45-41-141
  • Whips: Assistants to the floor leaders who are also elected by their party conferences. The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. In the absence of a party floor leader, the whip often serves as acting floor leader.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.