Article 1 Structured Damages 6-11-1 – 6-11-7
Article 2 Punitive Damages 6-11-20 – 6-11-30
Article 3 Structural Settlement Protection Act 6-11-50 – 6-11-59

Terms Used In Alabama Code > Title 6 > Chapter 11 - Damages

  • ABANDONED PROPERTY: Wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements and shall include wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, and other similar articles which have no value other than nominal salvage value, if any; and is in a condition violative of Alabama statutes. See Alabama Code 45-49-252
  • accused: A person who has been arrested for committing a criminal offense and who is held for an initial appearance or other proceeding before trial. See Alabama Code 15-23-60
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • ADMINISTRATIVE DEPARTMENT: The department charged by the Mobile County Commission with the administrative management of this part. See Alabama Code 45-49-252
  • 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.
  • aids: Acquired Immune Deficiency Syndrome. See Alabama Code 22-11A-50
  • ALCOHOLIC BEVERAGES: Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half of one percent or more of alcohol by volume, and shall include liquor, beer, and wine. See Alabama Code 28-3-1
  • ALLEGED VICTIM: A person or persons to whom transmission of body fluids from the perpetrator of the crime occurred or was likely to have occurred in the course of the alleged crime. See Alabama Code 15-23-100
  • ALLOWANCE EXPENSE: Charges incurred for needed products, services, and accommodations, including, but not limited to, medical care, rehabilitation, rehabilitative occupational rehabilitation, rehabilitative occupational training, and other remedial treatment and care. See Alabama Code 15-23-3
  • 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.
  • ANNUITY ISSUER: An insurer that has issued a contract to fund periodic payments under a structured settlement. See Alabama Code 6-11-51
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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.
  • association: A partnership, limited partnership, or any form of unincorporated enterprise owned by two or more persons. See Alabama Code 28-3-1
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • attack: Any action or series of actions taken by an enemy of the United States resulting in substantial damage or injury to persons or property in this state whether through sabotage, bombs, missiles, shellfire or atomic, radiological, chemical, bacteriological or biological means or other weapons or methods. See Alabama Code 29-3-3
  • 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.
  • 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
  • Bequest: Property gifted by will.
  • board: The Alcoholic Beverage Control Board. See Alabama Code 28-3-1
  • 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 10A-3-1.02
  • BULKY WASTE: Items whose large size precludes or complicates their handling by normal collection, processing, or disposal methods. See Alabama Code 45-49-252
  • bundle: A package containing rubbish only, weighing not over 50 pounds and not exceeding four feet in its longest dimension, securely tied with cord or rope of sufficient strength to permit lifting and carrying of the full weight thereof without spillage or scattering. See Alabama Code 45-49-252
  • bylaws: The code or codes of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name or names by which the rules are designated. See Alabama Code 10A-3-1.02
  • certificate of incorporation: as used in this chapter is synonymous to the term "certificate of formation" used in Chapter 1. See Alabama Code 10A-2A-1.40
  • CERTIFICATE OF NEED: Written approval by the commission for the director to issue a permit to operate in accordance with this part. See Alabama Code 45-49-252
  • Chambers: A judge's office.
  • claimant: Any of the following persons applying for compensation under this article:

    a. See Alabama Code 15-23-3

  • CLEAR AND CONVINCING EVIDENCE: Evidence that, when weighed against evidence in opposition, will produce in the mind of the trier of fact a firm conviction as to each essential element of the claim and a high probability as to the correctness of the conclusion. See Alabama Code 6-11-20
  • 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.
  • COLLATERAL SOURCE: Source of income, financial or other benefits or advantages for economic loss other than the compensation paid by the compensation commission which the claimant has received or is entitled to receive or is readily available to the claimant, from any one or more of the following:

    a. See Alabama Code 15-23-3

  • collection: Any person, firm, partnership, or corporation permitted by the director or franchised by the board to engage in the transportation or collection of solid waste. See Alabama Code 45-49-252
  • collector: Any person, firm, partnership, or corporation permitted by the director or franchised by the commission to engage in the transportation or collection of solid waste. See Alabama Code 45-49-252
  • COMMERCIAL SOLID WASTE: Solid waste generated by stores, offices, and other activities which do not actually manufacture a product. See Alabama Code 45-49-252
  • commission: The Alabama Crime Victims Compensation Commission as created by Section 15-23-4. See Alabama Code 15-23-3
  • commission: The Mobile County Commission of Mobile County, Alabama. See Alabama Code 45-49-252
  • COMMUNITY STATUS: Extension of the limits of the places of confinement of a prisoner through work release, supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave, passes, and furloughs. See Alabama Code 15-23-60
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • CONFIDENTIAL COMMUNICATION: Any information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and which is disclosed in the course of the counselor's treatment of the victim for any emotional or psychological condition resulting from a sexual assault or family violence. See Alabama Code 15-23-41
  • CONSTRUCTION AND DEMOLITION DEBRIS: Material generally considered to be not water soluble and nonhazardous in nature including, but not limited to, steel, glass, brick, concrete, or asphalt roofing material. See Alabama Code 45-49-252
  • container: The single bottle, can, keg, bag, or other receptacle, not a carton, in which alcoholic beverages are originally packaged for the market by the manufacturer or importer and from which the alcoholic beverage is consumed by or dispensed to the public. See Alabama Code 28-3-1
  • conversion: A conversion, whether referred to as a conversion, domestication, or otherwise, means:

    (A) the continuance of a domestic entity as a foreign entity of any type;

    (B) the continuance of a foreign entity as a domestic entity of any type; or

    (C) the continuance of a domestic entity of one type as a domestic entity of another type. See Alabama Code 10A-1-1.03

  • corporation: Includes a domestic or foreign business corporation, including a benefit corporation, as defined in Chapter 2A, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 10A-1-1.03
  • court: The designated court, and if none, the circuit court specifically set forth in this title, and if none, any other court having jurisdiction in a case. See Alabama Code 10A-1-1.03
  • court: All state courts including juvenile courts. See Alabama Code 15-23-60
  • CRIMINAL OFFENSE: Conduct that gives a law enforcement officer or prosecutor probable cause to believe that a felony involving physical injury, the threat of physical injury, or a sexual offense, or any offense involving spousal abuse or domestic violence has been committed. See Alabama Code 15-23-60
  • CRIMINAL PROCEEDING: A hearing, argument, or other matter scheduled by and held before a trial court but does not include a lineup, grand jury proceeding, or other matter not held in the presence of the court. See Alabama Code 15-23-60
  • CRIMINALLY INJURIOUS CONDUCT: Criminally injurious conduct includes any of the following acts:

    a. See Alabama Code 15-23-3

  • CUSTODIAL AGENCY: A municipal or county jail, the State Department of Corrections, juvenile detention facility, Department of Youth Services, the Board of Pardons and Paroles, or a secure mental health facility having custody of a person who is arrested or is in custody for a criminal offense. See Alabama Code 15-23-60
  • 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 10A-1-1.03
  • DEAD ANIMALS: Animals that have died from any cause without proper burial, except those slaughtered for human consumption. See Alabama Code 45-49-252
  • Decedent: A deceased person.
  • 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.
  • defendant: A person or entity that is formally charged by complaint, indictment, information, or petition, of committing a criminal offense. See Alabama Code 15-23-60
  • delivery: The transportation of alcoholic beverages directly from a retail licensee of the board to an individual, pursuant to Section 28-1-4 and Section 28-3A-13. See Alabama Code 28-3-1
  • dependent: A natural person wholly or partially dependent upon the victim for care or support, and includes a child of the victim born after the death of the victim where the death occurred as a result of criminally injurious conduct. See Alabama Code 15-23-3
  • Dependent: A person dependent for support upon another.
  • dependents: A payee's spouse and minor children and all other persons for whom the payee is legally obligated to provide support, including alimony. See Alabama Code 6-11-51
  • DESIGNATED COURT: The court or courts that are designated in the (i) certificate of incorporation or bylaws of a corporation as authorized by Chapter 2A, (ii) limited liability company agreement of a limited liability company formed pursuant to or governed by Chapter 5A, (iii) partnership agreement of a partnership formed pursuant to or governed by Chapter 8A, or (iv) limited partnership agreement of a limited partnership formed pursuant to or governed by Chapter 9A. See Alabama Code 10A-1-1.03
  • 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 10A-1-1.03
  • director: The solid waste coordinator, appointed by the Mobile County Commission or its designated agent; is responsible for the administrative management of this part. See Alabama Code 45-49-252
  • DISCOUNTED PRESENT VALUE: The present value of future payments determined by discounting the payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service. See Alabama Code 6-11-51
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • DISPOSAL FACILITY: Site where solid waste is disposed of, whether by sanitary landfilling, incineration, treatment, recovery, or recycling. See Alabama Code 45-49-252
  • 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 10A-1-1.03
  • 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
  • ECONOMIC LOSS: Monetary detriment consisting only of allowable expense, work loss, replacement services loss and, if injury causes death, economic loss and replacement services loss of a dependent, but shall not include noneconomic loss or noneconomic detriment. See Alabama Code 15-23-3
  • ECONOMIC LOSS OF A DEPENDENT: A loss after the death or injury of the victim of contributions of things of economic value to the dependent, not including services which would have been received from the victim if he or she had not suffered the fatal injury, less expenses of the dependent avoided by reason of death or injury of the victim. See Alabama Code 15-23-3
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 10A-1-1.03
  • employee: An individual to whom an employer is required to issue a W-2 tax form under federal law. See Alabama Code 28-3-1
  • ENFORCEMENT AGENCY: The agency or agencies of this county, or of the state, charged with the enforcement of those aspects of this part related to the protection of the public safety, health, welfare, and environment, including all law enforcement officers of the county and litter patrol officers hired by the Mobile County Commission and deputized by the Mobile County Sheriff, who will work under the supervision of and be paid by the Mobile County Commission. See Alabama Code 45-49-252
  • 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: 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • FAMILY VIOLENCE: The occurrence of one or more of the following acts between family or household members:

    a. See Alabama Code 15-23-41

  • FILING INSTRUMENT: An instrument, document, or statement that is required or permitted by this title to be delivered for filing by or for an entity to a filing officer. See Alabama Code 10A-1-1.03
  • FINAL DISPOSITION: The ultimate termination of the criminal prosecution of a defendant by a trial court, including dismissal, acquittal, or imposition of a sentence. See Alabama Code 15-23-60
  • foreign: With respect to an entity, means governed as to its internal affairs by the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • fraud: An intentional misrepresentation, deceit, or concealment of a material fact the concealing party had a duty to disclose, which was gross, oppressive, or malicious and committed with the intention on the part of the defendant of thereby depriving a person or entity of property or legal rights or otherwise causing injury. See Alabama Code 6-11-20
  • garbage: Materials resulting from the preparation, cooking, and serving of food; market wastes, trimmings, and other discarded matter from meat or produce, including containers in which packaged; and such other refuse as may be defined by the commission. See Alabama Code 45-49-252
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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,
  • GROSS ADVANCE AMOUNT: The sum payable to the payee or for the payee's account as consideration for a transfer of structured settlement payment rights before any reductions for transfer expenses or other deductions to be made from the consideration. See Alabama Code 6-11-51
  • HAZARDOUS WASTES: Materials or combinations of materials which require special management techniques because of their acute or chronic effects on air and water quality or both; on fish, wildlife, or other biota; or on the health and welfare of the public. See Alabama Code 45-49-252
  • HEALTH CARE FACILITY: A hospital, nursing home, ambulatory surgical center, outpatient surgical facility, ambulance service, rescue squad, paid fire department, volunteer fire department, or any other clinic, office, or facility in which medical, dental, nursing, or podiatric services are offered. See Alabama Code 22-11A-60
  • HEALTH CARE WORKER: Physicians, dentists, nurses, respiratory therapists, phlebotomists, surgical technicians, physician assistants, podiatrist, dialysis technicians, emergency medical technicians, paramedics, ambulance drivers, dental hygienists, dental assistants, students in the healing arts, or any other individual who provides or assists in the provision of medical, dental, or nursing services. See Alabama Code 22-11A-60
  • HEALTH OFFICER: The Director of the Mobile County Health Department and his or her authorized agents. See Alabama Code 45-49-252
  • HEARING COMMISSION: A body appointed by the board to hear and decide all contested license applications and all disciplinary charges against any licensee for violation of this title or the rules of the board. See Alabama Code 28-3-1
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • hiv: Human Immunodeficiency Virus. See Alabama Code 22-11A-50
  • HIV INFECTION: Infection with human immunodeficiency virus as determined by antibody tests, culture or other means approved by the State Board of Health. See Alabama Code 22-11A-50
  • IMMEDIATE FAMILY: The spouse, parent, child, sibling, or grandparent of the victim, unless that person is in custody for an offense or is the accused. See Alabama Code 15-23-60
  • importer: Any person, association, or corporation engaged in importing alcoholic beverages, liquor, wine, or beer, manufactured outside of the United States of America into this state or for sale or distribution in this state, or to the board or to a licensee of the board. See Alabama Code 28-3-1
  • incineration: A controlled process by which solid, liquid, or gaseous combustible wastes are burned and changed into gases, and the residue produced contains little or no combustible material. See Alabama Code 45-49-252
  • incinerator: An engineered apparatus used to burn waste sub- stances and in which all the factors of combustion, temperature, retention time, turbulence, and combustion air, can be controlled. See Alabama Code 45-49-252
  • INDEPENDENT PROFESSIONAL ADVICE: Advice of an attorney, certified public accountant, actuary, or other licensed professional adviser. See Alabama Code 6-11-51
  • 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
  • INDUSTRIAL SOLID WASTE: Solid waste that results from industrial processes and manufacturing. See Alabama Code 45-49-252
  • INFECTED HEALTH CARE WORKER: A health care worker infected with HIV, HBV, HCV, or other disease designated by the State Board of Health by a rule adopted pursuant to the Alabama Administrative Procedure Act. See Alabama Code 22-11A-60
  • INFECTIOUS WASTES: Those wastes resulting from the operation of medical clinics, hospitals, abattoirs, and other facilities producing waste which may consist of, but are not limited to, human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing, and surgical gloves. See Alabama Code 45-49-252
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • INTERESTED PARTIES: With respect to any structured settlement, the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under such structured settlement. See Alabama Code 6-11-51
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • LAWFUL REPRESENTATIVE: A person who is designated by the victim, who is a member of the immediate family, or appointed by the court and who will act in the best interests of the victim. See Alabama Code 15-23-60
  • 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.
  • 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.
  • Majority leader: see Floor Leaders
  • malice: The intentional doing of a wrongful act without just cause or excuse, either:

    a. See Alabama Code 6-11-20

  • manufacturer: Any person, association, or corporation engaged in the producing, bottling, manufacturing, distilling, rectifying, or compounding of alcoholic beverages, liquor, beer, or wine in this state or for sale or distribution in this state or to the board or to a licensee of the board. See Alabama Code 28-3-1
  • member: One having membership rights in a corporation in accordance with the provisions of its governing documents. See Alabama Code 10A-3-1.02
  • merger: The combination of one or more domestic entities with one or more domestic entities or foreign entities resulting in:

    (A) one or more surviving domestic entities or foreign entities;

    (B) the creation of one or more new domestic entities or foreign entities, or one or more surviving domestic entities or foreign entities; or

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

  • minor: Any person under 21 years of age; provided, however, in the event Section 28-1-5, shall be repealed or otherwise shall be no longer in effect, thereafter the provisions of Section 26-1-1, shall govern. See Alabama Code 28-3-1
  • Minority leader: See Floor Leaders
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • NET ADVANCE AMOUNT: The gross advance amount less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under subdivision (5) of Section 6-11-52. See Alabama Code 6-11-51
  • NON-RESIDENTIAL SOLID WASTE: Solid waste from agricultural, commercial, industrial, or institutional activities or from parcels of property occupied by six or more residential units unless exempt by the Mobile County Commission from mechanical pickup requirements. See Alabama Code 45-49-252
  • 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 10A-3-1.02
  • oath: includes affirmation. See Alabama Code 1-1-1
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • OFFICE OF PROSECUTION SERVICES: The Office of Prosecution Services as established by Section 12-17-230. See Alabama Code 15-23-3
  • 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
  • oppression: Subjecting a person to cruel and unjust hardship in conscious disregard of that person's rights. See Alabama Code 6-11-20
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • PARENT OR GUARDIAN OF THE ALLEGED VICTIM: A parent or legal guardian of an alleged victim who is a minor or incapacitated person. See Alabama Code 15-23-100
  • 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.
  • payee: An individual who is receiving tax free payments under a structured settlement and proposes to make a transfer of payment rights thereunder. See Alabama Code 6-11-51
  • PERIODIC PAYMENTS: Includes both recurring payments and scheduled future lump sum payments. See Alabama Code 6-11-51
  • person: Every natural person, association, or corporation. See Alabama Code 28-3-1
  • 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
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • Personal property: All property that is not real property.
  • persons: Any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, or any other legal representative, agent, or assign. See Alabama Code 45-49-252
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • 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.
  • pollution: The condition caused by the presence in the environment of solid waste of such character and in such quantities that the quality of the environment is impaired or rendered offensive to life. See Alabama Code 45-49-252
  • POSITIVE REACTION: A positive test with a positive confirmatory test result as specified by the Department of Public Health. See Alabama Code 15-23-100
  • POST-ARREST RELEASE: The discharge of the accused from confinement on recognizance, bond, or other condition. See Alabama Code 15-23-60
  • POST-CONVICTION RELEASE: Parole, or discharge from confinement by an agency having custody of the prisoner. See Alabama Code 15-23-60
  • POST-CONVICTION RELIEF PROCEEDING: A hearing, argument, or other matter that is held in any court and that involves a request for relief from a conviction, sentence, or adjudication. See Alabama Code 15-23-60
  • 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.
  • 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.
  • PRINCIPAL OFFICE: The office, in or out of this state, where the principal executive office, whether referred to as the principal executive office, chief executive office, or otherwise, of an entity is located. See Alabama Code 10A-1-1.03
  • prisoner: A person who has been convicted or adjudicated of a criminal offense against a victim and who has been sentenced to the custody of the sheriff, the Alabama Department of Corrections, Department of Youth Services, juvenile detention facility, a municipal jail, or a secure mental health facility. See Alabama Code 15-23-60
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • processing: Any method, system, or other treatment designed to change the physical form or chemical content of solid waste. See Alabama Code 45-49-252
  • PROMISCUOUS DUMP: An unauthorized site where indiscriminate de- posits of solid waste are made by known or unknown persons and are exposed to the elements, vectors, and scavengers. See Alabama Code 45-49-252
  • 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
  • PUTRESCIBLE WASTES: Materials capable of decomposition, causing environmental nuisances or obnoxious odors, or both. See Alabama Code 45-49-252
  • QUALIFIED ASSIGNMENT AGREEMENT: An agreement providing for a qualified assignment within the meaning of Section 130 of the United States Internal Revenue Code, United States Code Title 26, as amended from time to time. See Alabama Code 6-11-51
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • RECOVERED RESOURCES: Solid waste materials which still have useful physical or chemical properties after serving a specific purpose and can, therefore, be reused or recycled for the same or other purpose. See Alabama Code 45-49-252
  • recovery: The process of obtaining usable materials or energy from solid waste. See Alabama Code 45-49-252
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • rendering: A process of recovering fatty substances from animal parts by heat treatment, extraction, and distillation. See Alabama Code 45-49-252
  • REPLACEMENT SERVICES LOSS: Expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the victim would have performed, not for income, but for the benefit of self or family, if the victim had not been injured or died. See Alabama Code 15-23-3
  • REPLACEMENT SERVICES LOSS OF DEPENDENT: The loss reasonably incurred by dependents after death of the victim in obtaining ordinary and necessary services in lieu of those the deceased victim would have performed for their benefit had the deceased victim not suffered the fatal injury, less expenses of the dependent avoided by reason of death of the victim and not subtracted in calculating the economic loss of the dependent. See Alabama Code 15-23-3
  • reprocessing: The action of changing the condition of a secondary material. See Alabama Code 45-49-252
  • RESIDENTIAL SOLID WASTE: All solid waste that normally originates in a residential environment. See Alabama Code 45-49-252
  • RESIDENTIAL UNIT: Any unit used to house persons, or capable of such use. See Alabama Code 45-49-252
  • RESPONSIBLE ADMINISTRATIVE AUTHORITY: With respect to a structured settlement, any government authority vested by law with exclusive jurisdiction over the settled claim resolved by such structured settlement. See Alabama Code 6-11-51
  • retailer: Any person licensed by the board to engage in the retail sale of any alcoholic beverages to the consumer. See Alabama Code 28-3-1
  • right: Any right granted to the victim by the laws of this state. See Alabama Code 15-23-60
  • rubbish: Solid waste or refuse, excluding garbage and bulky items; consists of both combustible and noncombustible trash, such as paper, cardboard, tin cans, plastics, yard clippings, wood, glass, and similar materials. See Alabama Code 45-49-252
  • salvage: The extracting of materials from solid waste which is of value or useful. See Alabama Code 45-49-252
  • salvaging: The controlled removal of valuable or useful material from solid waste for utilization. See Alabama Code 45-49-252
  • SANITARY LANDFILL: A site where solid waste is disposed using sanitary landfilling techniques. See Alabama Code 45-49-252
  • SANITARY LANDFILLING: An engineered method of disposing of solid waste on land in a manner that protects the environment by spreading the waste in thin layers, compacting it to the smallest practical volume, and covering it with soil by the end of each working day in compliance with applicable state law. See Alabama Code 45-49-252
  • SANITARY NUISANCE: The commission of any act by a person, or the keeping, maintaining, propagation, existence, or permission of anything by a person by which the health or lives of individuals may be threatened or impaired or by which disease may be caused. See Alabama Code 45-49-252
  • scavenging: The uncontrolled removal of materials at any point in solid waste management. See Alabama Code 45-49-252
  • separation: The systematic division of solid waste into designated components. See Alabama Code 45-49-252
  • SETTLED CLAIM: The original tort claim resolved by a structured settlement. See Alabama Code 6-11-51
  • 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.
  • SEXUAL ASSAULT: Any sexual offense enumerated in Sections 13A-6-60 through 13A-6-70. See Alabama Code 15-23-41
  • SEXUALLY TRANSMITTED DISEASE: Those diseases designated by the State Board of Health as sexually transmitted diseases for the purposes of this article. See Alabama Code 15-23-100
  • SOLID WASTE: Garbage, rubbish, refuse, or other discarded solid or semi-solid materials resulting from domestic, commercial, industrial, agricultural activities and governmental operations excluding solids or dissolved material in domestic sewage, but not materials held for reuse or resale. See Alabama Code 45-49-252
  • SOLID WASTE MANAGEMENT: Includes all or any aspects of handling solid waste: including collection, transportation, storage, separation, and disposal. See Alabama Code 45-49-252
  • SPECIAL WASTES: Those wastes that require extraordinary management. See Alabama Code 45-49-252
  • 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
  • storage: The interim containment of solid waste, in an approved manner, after generation and prior to ultimate disposal. See Alabama Code 45-49-252
  • STRUCTURED SETTLEMENT: An arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim. See Alabama Code 6-11-51
  • STRUCTURED SETTLEMENT AGREEMENT: The agreement, judgment, stipulation, or release embodying the terms of a structured settlement. See Alabama Code 6-11-51
  • STRUCTURED SETTLEMENT OBLIGOR: With respect to any structured settlement, the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or a qualified assignment agreement. See Alabama Code 6-11-51
  • STRUCTURED SETTLEMENT PAYMENT RIGHTS: Rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, where:

    a. See Alabama Code 6-11-51

  • Subpoena: A command to a witness to appear and give testimony.
  • 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 1-1-1
  • TERMS OF THE STRUCTURED SETTLEMENT: Include, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement, and any order or other approval of any court or responsible administrative authority or other government authority that authorized or approved the structured settlement. See Alabama Code 6-11-51
  • Testify: Answer questions in court.
  • 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.
  • 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: Any sale, assignment, pledge, hypothecation, or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration; provided that the term does not include the creation or perfection of a security interest in structured settlement payment rights under a security agreement entered into with a bank or other insured depository institution or a subsidiary or affiliate of a bank or other insured depository institution (secured party) until and unless the secured party redirects the structured settlement payments to such secured party, or an agent or successor in interest thereof, or otherwise enforces the security interest against the structured settlement payment rights. See Alabama Code 6-11-51
  • TRANSFER AGREEMENT: The agreement providing for a transfer of structured settlement payment rights. See Alabama Code 6-11-51
  • TRANSFER EXPENSES: All expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including, without limitation, court filing fees, attorneys' fees, escrow fees, lien recordation fees, judgment and lien search fees, finders' fees, commissions, and other payments to a broker or other intermediary. See Alabama Code 6-11-51
  • TRANSFER STATION: A facility where solid waste from several relatively small vehicles is placed into one relatively large vehicle before being transferred to solid waste processing or disposal facility. See Alabama Code 45-49-252
  • transferee: A party acquiring or proposing to acquire structured settlement payment rights through a transfer; provided that the term does not include a secured party who has not received a transfer of the structured settlement payment rights as the term "transfer" is defined in subdivision (18). See Alabama Code 6-11-51
  • TRANSMISSION OF BODY FLUIDS: The transfer of blood, semen, vaginal secretions, or other body fluids identified by the Department of Public Health, from the alleged perpetrator of a crime to the mucous membranes or potentially broken skin of the victim. See Alabama Code 15-23-100
  • transport: The movement of solid waste subsequent to collection. See Alabama Code 45-49-252
  • 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 or institution holding and administering property in trust.
  • UNAUTHORIZED ACCUMULATION: Any accumulation of trash, garbage, or putrescible waste for more than seven days on any residential or commercial properties, excluding noncommercial composting, and commercial composting for which a valid permit has been obtained. See Alabama Code 45-49-252
  • unavailable: Absent from the place of session (other than on official business of the Legislature) or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of a legislator, whether or not such absence or inability would give rise to a vacancy under existing constitutional or statutory provisions. See Alabama Code 29-3-3
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • victim: A person who suffered serious personal injury or death as a result of criminally injurious conduct. See Alabama Code 15-23-3
  • victim: A person who consults a victim counselor for assistance in overcoming adverse emotional or psychological effects of a sexual assault or family violence. See Alabama Code 15-23-41
  • victim: A person against whom the criminal offense has been committed, or if the person is killed or incapacitated, the spouse, sibling, parent, child, or guardian of the person, except if the person is in custody for an offense or is the accused. See Alabama Code 15-23-60
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • VICTIM COUNSELING: Assessment, diagnosis, and treatment to alleviate the adverse emotional or psychological impact of a sexual assault or family violence on the victim. See Alabama Code 15-23-41
  • VICTIM COUNSELING CENTER: A private organization or unit of a government agency which has as one of its primary purposes the treatment of victims for any emotional or psychological condition resulting from a sexual assault or family violence. See Alabama Code 15-23-41
  • VICTIM COUNSELOR: Any employee or supervised volunteer of a victim counseling center or other agency, business, or organization that provides counseling to victims who is not affiliated with a law enforcement agency or a prosecutor's office and whose duties include treating victims for any emotional or psychological condition resulting from a sexual assault or family violence. See Alabama Code 15-23-41
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • wantonness: Conduct which is carried on with a reckless or conscious disregard of the rights or safety of others. See Alabama Code 6-11-20
  • WASTE OIL: All types of waste oils, including waste automotive lubricants, industrial waste oils, and others that may be potential pollution sources. See Alabama Code 45-49-252
  • WHITE GOODS: Inoperative and discarded refrigerators, ranges, washers, water heaters, and other similar domestic and commercial appliances. See Alabama Code 45-49-252
  • wholesaler: Any person licensed by the board to engage in the sale and distribution of table wine and beer, or either of them, within this state, at wholesale only, to be sold by export or to retail licensees or other wholesale licensees or others within this state lawfully authorized to sell table wine and beer, or either of them, for the purpose of resale only. See Alabama Code 28-3-1
  • WORK LOSS: Loss of income from work the victim or claimant would have performed if the victim had not been injured or died, reduced by any income from substitute work actually performed by the victim or claimant or by income the victim or claimant would have earned in available appropriate substitute work which he or she was capable of performing but unreasonably failed to undertake. See Alabama Code 15-23-3
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • YARD TRASH: Vegetative matter resulting from landscaping maintenance such as trees and shrub trimmings, grass clippings, and palm fronds. See Alabama Code 45-49-252