Article 1 Actions by the State 6-5-1 – 6-5-4
Article 2 Actions Against Counties 6-5-20
Article 3 Actions on Official Bonds 6-5-30 – 6-5-31
Article 4 Actions for Statutory Penalties 6-5-50
Article 5 Trusts, Combines, or Monopolies 6-5-60
Article 6 Illegal Liquor and Drug Sales; Penalties 6-5-70 – 6-5-72
Article 7 Actions Against Estate for Trespass, Waste, etc 6-5-90
Article 8 Fraud, Misrepresentation, and Deceit 6-5-100 – 6-5-104
Article 9 Nuisances 6-5-120 – 6-5-160.4
Article 10 False Imprisonment 6-5-170
Article 11 Defamation, Libel and Slander 6-5-180 – 6-5-189
Article 12 Adverse Possession 6-5-200
Article 13 Real Property Actions Generally 6-5-210 – 6-5-218
Article 13A Actions Against Architects, Contractors, Engineers 6-5-220 – 6-5-228
Article 14A Redemption of Real Estate 6-5-247 – 6-5-257
Article 15 Personal Property Actions 6-5-260 – 6-5-264
Article 15A Recovery for Theft of Merchandise 6-5-270 – 6-5-275
Article 16 Contracts, Promises and Notes 6-5-280 – 6-5-287
Article 17 Principal And Agent; Master and Servant 6-5-300
Article 18 Exemptions from Liability 6-5-330 – 6-5-347
Article 19 Seduction 6-5-350 – 6-5-351
Article 20 Felonious Injury 6-5-370
Article 21 Malicious Act of Minor 6-5-380
Article 22 Injury and Death of Minor 6-5-390 – 6-5-391
Article 23 Death 6-5-410 – 6-5-411
Article 24 Foreign Causes of Action 6-5-430
Article 25 Election Between Actions 6-5-440
Article 26 Abatement, Survival and Revival of Actions 6-5-460 – 6-5-466
Article 27 Medical Liability Actions 6-5-480 – 6-5-488
Article 28 Product Liability Actions 6-5-500 – 6-5-525
Article 28A Manufacturer Liability 6-5-530
Article 29 Medical Liability Act of 1987 6-5-540 – 6-5-552
Article 30 Legal Service Liability Actions 6-5-570 – 6-5-581
Article 31 Utility Services Actions 6-5-600 – 6-5-605
Article 32 Action for Disparagement of Food Product or Commodity 6-5-620 – 6-5-625
Article 33 Class Actions 6-5-640 – 6-5-642
Article 34 Volunteer Medical Professional Act 6-5-660 – 6-5-663
Article 35 Asbestos-Related Claims 6-5-680 – 6-5-685
Article 36 Civil Liability of Contractors. 6-5-700 – 6-5-709
Article 36A Liability for Construction Monitoring Services 6-5-710 – 6-5-712
Article 37 Commonsense Consumption Act 6-5-730 – 6-5-736
Article 38 Alabama Commercial Aviation Business Improvement Act of 2013 6-5-750 – 6-5-756
Article 39 Alabama Right of Publicity Act 6-5-770 – 6-5-774

Terms Used In Alabama Code > Title 6 > Chapter 5

  • abandonment: A voluntary and intentional relinquishment of the custody of a minor by parent, or a withholding from the minor, without good cause or excuse, by the parent, of his or her presence, care, love, protection, maintenance, or the opportunity for the display of filial affection, or the failure to claim the rights of a parent, or the failure to perform the duties of a parent. See Alabama Code 45-37-162.06
  • abortion: The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. See Alabama Code 45-39-221.09
  • abortion: as used in this chapter , does not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy of a woman when the unborn child has a lethal anomaly. See Alabama Code 45-39-234
  • ABORTION INDUCING DRUG: A medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with the knowledge that the termination will with reasonable likelihood cause the death of the unborn child. See Alabama Code 45-39-221.09
  • ABORTION OR REPRODUCTIVE HEALTH CENTER: A facility defined and regulated as an abortion or reproductive health center by the rules of the Alabama State Board of Health. See Alabama Code 45-39-221.09
  • 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
  • ACCUMULATED CONTRIBUTIONS: The sum of all the amounts deducted from the compensation of a member credited to his or her individual account in the Judges' and Clerks' Plan, together with regular interest thereon. See Alabama Code 45-38-243.05
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • action: Any suit, counterclaim, crossclaim or third party claim filed at law or in equity, including any claim therein asserted by one or more parties or against one or more parties in a multi-party action or suit, or an appeal thereof. See Alabama Code 45-39-200.08
  • ACTUARIAL EQUIVALENT: A benefit of equal value when computed upon the basis of the mortality tables adopted by the Board of Control and regular interest. See Alabama Code 45-38-243.05
  • actuary: A person who is a member in good standing of the American Academy of Actuaries. See Alabama Code 45-40-244
  • actuary: A person who is a member in good standing of the American Academy of Actuaries. See Alabama Code 45-41-83.16
  • ADJUSTED RBC REPORT: An RBC report which has been adjusted by the commissioner in accordance with subsection (e) of Section 27-2B-3. See Alabama Code 45-39A-13.08
  • administer: To give or apply a pharmacologic or other therapeutic agent to a patient. See Alabama Code 45-39-221.09
  • administration: The United States Veterans' Administration or its successor. See Alabama Code 45-37-121.25
  • administrator: The person designated by a provider to be responsible for the administration of service contracts or the service contracts plan or to make the filings required by this chapter. See Alabama Code 41-7A-40
  • administrator: A third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties. See Alabama Code 41-9-63
  • administrator: The Secretary of the Department of Labor or his or her designee. See Alabama Code 45-37-60.10
  • administrator: The Administrator of Veterans' Affairs of the United States Veterans' Administration. See Alabama Code 45-37-121.25
  • adoptee: The person being adopted. See Alabama Code 45-37-162.06
  • ADOPTION ASSISTANCE STATE: The state that is signatory to an adoption assistance agreement in a particular case. See Alabama Code 45-37-249.03
  • adult: An individual 19 years of age or older. See Alabama Code 45-36-248
  • adult: A person who is 19 years of age or older or who by statute is otherwise deemed an adult. See Alabama Code 45-37-162.06
  • ADULT MOVIE HOUSE: A place where obscene "adult films" depicting sexual conduct are shown. See Alabama Code 13A-12-200.1
  • ADULT-ONLY ENTERTAINMENT: Any commercial establishment or private club where entertainers, employees, dancers, or waiters appear nude or semi-nude. See Alabama Code 13A-12-200.1
  • advertisement: A commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agreement, except for instore merchandising aids. See Alabama Code 40-23-26
  • 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.
  • AFFECTED LAND: The area of land from which overburden has been removed or upon which overburden has been deposited after October 1, 1970. See Alabama Code 40-23-1
  • affiliate: A person who controls, is controlled by, or is under common control with another person. See Alabama Code 45-26-231.06
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • aftercare: Conditions and supervision as the juvenile court orders after release from the Department of Youth Services. See Alabama Code 45-36-248
  • agency: when used in reference to an office of a foreign bank, shall have the same meaning as is set forth in Section 1(b)(1) of the Federal International Banking Act (12 U. See Alabama Code 45-8-82.22
  • agreement: An interstate agreement for simplification and uniformity of taxation among member states in order to reduce the burden of tax compliance for sellers and for all types of commerce and to provide a means by which sales and use taxes may be collected from remote sellers. See Alabama Code 40-23-171
  • agreement: Any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of wine sold by a supplier. See Alabama Code 45-37-21.03
  • AGRICULTURAL CENTER BOARD: The board of that name established pursuant to Article 2 of this chapter. See Alabama Code 45-37A-50.06
  • AGRICULTURAL FUND: The fund of that name created and administered pursuant to Article 1, Chapter 9, Title 2. See Alabama Code 45-37A-50.06
  • agriculture: The art or science of cultivating the ground and raising and harvesting crops, including also feeding, breeding, and management of livestock and poultry; tillage; husbandry; or farming. See Alabama Code 41-9-242
  • Alabama affiliated group: means a group of corporations, each member of which is subject to tax under Section 40-18-31 and Public Law 86-272 (15 U. See Alabama Code 40-18-39
  • Alabama bank: means an Alabama state bank or an Alabama national bank. See Alabama Code 45-8-82.22
  • Alabama representative office: shall mean any such office that is located in this state. See Alabama Code 45-8-82.22
  • Alabama state agency: when used in reference to an office of a foreign bank, shall mean an agency of a foreign bank that is located in this state and licensed pursuant to the provisions of Division 3 of this article. See Alabama Code 45-8-82.22
  • Alabama state bank: means a bank organized under the laws of Alabama. See Alabama Code 45-8-82.22
  • Alabama state branch: when used in reference to an office of a foreign bank, shall mean a branch of a foreign bank that is located in this state and licensed pursuant to the provisions of Division 3 of this article. See Alabama Code 45-8-82.22
  • ALARM MONITORING SERVICE: A service that uses a device located at a residence, place of business, or other fixed premises for both of the following purposes:

    a. See Alabama Code 45-39-250

  • Allegation: something that someone says happened.
  • ANCILLARY BUSINESS: A business owned by a wholesaler, or by a substantial partner of a wholesaler, the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of wine of a supplier with whom the wholesaler has an agreement; or a business owned by a wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler which recycles empty beverage containers. See Alabama Code 45-37-21.03
  • 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: Payments for life derived from the accumulated contributions of a member. See Alabama Code 45-38-243.05
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • applicant: Any person applying for a license under this chapter, including the principal, if such person is the agent of another who is the true owner, notwithstanding whether that other is an individual, partnership, association, firm, or corporation and notwithstanding whether the name of the true owner appears on the application or not. See Alabama Code 37-8-182
  • AREA OF SALES RESPONSIBILITY: The geographical area, agreed to by the dealer and the manufacturer or the distributor or in the manufacturer and dealer agreement, within which the dealer has the exclusive right to display or sell new recreational vehicles of a particular line-make of the manufacturer or distributor to the retail public. See Alabama Code 40-17-120
  • 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.
  • article: When referring to food or drugs, such term is used in the broad and comprehensive sense and has reference to the food product or the drug product in question. See Alabama Code 20-1-20
  • 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
  • ARTICLES OF ORGANIZATION: The filing instrument provided for by Section 10A-5-2. See Alabama Code 45-4-11
  • 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

  • associate: When used to indicate a relationship with:

    (A) a domestic or foreign entity or organization for which the person is:

    (i) an officer or governing person; or

    (ii) a beneficial owner of 10 percent or more of a class of voting ownership interests or similar securities of the entity or organization;

    (B) a trust or estate in which the person has a substantial beneficial interest or for which the person serves as trustee or in a similar fiduciary capacity;

    (C) the person's spouse or a relative of the person related by consanguinity or affinity within the fifth degree who resides with the person; or

    (D) a governing person or an affiliate or officer of the person. See Alabama Code 45-26-231.06

  • 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 GENERAL: The Attorney General of the State of Alabama or his duly designated representatives. See Alabama Code 40-7-100
  • 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.
  • authority: The Jackson County Water Authority, a public corporation organized pursuant to this part. See Alabama Code 45-36-252
  • authority: The Lamar County Water Coordinating and Fire Prevention Authority, a public corporation organized pursuant to this part. See Alabama Code 45-38-141
  • Authorized control level RBC: means the number determined under the risk-based capital formula in accordance with the RBC instructions. See Alabama Code 45-39A-13.08
  • Authorized shares: means the shares of all classes a domestic or foreign business corporation is authorized to issue. See Alabama Code 45-28A-42.07
  • 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
  • AUTHORIZING RESOLUTION: The resolution adopted by the governing body of the City of Florence or the county, in accordance with this part, that authorizes the organization of the tourism board. See Alabama Code 45-39-221
  • AUTOMATED PEOPLE MOVER: An installation as defined as an automated people mover in ASCE 21. See Alabama Code 45-37-60.10
  • AVERAGE DAILY MEMBERSHIP: The meaning ascribed in Section 16-13-232. See Alabama Code 45-37-249.02
  • AVERAGE FINAL COMPENSATION: The average annual compensation of a judge or clerk with respect to which he or she had made contributions pursuant to Section 12-18-152 during the five years in his or her last 10 years of membership service for which the average is highest or during his or her entire period of membership service if less than five years. See Alabama Code 45-38-243.05
  • BABY FOOD: A food which purports to be or is represented for special dietary use as a food for babies by reason of its special formulation or its particular suitability for children under two years of age. See Alabama Code 20-1-20
  • 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.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • bank: as used in this article shall not in any event include a foreign bank or a branch or agency of a foreign bank. See Alabama Code 45-8-82.22
  • Bank Holding Company Act: means the Federal Bank Holding Company Act of 1956, as amended (12 U. See Alabama Code 45-8-82.22
  • bank supervisory agency: means :

    (1) The Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and any successor to these agencies;

    (2) Any agency of another state with primary responsibility for chartering and supervising banks; and

    (3) Any agency of a country, including any colonies, dependencies, possessions, or political subdivisions thereof, other than the United States. See Alabama Code 45-8-82.22

  • 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
  • beneficiary: Any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this article. See Alabama Code 45-38-243.05
  • benefits: All moneys payable by the United States through the Veterans' Administration. See Alabama Code 45-37-121.25
  • Bequest: Property gifted by will.
  • bid: A written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture. See Alabama Code 40-7-93
  • bingo: The game, commonly known as bingo, where numbers or symbols on a card are matched with numbers or symbols selected at random. See Alabama Code 45-42-150
  • BINGO SESSION: A consecutive period of time not to exceed five consecutive hours during which bingo is played in a given day not to exceed one day in a given week. See Alabama Code 45-42-150
  • BLIND BIDDING: The bidding for, negotiating for or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before such motion picture has either been trade screened or before such motion picture, at the option of the distributor, otherwise has been made available for viewing by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit such motion picture. See Alabama Code 40-7-93
  • blind person: means a natural person who has no vision or whose vision with correcting glasses is so defective as to prevent the performance of ordinary activities for which eyesight is essential, or who has central visual acuity of 20/200 or less in the better eye with correcting glasses, or whose central visual acuity is more than 20/200 in the better eye with correcting glasses but whose peripheral field has contracted to such an extent that the widest diameter of the visual field subtends an angular distance no greater than 20 degrees. See Alabama Code 30-3D-610
  • board: The State Board of Agriculture and Industries. See Alabama Code 40-12-291
  • board: The Board of Agriculture and Industries of the State of Alabama. See Alabama Code 45-4-82.02
  • board: The Alabama Liquefied Petroleum Gas Board. See Alabama Code 41-9-63
  • board: The State Board of Agriculture and Industries. See Alabama Code 20-1-20
  • board: The Board of Directors of the Jackson County Water Authority. See Alabama Code 45-36-252
  • board: The board of directors of the authority. See Alabama Code 45-37-91.01
  • board: The Board of Directors of the Lamar County Water Coordinating and Fire Prevention Authority. See Alabama Code 45-38-141
  • board: The Agricultural Center Board created by Sections 2-6-1 and 2-6-2. See Alabama Code 45-37A-50.01
  • board: The Board of Boilers and Pressure Vessels. See Alabama Code 45-37-40.05
  • board: The board of directors of the tourism board. See Alabama Code 45-39-221
  • board: The Elevator Safety Review Board. See Alabama Code 45-37-60.10
  • board: The Lee County Alternative Sentencing Board. See Alabama Code 45-41-83.01
  • BOARD OF AGRICULTURE AND INDUSTRIES: The Alabama Board of Agriculture and Industries created pursuant to Section 2-3-1. See Alabama Code 45-37A-50.06
  • BOARD OF CONTROL: The board provided for in Section 36-27-23 to administer the retirement system. See Alabama Code 45-38-243.05
  • BOARD OF DIRECTORS: The group of persons vested with the management of the affairs of the corporation irrespective of the name by which the group is designated. See Alabama Code 45-3-60
  • BODILY REMAINS: The physical remains, corpse, or body parts of a dead unborn infant who has been expelled or extracted from his or her mother. See Alabama Code 45-39-234
  • boiler: shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. See Alabama Code 45-37-40.05
  • bonds: Bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-36-252
  • bonds: Bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-38-141
  • bonds: Those bonds, including the refunding bonds, issued under and pursuant to the provisions of this article. See Alabama Code 45-37-232.20
  • branch: when used in reference to an office of a foreign bank, shall have the same meaning as set forth in Section 1(b)(3) of the Federal International Banking Act (12 U. See Alabama Code 45-8-82.22
  • branch: A local unit of an LP-gas business that is one or more of the following:

    a. See Alabama Code 41-9-63

  • 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
  • BUILDING COMMISSION: The Building Commission created under Article 6, Chapter 9, Title 41, and any successor agency thereto. See Alabama Code 45-37A-50.06
  • BURDEN OF INTERJECTING THE ISSUE: Shall be defined as provided in Section 13A-1-2(14). See Alabama Code 45-39A-13.12
  • bureau: The public corporation for which this part provides. See Alabama Code 45-37-91.01
  • BUSINESS CORPORATION: A corporation or foreign corporation as defined in Chapter 2. See Alabama Code 45-26-231.06
  • BUSINESS ENTITY: A corporation, limited liability company, partnership, limited partnership, registered limited liability partnership, or other entity organized to engage in business, whether for profit or not, created under the laws of the State of Alabama, predecessor law, or law of another jurisdiction. See Alabama Code 45-4-11
  • BUSINESS TRUST: A business trust as defined in Chapter 16. See Alabama Code 45-26-231.06
  • 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 45-3-60
  • CABLE SERVICE: A service that provides both of the following:

    a. See Alabama Code 45-39-250

  • CABLE SYSTEM: A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but the term does not include any of the following:

    a. See Alabama Code 45-39-250

  • Capital offense: A crime punishable by death.
  • CAPITAL OFFENSE: An offense for which a defendant shall be punished by a sentence of death or life imprisonment without parole, or in the case of a defendant who establishes that he or she was under the age of 18 years at the time of the capital offense, life imprisonment, or life imprisonment without parole, according to the provisions of this article. See Alabama Code 45-39A-13.12
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • cash: Any legal tender, negotiable paper, or solvent credit. See Alabama Code 40-18-1
  • CERTIFICATE OF DISSOLUTION: Any document such as a certificate of dissolution, statement of dissolution, or articles of dissolution, required or permitted to be filed publicly with respect to an entity's dissolution and winding up of its business, activity, activities, not for profit activity, or affairs. See Alabama Code 45-26-231.06
  • CERTIFICATE OF INSPECTION: An inspection, the report of which is used by the chief inspector to determine whether or not a certificate as provided by subsection (c) of Section 25-12-15 may be issued. See Alabama Code 45-37-40.05
  • CERTIFICATE OF OPERATION: A document issued by the administrator that indicates that the conveyance has had the required safety inspection and tests, and fees have been paid as set forth in this chapter. See Alabama Code 45-37-60.10
  • CERTIFICATED OWNERSHIP INTEREST: An ownership interest of a domestic entity represented by a certificate. See Alabama Code 45-26-231.06
  • certification: Duly authenticated by the proper officer or filing officer of the jurisdiction the laws of which govern the internal affairs of an entity. See Alabama Code 45-26-231.06
  • CERTIFIED PRESCRIBED BURN MANAGER: An individual who successfully completes a certification program approved by the Alabama Forestry Commission. See Alabama Code 40-12-342
  • Chambers: A judge's office.
  • Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
  • 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.
  • child: An individual under the age of 18 years, or under 21 years of age and before the juvenile court for a delinquency matter arising before that individual's 18th birthday. See Alabama Code 45-36-248
  • CHILD IN NEED OF SUPERVISION: A child who has been adjudicated by a juvenile court for doing any of the following and who is in need of care, rehabilitation, or supervision:

    a. See Alabama Code 45-36-248

  • Circumstantial evidence: All evidence except eyewitness testimony.
  • city: The City of Center Point, Alabama. See Alabama Code 45-37A-100.02
  • city: The City of Bessemer, Alabama. See Alabama Code 45-37A-42.02
  • CIVIL VIOLATION: A violation of the ordinance authorized by this article, the penalty for which violation shall be the payment of a fine, the enforcement of which will not be otherwise permissible. See Alabama Code 45-37A-100.02
  • CIVIL VIOLATION: A violation of the provisions of the ordinance authorized by this part, the penalty for which violation shall be the payment of a fine, the enforcement of which will not be otherwise permissible. See Alabama Code 45-37A-42.02
  • 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
  • CLAIM INFORMATION: Data related to whether an individual is receiving, has received, or has made application for unemployment compensation, the amount of such compensation being received or to be received by the individual, and the individual's current or most recent home address. See Alabama Code 45-37-21.08
  • CLASS A FOODS: Baby food, infant formula, and potentially hazardous food. See Alabama Code 20-1-20
  • 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.
  • client: A person or entity that enters into a professional employer agreement with a professional employer organization, including a worksite employer. See Alabama Code 45-37-91.05
  • code: The state building code to be adopted by the state Building Commission. See Alabama Code 41-9-170
  • code: The Code of Alabama 1975, as amended. See Alabama Code 45-41-141
  • coliseum: The existing coliseum building located in the Alabama Agricultural Center in the City of Montgomery. See Alabama Code 45-37A-50.01
  • coliseum: The existing Garrett Coliseum and the grounds and other buildings and structures associated therewith, all owned by the Agricultural Center Board and located in the City of Montgomery, Alabama. See Alabama Code 45-37A-50.06
  • COMMERCIAL TELEPHONE SELLER: Any person who engages in commercial telephone solicitation on his or her own behalf or through salespersons, except that a commercial telephone seller does not include any of the persons or entities exempted from this chapter by Section 8-19A-4. See Alabama Code 40-12-253
  • commission: The Alabama Forestry Commission. See Alabama Code 40-12-253
  • commission: Compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of certain orders or sales. See Alabama Code 40-23-10
  • commission: The Alabama Public Service Commission;

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

  • commission: The state Building Commission. See Alabama Code 41-9-170
  • commission: The citizens supervisory commission. See Alabama Code 45-37-121
  • commission: The Lee County Commission or other governing body of the county. See Alabama Code 45-41-141
  • commissioner: The Commissioner of Agriculture and Industries or his designated representative. See Alabama Code 40-12-291
  • commissioner: The Commissioner of Agriculture and Industries of the State of Alabama. See Alabama Code 45-4-82.02
  • commissioner: The Commissioner of Agriculture and Industries of the State of Alabama. See Alabama Code 45-5-100
  • commissioner: The Alabama Commissioner of Insurance. See Alabama Code 45-40-244
  • commissioner: The Commissioner of Insurance. See Alabama Code 45-41-84
  • commissioner: The Commissioner of Insurance of this state. See Alabama Code 41-7A-40
  • commissioner: The Commissioner of the Department of Insurance. See Alabama Code 41-9-63
  • commissioner: The Commissioner of the State of Alabama, Department of Human Resources. See Alabama Code 45-37-21.08
  • committee: The Jefferson County Community Service Committee authorized in Section 45-37-249. See Alabama Code 45-37-249.02
  • commodity: Any goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, without limitation, all services offered or provided or work performed or offered to be performed as an occupation or business to consumers and food, water, ice, chemicals, petroleum products, and lumber necessary for consumption or use as a direct result of the emergency. See Alabama Code 41-4-390
  • 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.
  • COMMUNITY-BASED ORGANIZATION: Any group, whether incorporated or unincorporated, affiliated with or organized for the benefit of one or more communities or neighborhoods containing an alleged drug-related nuisance, or any group organized to improve the quality of life in a residential area containing the alleged drug-related nuisance. See Alabama Code 45-8A-22.61
  • Company action level RBC: means , with respect to any insurer, the product of 2. See Alabama Code 45-39A-13.08
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • CONCENTRATION YARD: A place where logs, pulpwood, or inwoods pulpwood chips severed in Alabama are brought or received within the State of Alabama in a green or rough form or condition for resale to processors or manufacturers or for shipment out of state. See Alabama Code 40-7-70
  • CONCISE LEGAL DESCRIPTION: A reasonably concise description of a particular geographic area which may be by metes and bounds or by reference to government surveys, recorded maps and plats, municipal, county, or state boundary lines, well-defined landmarks and other monuments, or any combination of the foregoing. See Alabama Code 45-38-141
  • consent: Voluntarily agreeing to adoption. See Alabama Code 45-37-162.06
  • consumer: An actual or prospective purchaser, lessee, or recipient of consumer goods or services. See Alabama Code 40-12-253
  • consumer: The purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty. See Alabama Code 40-17-35
  • consumer: An individual who leases personal property under a rental-purchase agreement. See Alabama Code 40-23-26
  • consumer: A natural person residing in this state. See Alabama Code 41-9-140
  • consumer: Any natural person who buys goods or services for personal, family or household use. See Alabama Code 40-7-100
  • CONSUMER CREDIT REPORT: A consumer report, as defined in 15 U. See Alabama Code 41-9-140
  • CONSUMER CREDIT REPORTING AGENCY: Any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties. See Alabama Code 41-9-140
  • CONSUMER GOODS OR SERVICES: Any real property or any tangible or intangible personal property which is normally used for personal, family, or household purposes including, without limitation, any property intended to be attached to or installed in any real property, without regard to whether it is so attached or installed, as well as cemetery lots, timeshare estates and licenses, and any services related to the property. See Alabama Code 40-12-253
  • contemporaneous: Occurring at the same time as a surface mining operation and in conjunction with the grading activities at the site. See Alabama Code 40-23-1
  • contiguous: In actual contact, touching, as contrasted with being near but not in contact. See Alabama Code 40-23-1
  • 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
  • control: shall be construed consistently with the provisions of Section 2(a)(2) of the Bank Holding Company Act (12 U. See Alabama Code 45-8-82.22
  • CONTROL ZONE: An area of potential or actual infestation or infection, the boundaries of which are fixed and clearly described in a manner definitely identifying the zone. See Alabama Code 40-12-243
  • CONTROLLED INSURER: A licensed insurer who is controlled, directly or indirectly, by a producer. See Alabama Code 45-41-84
  • CONTROLLING PERSON: Any person, firm, association, or corporation who directly or indirectly has the power to direct or cause to be directed, the management, control, or activities of the reinsurance intermediary. See Alabama Code 45-40-244
  • CONTROLLING PERSON: Any of the following:

    a. See Alabama Code 45-37-91.05

  • CONTROLLING PRODUCER: A producer who, directly or indirectly, controls an insurer. See Alabama Code 45-41-84
  • CONVERTED ENTITY: An entity resulting from a conversion. See Alabama Code 45-26-231.06
  • CONVERTING ENTITY: An entity as the entity existed before the entity's conversion. See Alabama Code 45-26-231.06
  • conveyance: Any elevator, dumbwaiter, escalator, moving sidewalk, platform lifts, stairway chairlifts, and automated people movers. See Alabama Code 45-37-60.10
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 32-6-15
  • cooperative: Includes an employee cooperative as defined in Chapter 11. See Alabama Code 45-26-231.06
  • corporation: The term includes associations, joint stock companies, and any other entity classified as an association taxable as a corporation for federal income tax purposes. See Alabama Code 40-18-1
  • CORPORATION: Any public corporation which may be organized pursuant to any law now in force or hereafter enacted for the purpose of acquiring title to and completing the construction and equipment of the coliseum and the necessary facilities in connection therewith. See Alabama Code 45-37A-50.01
  • corporation: The public corporation authorized to be created by this article. See Alabama Code 45-37A-50.06
  • corporation: Includes a domestic or foreign business corporation as defined in Chapter 2, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 45-26-231.06
  • CORRECTIVE ORDER: An order issued by the commissioner specifying corrective actions which the commissioner has determined are required. See Alabama Code 45-39A-13.08
  • council: The Alabama Propane Education and Research Council created pursuant to Section 9-17-175. See Alabama Code 41-9-242
  • county: Jackson County. See Alabama Code 45-36-252
  • county: Any county to which this part applies. See Alabama Code 45-37-91.01
  • county: A county within the population class prescribed by this part. See Alabama Code 45-37-121
  • county: Jefferson County, Alabama. See Alabama Code 45-37-249.02
  • county: Lamar County. See Alabama Code 45-38-141
  • county: Lauderdale County, Alabama. See Alabama Code 45-39-221
  • county: Lee County, Alabama. See Alabama Code 45-41-141
  • COUNTY COMMISSION: The Jefferson County Commission. See Alabama Code 45-37-249.02
  • COUNTY LODGING TAX: That certain tax levied pursuant to Part 5, commencing with Section 45-39-244, of Article 24 of this chapter. See Alabama Code 45-39-221
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 45-26-231.06
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • COVERED EMPLOYEE: An individual having a relationship with a professional employer organization and a client who meets all of the following criteria:

    a. See Alabama Code 45-37-91.05

  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • 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
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • CURRENT NET PRICE: The dealer's price as listed in the supplier's effective price list and/or catalog. See Alabama Code 40-17-45
  • CUSTODIAN OF RECORDS: The person within the Department of Labor authorized to maintain the data collected under this chapter, including, but not limited to, all employment hiring data entered into the State Directory of New Hires, wage information, and unemployment claim and compensation information. See Alabama Code 45-37-21.08
  • customer: Any person who causes a molder to make a form or to use a form to make a product. See Alabama Code 41-4-154
  • day: When used in the computation of time excludes the first day and includes the last day of the period so computed, unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. See Alabama Code 45-26-231.06
  • dealer: Any person engaged in the business of buying livestock as a dealer as defined in Section 2-15-131(5). See Alabama Code 45-5-100
  • dealer: Any person, firm, corporation, or business engaged in the business of selling recreational vehicles to the general public and that maintains a permanent business establishment including a service and repair facility which offers mechanical services for the recreational vehicles it sells. See Alabama Code 40-17-120
  • dealer: Any person, corporation, or partnership that engages in the business of purchasing precious items for the purpose of reselling such items in any form. See Alabama Code 41-9-80
  • 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
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • defense: Any affirmative defense under Rule 8(c), Alabama Rules of Civil Procedure, filed in any action at law or in equity. See Alabama Code 45-39-200.08
  • Defense attorney: Represent defendants in criminal matters.
  • DELINQUENT ACT: An act committed by a child that is designated a violation, misdemeanor, or felony offense pursuant to the law of the municipality, county, or state in which the act was committed or pursuant to federal law. See Alabama Code 45-36-248
  • DELINQUENT CHILD: A child who has been adjudicated for a delinquent act and is in need of care or rehabilitation. See Alabama Code 45-36-248
  • department: The Department of Revenue of the State of Alabama. See Alabama Code 40-7-70
  • department: The Department of Agriculture and Industries of the State of Alabama. See Alabama Code 45-4-82.02
  • department: The Alabama Department of Public Health. See Alabama Code 45-40-161
  • department: The Department of Agriculture and Industries. See Alabama Code 40-12-291
  • department: The Department of Industrial Relations of the State of Alabama or any department, bureau, or commission as may lawfully succeed to the powers and duties of the department relating to mining operations. See Alabama Code 40-23-1
  • department: The Department of Insurance. See Alabama Code 41-9-63
  • department: The State of Alabama, Department of Industrial Relations. See Alabama Code 45-37-21.08
  • department: The Department of Labor. See Alabama Code 45-37-40.05
  • department: The Alabama Department of labor. See Alabama Code 45-37-91.05
  • department: The Alabama State Law Enforcement Agency. See Alabama Code 45-39-70
  • 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.
  • depository institution: means any institution that is included for any purpose within the definitions of "insured depository institution" as set forth in Sections 3(c)(2) and 3(c)(3) of the Federal Deposit Insurance Act (12 U. See Alabama Code 45-8-82.22
  • DESIGNATED MEMBER: The spouse, child, grandchild, parent, brother, or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler; or any person who inherits the ownership interest of the deceased individual in the wholesaler under the terms of the will of the deceased individual, or under the laws of intestate succession of this state; or any person who or entity which has otherwise by designation in writing by the deceased individual, succeeded the deceased individual in the business of the wholesaler, or has succeeded to the ownership interest of the deceased individual in the wholesaler pursuant to a written contract or instrument; and also includes the appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler. See Alabama Code 45-37-21.03
  • detention: The temporary placement of children alleged or adjudicated to be delinquent in secure custody as defined herein pending juvenile court disposition or transfer to a residential facility for further care of a child adjudicated delinquent. See Alabama Code 45-36-248
  • DIRECT SEEDING: The planting of seeds by hand sowing, machine sowing, or aerial seeding. See Alabama Code 40-23-1
  • director: Director of the department or officer, bureau, or commission as may lawfully succeed to the powers and duties of the director. See Alabama Code 40-23-1
  • director: A member of the Board of Directors of the Jackson County Water Authority. See Alabama Code 45-36-252
  • director: The Director of the Technical Staff of the state Building Commission. See Alabama Code 41-9-170
  • director: A member of the Board of Directors of the Lamar County Water Coordinating and Fire Prevention Authority. See Alabama Code 45-38-141
  • director: A member of the board. See Alabama Code 45-39-221
  • 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
  • dispense: To sell, distribute, administer, leave with, give away, dispose of, deliver, or supply a drug or medicine to the ultimate user or the user's agent. See Alabama Code 45-39-221.09
  • DISPLAY FOR SALE: To expose, place, exhibit, show, or in any fashion display any material for the purpose of the sale of such material to any person in a manner that a minor can physically examine or see the material. See Alabama Code 13A-12-200.1
  • DISQUALIFIED PERSON: Any person who is not a qualified person. See Alabama Code 45-3A-30.02
  • DISSEMINATE PUBLICLY: To expose, place, perform, exhibit, show or in any fashion display, in any location, public or private, any material in a manner that the material can either be readily seen and its content or character distinguished by normal unaided vision or be physically examined, by viewing or examining the material from any public place or any place to which members of the general public are invited. See Alabama Code 13A-12-200.1
  • DISTRESS MERCHANDISE SALE: Any offer to sell to the public or a sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is being held other than in the ordinary course of business and not otherwise defined herein. See Alabama Code 37-8-182
  • distress merchandise sales: shall include , but not be limited to, any sale advertised either specifically or in substance to be any one of the following:

    a. See Alabama Code 37-8-182

  • distribute: To import, export, sell, rent, lend, transfer possession of or title to, display, exhibit, show, present, provide, broadcast, transmit, retransmit, communicate by telephone, play, orally communicate or perform. See Alabama Code 13A-12-200.1
  • 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
  • distribution: A transfer of property, including cash, from an entity to an owner or member of the entity in the owner's or member's capacity as an owner or member. See Alabama Code 45-26-231.06
  • distributor: Any person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers. See Alabama Code 40-17-120
  • distributor: Any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing. See Alabama Code 40-7-93
  • 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
  • division: The Consumer Division of the Office of the Attorney General. See Alabama Code 40-12-253
  • Docket: A log containing brief entries of court proceedings.
  • DOING BUSINESS IN THIS STATE: Businesses conducting telephonic sales calls from a location in Alabama or from other states or nations to consumers located in Alabama. See Alabama Code 40-12-253
  • 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 ENTITY: An organization formed and existing under this title. See Alabama Code 45-26-231.06
  • DOMESTIC INSURER: Any insurer domiciled in this state. See Alabama Code 45-39A-13.08
  • DOMESTIC PROFESSIONAL CORPORATION: A corporation for profit or nonprofit organized pursuant to the provisions of this chapter. See Alabama Code 45-3A-30.02
  • 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
  • Donor: The person who makes a gift.
  • Dower: A widow
  • drug: All medicines and preparations recognized in the United States pharmacopoeia or national formulary for internal or external use and any substance or mixture of substances to be used for the cure, mitigation, or prevention of disease in man or domestic animals. See Alabama Code 20-1-20
  • drug: Includes all of the following:

    a. See Alabama Code 45-41-83.01

  • during: The term as used in Section 13A-5-40(a) means in the course of or in connection with the commission of, or in immediate flight from the commission of the underlying felony or attempt thereof. See Alabama Code 45-39A-13.12
  • 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

  • education: Any action to provide information regarding propane and the use of propane to consumers and members of the propane gas industry. See Alabama Code 41-9-242
  • EFFECTIVE DATE OF THIS TITLE: January 1, 2011. See Alabama Code 45-26-231.06
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 45-26-231.06
  • 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
  • elevator: An installation as defined as an elevator in ASME A17. See Alabama Code 45-37-60.10
  • ELEVATOR CONTRACTOR: Any sole proprietor, firm, or corporation who possesses an elevator contractor's license in accordance with Sections 25-13-7 and 25-13-8 and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyances covered by this chapter. See Alabama Code 45-37-60.10
  • ELEVATOR INSPECTOR: Any person who possesses an elevator inspector's license in accordance with this chapter. See Alabama Code 45-37-60.10
  • ELEVATOR MECHANIC: Any person who possesses an elevator mechanic's license in accordance with Sections 25-13-7 and 25-13-8 and who is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyances covered by this chapter. See Alabama Code 45-37-60.10
  • ELIGIBLE INVESTMENTS: (i) Any time deposit with, or any certificate of deposit issued by, any bank, savings bank or savings and loan association which is organized under the laws of the United States of America that may succeed to the functions of such corporation; (ii) any debt securities that are direct, general obligations of the United States of America; (iii) any debt securities payment of the principal of and interest on which is unconditionally guaranteed by the United States of America; (iv) any debt securities (including participation certificates) that are direct, general obligations of any of the following agencies of the United States of America: the Export-Import Bank of the United States, the Federal Farm Credit Bank, the Federal Land Banks, the Federal Immediate Credit Banks, the Banks for Cooperatives, the Federal Home Loan Banks (including any joint obligations of any two or more of the foregoing agencies), the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the Federal National Mortgage Association, the Farmers Home Administration, or any other agency or instrumentality of the United States of America; (v) any repurchase obligations of any bank, savings bank or savings and loan association which is a member of the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation (or any department, agency or instrumentality of the United States of America that shall succeed to the functions of such federal corporation), which repurchase obligations are at least 100 percent secured by any one or more classes of eligible investments described in (i) through (iv), inclusive, above; (vi) any security or interest therein, whether secured or unsecured, in which an insurance company or a savings and loan association organized under the laws of the state may legally invest its own moneys at the time of investment therein by the corporation; (vii) shares of any money market fund registered and regulated under the Federal Investment Company Act of 1940, as amended, as a no-load, open-end management investment company, the portfolio assets of which consist solely of cash and eligible investments and repurchase agreements fully secured by any one or more classes of eligible investments; and (viii) any debt obligation, debt instrument or deposit obligation in which trustees are legally permitted to invest under the laws of the state at the time of investment therein by the corporation. See Alabama Code 45-37A-50.06
  • 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
  • employer: The State of Alabama or any department, agency, or local governing body by which a judge or clerk is paid. See Alabama Code 45-38-243.05
  • employer: A person or entity, including a state or local government entity or labor organization, who employs an individual to perform a service for hire and pays wages directly to the individual. See Alabama Code 45-37-21.08
  • EMPLOYMENT SECURITY RECORDS: Information maintained by the Department of Labor's Employment Service Division and Unemployment Compensation Division relating to an individual's search for employment and unemployment benefits. See Alabama Code 45-37-21.08
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • ENFORCING AUTHORITY: The division or the office of the district attorney if a violation of this chapter occurs in or affects the judicial circuit under the jurisdiction of the office of the district attorney. See Alabama Code 40-12-253
  • enrollee: An individual who has contracted for or who participates in coverage under an insurance policy, a health maintenance organization contract, a health service corporation contract, an employee welfare benefit plan, a hospital or medical services plan, or any other benefit program providing payment, reimbursement, or indemnification for health care costs for the individual or the eligible dependents of the individual. See Alabama Code 45-40-161
  • 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
  • entity: A domestic entity or foreign entity. See Alabama Code 45-26-231.06
  • equipment: Machines designed for or adapted and used for agriculture, horticulture, irrigation for agriculture or horticulture, livestock, grazing, lawn and garden, and/or light industrial purposes. See Alabama Code 40-17-45
  • EQUIVALENT VALUE: The fair market value of the gift on the date the gift is given as the prize in a bingo game. See Alabama Code 45-42-150
  • escalator: An installation as defined as an escalator in ASME A17. See Alabama Code 45-37-60.10
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Ex officio: Literally, by virtue of one's office.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executrix: The female counterpart of an executor. See also
  • exhibitor: Any person engaged in the business of operating one or more theatres. See Alabama Code 40-7-93
  • EXISTING SCHOOL WARRANTS: Collectively, the following limited obligation warrants issued by the county for the benefit of public schools in the county: a. See Alabama Code 45-37-249.02
  • 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
  • export: To transport, deliver or cause to be transported or delivered to any person or place for the purpose of transportation from any place in this state to any place outside this state. See Alabama Code 40-12-291
  • EXPRESS WARRANTY: A written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty. See Alabama Code 40-17-35
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. 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
  • FAMILY MEMBER: A spouse or a child, grandchild, parent, sibling, niece, or nephew, or the spouse thereof. See Alabama Code 40-17-120
  • father: A male person who is the biological father of the minor or is treated by law as the father. See Alabama Code 45-37-162.06
  • father: The biological father of the human fetus. See Alabama Code 45-39-200.01
  • federal agency: means an agency of a foreign bank that is licensed by the Comptroller of the Currency pursuant to the provisions of Section 4 of the Federal International Banking Act (12 U. See Alabama Code 45-8-82.22
  • federal branch: means a branch of a foreign bank that is licensed by the Comptroller of the Currency pursuant to the provisions of Section 4 of the federal International Banking Act (12 U. See Alabama Code 45-8-82.22
  • Federal Deposit Insurance Act: means the Federal Deposit Insurance Act, as amended (12 U. See Alabama Code 45-8-82.22
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • federal International Banking Act: means the federal International Banking Act of 1978, as amended (12 U. See Alabama Code 45-8-82.22
  • 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
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • FILING ENTITY: A domestic entity that is a corporation, limited partnership, including a limited liability partnership, limited liability company, professional association, employee cooperative corporation, or real estate investment trust. See Alabama Code 45-26-231.06
  • FILING INSTRUMENT: An instrument, document, or statement that is required or authorized by this title to be filed by or for an entity with the filing officer in accordance with Article 4. See Alabama Code 45-26-231.06
  • FILING OFFICER: The officer with whom a filing instrument is required or permitted to be filed under Article 4 or under any other provision of this title. See Alabama Code 45-26-231.06
  • FINAL DISPOSITION: The burial, interment, cremation, or other legal disposition of the bodily remains of a deceased unborn infant. See Alabama Code 45-39-234
  • 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
  • FINANCIAL RIGHTS: Rights to a. See Alabama Code 45-4-11
  • fine: The monetary amount assessed by the City of Center Point pursuant to the ordinance authorized by this article for a determination of civil liability for a traffic signal violation, stop sign violation, or speeding violation, which may include administrative hearing costs associated with the infraction. See Alabama Code 45-37A-100.02
  • fine: The monetary amount assessed by the City of Bessemer pursuant to the ordinance authorized by this part for a determination of civil liability for a traffic signal violation, stop sign violation, or speeding violation, which may include administrative hearing costs associated with the infraction. See Alabama Code 45-37A-42.02
  • FIRE PROTECTION CORPORATION: Any public corporation, district, or authority that is:

    a. See Alabama Code 45-41-141

  • FIRE PROTECTION SERVICE: All services involved in protecting property and life from fires, including, but not limited to, discovering, ascertaining, extinguishing, preventing the spread of or fighting fires, or inspecting property for fire hazards, or any part or combination thereof. See Alabama Code 45-38-141
  • firearm: A weapon from which a shot is discharged by gunpowder. See Alabama Code 45-41-170
  • florence: The City of Florence, Alabama. See Alabama Code 45-39-221
  • food: All articles of food, drink, confectionery, or condiment, whether simple, mixed, or compound, used or intended for use by man or domestic animals. See Alabama Code 20-1-20
  • FOOD STAMP OVERISSUANCE: The receipt by an individual of food stamp benefits in excess of the amount the individual is entitled to receive, as authorized under the Federal Food Stamp Act of 1977. See Alabama Code 45-37-21.08
  • FOR ANY THING OF PECUNIARY VALUE: In exchange for, in return for, or for any consideration consisting of, whether wholly or partly:

    a. See Alabama Code 13A-12-200.1

  • 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
  • foreign bank: means any company organized under the laws of a foreign country, a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, that engages directly in the business of banking. See Alabama Code 45-8-82.22
  • Foreign corporation: means a business corporation incorporated under a law other than the law of this state. See Alabama Code 45-28A-42.07
  • foreign corporation: as used in this division , shall mean:

    (1) Any bank or other corporation now or hereafter organized or existing under the laws of any state of the United States other than the State of Alabama; and

    (2) Any national banking association or other corporation organized under the laws of the United States having its principal place of business in any state of the United States other than Alabama. See Alabama Code 45-31-80

  • FOREIGN ENTITY: An organization formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 45-26-231.06
  • FOREIGN FILING ENTITY: A foreign entity that registers or is required to register as a foreign entity under Article 7. See Alabama Code 45-26-231.06
  • FOREIGN INSURER: Any insurer which is licensed to do business in this state but not domiciled in this state. See Alabama Code 45-39A-13.08
  • FOREIGN LIMITED LIABILITY COMPANY: An organization formed under the laws of any jurisdiction other than Alabama that is substantially similar to a limited liability company. See Alabama Code 45-4-11
  • FOREIGN LIMITED LIABILITY PARTNERSHIP: A foreign limited liability partnership as defined in Chapter 8A. See Alabama Code 45-26-231.06
  • FOREIGN LIMITED PARTNERSHIP: A foreign limited partnership as defined in Chapter 9A. See Alabama Code 45-26-231.06
  • FOREIGN NONPROFIT CORPORATION: A nonprofit corporation organized under laws other than the laws of Alabama. See Alabama Code 45-3-60
  • FOREIGN PROFESSIONAL CORPORATION: A corporation or unincorporated association, for profit or nonprofit, organized for the purpose of rendering professional services under a law other than the law of Alabama. See Alabama Code 45-3A-30.02
  • FOREST LAND: Any land which supports a forest growth or which is being used or reserved for any forest purpose and is classified as Class III forest property in Section 40-8-1(b)(1), but excludes land within the city limits of any incorporated municipality. See Alabama Code 40-12-253
  • FOREST PRODUCTS: Logs, pulpwood, poles, pilings, inwoods pulpwood chips, and stumpwood (tarwood). See Alabama Code 40-7-70
  • FOREST TREES: Only those trees which are a part of and constitute a stand of potential, immature or mature commercial timber trees; provided, however, that such term shall be deemed to include shade trees of any species around houses, along highways and within cities and towns if the same constitute an insect or disease menace to nearby timber trees or timber stands. See Alabama Code 40-12-243
  • forestland: Land on which forest trees occur. See Alabama Code 40-12-243
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • form: An object in or around which material is placed to make a mold for pouring plastic or casting metal, and includes a mold, die or pattern. See Alabama Code 41-4-154
  • FRATERNAL BENEFIT SOCIETY: Any insurer licensed under Chapter 34. See Alabama Code 45-39A-13.08
  • fund: The Judicial Retirement Fund provided for in this chapter. See Alabama Code 45-38-243.05
  • 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
  • GENERAL PARTNERSHIP: A partnership as defined in Chapter 8A. See Alabama Code 45-26-231.06
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • ginseng: The plant Panax quinquefolius L. See Alabama Code 40-12-291
  • GINSENG DEALER: Any person who collects or purchases ginseng for the purpose of reselling, selling, manufacturing or exporting same. See Alabama Code 40-12-291
  • GOING OUT OF BUSINESS SALE: Any offer to sell to the public or a sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business. See Alabama Code 37-8-182
  • going out of business sales: shall include , but not be limited to, any sale advertised either specifically or in substance to be any one of the following:

    a. See Alabama Code 37-8-182

  • GOOD CAUSE: Failure of the dealer to substantially comply with requirements of the dealer agreement, provided such requirements are not different from, nor enforced differently than those requirements imposed on other similarly situated dealers. See Alabama Code 40-17-45
  • GOOD FAITH: Honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under the Uniform Commercial Code, Section 7-2-103. See Alabama Code 45-37-21.03
  • goods: Includes but is not limited to any property, tangible or intangible, real, personal, or any combination thereof, and any franchise, license, distributorship, or other similar right, privilege, or interest. See Alabama Code 40-7-100
  • GOVERNANCE RIGHTS: All a member's rights as a member of a limited liability company except financial rights, including without limitation, the rights to participate in the management of the limited liability company and to bind the limited liability company as provided in Section 10A-5-3. See Alabama Code 45-4-11
  • GOVERNING AUTHORITY: A person or group of persons who are entitled to manage and direct the affairs of an entity under 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 45-26-231.06
  • GOVERNING BODY: With respect to the county, its county commission, and, with respect to a municipality, its city or town council, board of commissioners, or other like governing body. See Alabama Code 45-39-221
  • GOVERNING PERSON: A person serving as part of the governing authority of an entity. See Alabama Code 45-26-231.06
  • GOVERNMENT SECURITIES: Any bonds or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United States of America, including obligations of any federal agency to the extent such obligations are unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in such obligations of, or unconditionally guaranteed by, the United States of America or in specified portions thereof, which may consist of the principal thereof or the interest thereon. See Alabama Code 45-37-232.20
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • 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: Any person acting as a fiduciary for a ward and includes a conservator appointed under Alabama Uniform Guardianship and Protective Proceedings Act. See Alabama Code 45-37-121.25
  • GUARDIAN AD LITEM: A licensed attorney appointed by a juvenile court to protect the best interests of an individual without being bound by the expressed wishes of that individual. See Alabama Code 45-36-248
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • HARMFUL TO MINORS: The term means:

    a. See Alabama Code 13A-12-200.1

  • HEALTH ORGANIZATION: Any health care service plan, health maintenance organization, limited health service organization, dental services corporation, or other managed care organization licensed under this title. See Alabama Code 45-39A-13.08
  • 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.
  • hotel: Any public inn or lodging house of 15 or more bedrooms, in which transient guests are lodged for pay. See Alabama Code 41-9-160
  • IMPROPER MEANS: "Improper means" are means such as:

    a. See Alabama Code 41-4-149

  • 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
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • INCIDENTAL COSTS: Expenses specified in the warranty incurred by the warranty holder related to the failure of the vehicle protection product to perform as provided in the warranty. See Alabama Code 41-9-63
  • incorporators: The persons forming a public corporation organized pursuant to this part. See Alabama Code 45-38-141
  • 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
  • individual: A single human being but does not mean a firm, association of individuals, corporation, partnership, joint venture, sole proprietorship, or any other entity. See Alabama Code 40-12-253
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 45-26-231.06
  • INFANT FORMULA: A food which purports to be or is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute for human milk. See Alabama Code 20-1-20
  • infestation: Infestation by means of any insect which is dangerously injurious to forest trees; such term shall mean infection by any disease affecting forest trees which is dangerously injurious to same. See Alabama Code 40-12-243
  • 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

  • insolvent: A person who is unable to pay the person's debts as they become due in the usual course of business or affairs. See Alabama Code 45-26-231.06
  • inspector: Any authorized employee of the department under the direction of the director. See Alabama Code 40-23-1
  • insurer: As defined in Section 27-1-2, including, without limitation, any fraternal benefit society and any health organization. See Alabama Code 45-39A-13.08
  • insurer: Any person, firm, association, or corporation duly licensed in this state pursuant to the applicable provisions of the insurance law as an insurer. See Alabama Code 45-40-244
  • insurer: A person defined in subdivisions (2) and (3) of Section 27-1-2. See Alabama Code 45-41-83.16
  • INTAKE OFFICER: A juvenile probation officer or an employee of the judicial branch of government, who is neutral and detached from executive and legislative branch activities, designated by the juvenile court judge to initiate original delinquency, dependency, and child in need of supervision cases, as well as cases designated in Section 12-15-132 before the juvenile court. See Alabama Code 45-36-248
  • Inter vivos: Transfer of property from one living person to another living person.
  • INTERACTIVE COMPUTER SERVICE: Any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and the systems operated or services offered by libraries or educational institutions. See Alabama Code 45-39-250
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • internet: The international computer network of both federal and non-federal interoperable packet switched data networks. See Alabama Code 45-39-250
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Interstate Banking and Branching Efficiency Act: means the federal Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, Public Law No. See Alabama Code 45-8-82.22
  • interstate branch: means a branch of a bank or a branch of a foreign bank, as the context may require, which is, or is to be, established after September 29, 1994, pursuant to the authority contained in the Interstate Banking and Branching Efficiency Act, outside the home state of the bank or foreign bank. See Alabama Code 45-8-82.22
  • Intestate: Dying without leaving a will.
  • inventory: Tractors, farm implements, machinery, equipment, lawn and garden tractors and equipment, light industrial tractors and equipment, and repair parts held by the dealer. See Alabama Code 40-17-45
  • inventory: A list of and the wholesale cost of goods, wares, and merchandise. See Alabama Code 37-8-182
  • INVITATION TO BID: A written or oral solicitation or invitation by a distributor to one or more exhibitors to bid for the right to exhibit a motion picture. See Alabama Code 40-7-93
  • JEFFERSON COUNTY LEGISLATIVE DELEGATION: The elected members of the House of Representatives and the Senate from districts wholly or partially within the county. See Alabama Code 45-37-249.02
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • JUDGE OF PROBATE: The judge of probate of the county in which a domestic entity's certificate of formation is filed, or, with respect to a statement of authority under Chapter 8A, which is to be filed in the real property records of a particular county, the judge of probate of the county in which that statement is filed. See Alabama Code 45-26-231.06
  • JUDGE OR CLERK: Any justice of the Supreme Court, judge of the Court of Civil Appeals, judge of the Court of Criminal Appeals, circuit judge, district judge, probate judge, or circuit clerk who is not a member of the Judicial Retirement Fund or Clerks' and Registers' Supernumerary Fund on November 7, 2016 and who is first elected or appointed to his or her position on or after November 8, 2016. See Alabama Code 45-38-243.05
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • JUDICIAL OFFICER: Any supreme court, appellate court, circuit court, district court, or municipal court judge or any magistrate of any court in this state. See Alabama Code 15-13-101
  • 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
  • Juror: A person who is on the jury.
  • Jury instructions: A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Source: U.S. Courts
  • JUVENILE COURT: The juvenile or family court division of the circuit or district court having jurisdiction over matters as provided by this chapter. See Alabama Code 45-36-248
  • JUVENILE DETENTION FACILITY: Any facility owned or operated by the state, any county, or other legal entity licensed by and contracted with the Department of Youth Services for the detention of children. See Alabama Code 45-36-248
  • knowingly: The term means knowingly, as defined by Section 13A-2-2(2), doing an act involving a material when the person knows the nature of the material. See Alabama Code 13A-12-200.1
  • label: A display of written, printed, or graphic matter upon the immediate container of any article. See Alabama Code 20-1-20
  • 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
  • LARGEST CITY: That city of the county having the largest population according to the last or any subsequent federal census. See Alabama Code 45-37-91.01
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 45-26-231.06
  • LAW ENFORCEMENT OFFICER: Any person, however denominated, who is authorized by law to exercise the police powers of the state, a county, or local governments. See Alabama Code 45-36-248
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • LEASE AGREEMENT: Any agreement of lease covering all or any part of the properties comprising the Alabama Agricultural Center, including the coliseum and any facilities necessary in connection therewith, which may be made between the board and the corporation pursuant to the provisions of this article. See Alabama Code 45-37A-50.01
  • Legacy: A gift of property made by will.
  • LEGAL CUSTODIAN: A parent, person, agency, or department to whom legal custody of a child under the jurisdiction of the juvenile court pursuant to this chapter has been awarded by order of the juvenile court or other court of competent jurisdiction. See Alabama Code 45-36-248
  • LEGAL CUSTODY: A legal status created by order of the juvenile court which vests in a legal custodian the right to have physical custody of a child under the jurisdiction of the juvenile court pursuant to this chapter and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, clothing, education, and medical care, all subject to the powers, rights, duties, and responsibilities of the legal guardian of the person of the child and subject to any residual parental rights and responsibilities. See Alabama Code 45-36-248
  • LEGAL GUARDIAN: A person who has been appointed by a probate court pursuant to the Alabama Uniform Guardianship and Protective Proceedings Act, Chapter 2A (commencing with Section 26-2A-1) of Title 26 to be a guardian of a person under 19 years of age who has not otherwise had the disabilities of minority removed. See Alabama Code 45-36-248
  • Legatee: A beneficiary of a decedent
  • legislature: The Legislature of the state. See Alabama Code 45-39-221
  • LEMON LAW RIGHTS PERIOD: The period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever first occurs. See Alabama Code 40-17-35
  • lessee: Any person who leases land for a period over five years for the purpose of producing or causing to be produced, for market, forest or timber products. See Alabama Code 40-12-253
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: A written license, duly issued by the administrator, authorizing a sole proprietor, firm, or company to carry on the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining or performing inspections of elevators or related conveyances covered by this chapter. See Alabama Code 45-37-60.10
  • license: A license, certificate of registration, or other legal authorization. See Alabama Code 45-26-231.06
  • LICENSE AGREEMENT: Any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor. See Alabama Code 40-7-93
  • 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
  • LICENSED CHILD PLACING AGENCY: Any adoption agency that is licensed under the provisions of the Alabama Child Care Act of 1971 or any adoption agency approved by the Department of Human Resources. See Alabama Code 45-37-162.06
  • LICENSED PRODUCER: An insurance producer or reinsurance intermediary licensed pursuant to the applicable provision of the insurance law. See Alabama Code 45-40-244
  • licensee: An elevator mechanic, elevator contractor, or elevator inspector. See Alabama Code 45-37-60.10
  • LICENSING AUTHORITY: As defined in Section 10A-1-1. See Alabama Code 45-3A-30.02
  • LICENSING AUTHORITY: The state court, state regulatory licensing board, or other like agency which has the power to issue a license or other legal authorization to render professional services. See Alabama Code 45-26-231.06
  • 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
  • LIFE OR HEALTH INSURER: Any insurer licensed to do business in this state and authorized to transact life and/or disability insurance, including a property and casualty insurer writing only disability insurance, but shall not include fraternal benefit societies, health care service corporations, dental service organizations, health maintenance organizations, dental plan organizations, or mutual aid associations. See Alabama Code 45-39A-13.08
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 45-26-231.06
  • LIMITED LIABILITY LIMITED PARTNERSHIP: A limited liability limited partnership as defined in Chapter 9A. See Alabama Code 45-26-231.06
  • LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 45-26-231.06
  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 45-26-231.06
  • LINE-MAKE: A specific series of recreational vehicle products that meets all of the following specifications:

    a. See Alabama Code 40-17-120

  • Lineal descendant: Direct descendant of the same ancestors.
  • LIQUEFIED PETROLEUM GAS: Any material having vapor pressure not exceeding that allowed for commercial propane composed predominantly of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butanes (normal butane or isobutane), and butylenes. See Alabama Code 41-9-63
  • LIQUEFIED PETROLEUM GAS RESEARCH AND EDUCATION FUND: A fund created to finance activities relating to research, development, and the implementation of marketing, advertising, and informational programs relating to LP-gas directed toward the consumer as well as for the education of industrial members and employees. See Alabama Code 41-9-63
  • LIQUEFIED PETROLEUM GAS SYSTEM: Any assembly consisting of one or more containers with a means for conveying LP-gas from the container(s) to dispensing or consuming devices (either continuously or intermittently) and which incorporates components intended to achieve control of quality, flow, pressure, or state (either liquid or vapor). See Alabama Code 41-9-63
  • livestock: Cattle, swine, sheep, goats, equine or equidae, ratites, and poultry. See Alabama Code 45-4-82.02
  • LIVESTOCK MARKET: A place, concentration or collection point, or other public or private place where a person shall assemble livestock for either public or private sale by him and such service or the cost or expense thereof is to be compensated for by the owner, on a commission basis or otherwise, or where such person purchases livestock for resale. See Alabama Code 45-4-82.02
  • LIVESTOCK MARKET: Any person engaged in the operation of a livestock market as defined in Section 2-15-60(6). See Alabama Code 45-5-100
  • livestock market: as used in this division shall mean livestock markets which are subject to the requirements of Division 1 of this article. See Alabama Code 45-5-171
  • LOCAL LAW ENFORCEMENT AGENCY: The chief of police for businesses located within the jurisdiction of a municipality and the county sheriff for businesses located outside the jurisdiction of a municipality. See Alabama Code 41-9-80
  • location: A single building, hall, enclosure, or outdoor area used for the purpose of playing bingo pursuant to a permit or license issued under this article. See Alabama Code 45-42-150
  • LP-GAS: Liquefied petroleum gas. See Alabama Code 41-9-63
  • MANAGERIAL OFFICIAL: An officer or a governing person. See Alabama Code 45-26-231.06
  • MANAGING GENERAL AGENT: Any person, firm, or association who does both of the following:

    a. See Alabama Code 45-41-83.16

  • Mandatory control level RBC: means the product of . See Alabama Code 45-39A-13.08
  • manufacturer: As applied to logs suitable for manufacture into lumber, plywood, veneer, or other solid wood product, the person who operates the sawmill or plant in which the products are manufactured; as applied to pulpwood, the person who operates the paper or pulp mill, oriented strand board mill, pellet mill, or other plant in which the products are manufactured; as applied to poles and pilings, the person who purchases from the producer; as applied to stumpwood, the person who operates the plant or retort in which the product is utilized. See Alabama Code 40-7-70
  • manufacturer: The person, firm, or corporation engaged in the business of manufacturing, importing and/or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale. See Alabama Code 40-17-35
  • manufacturer: Any person, firm, corporation, or business entity that engages in the manufacture of recreational vehicles. See Alabama Code 40-17-120
  • manufacturer: A person that is one of the following:

    a. See Alabama Code 41-7A-40

  • MANUFACTURER AND DEALER AGREEMENT: A written agreement or contract entered into between a manufacturer or a distributor and a dealer that fixes the rights and responsibilities of the parties and pursuant to which the dealer sells new recreational vehicles. See Alabama Code 40-17-120
  • MARKET FACILITY: Any facility for the inspection, grading, standardization, classification, refrigeration, dehydration, canning, packing, processing, cold storage and marketing of agricultural and kindred products permitted to be acquired and constructed by the Board of Agriculture and Industries pursuant to Section 2-3-20. See Alabama Code 45-37A-50.06
  • material: Any book, magazine, newspaper, printed or written matter, writing, description, picture, drawing, animation, photograph, motion picture, film, video tape, pictorial representation, depiction, image, electrical or electronic reproduction, broadcast, transmission, telephone communication, sound recording, article, device, equipment, matter, oral communication, live performance, or dance. See Alabama Code 13A-12-200.1
  • MATERIAL ALTERATION: An alteration as defined in the referenced standards. See Alabama Code 45-37-60.10
  • MEDICAL BOARD: The board of physicians provided for in Section 36-27-23. See Alabama Code 45-38-243.05
  • member: One having membership rights in a corporation in accordance with the provisions of its governing documents. See Alabama Code 45-3-60
  • member: A person reflected in the required records of a limited liability company as the owner of some governance rights of a membership interest in the limited liability company. See Alabama Code 45-4-11
  • member: Any judge or clerk included in membership of the plan. See Alabama Code 45-38-243.05
  • MEMBERSHIP SERVICE: Service as a judge or clerk on account of which contributions are made. See Alabama Code 45-38-243.05
  • merchandise: The personal property that is the subject of a rental-purchase agreement. See Alabama Code 40-23-26
  • merchant: A person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of merchandise under a rental-purchase agreement, and includes a person who is assigned an interest in a rental-purchase agreement. See Alabama Code 40-23-26
  • 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

  • minor: Any unmarried person under the age of 18 years. See Alabama Code 13A-12-200.1
  • minor: A person under the age of 19. See Alabama Code 45-41-81.03
  • minor: A person under the age of 19 or a person who is not an adult under the law in the jurisdiction where he or she resides. See Alabama Code 45-37-162.06
  • minor: An individual who is under the age of 19 years and who is not a child within the meaning of this chapter. See Alabama Code 45-36-248
  • misbranded: Such term shall apply to all drugs or foods or articles which enter into the composition of food, the package or label of which shall bear or contain any statement, design, or device regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular and to any food or drug product which is falsely branded as to the state, territory, or country in which it is manufactured or produced. See Alabama Code 20-1-20
  • MISSING SENIOR CITIZEN ALERT: A voluntary program entered into by the department and other local and state law enforcement agencies and the Alabama Association of Broadcasters and broadcasters licensed to serve in the state, which provides that if the department verifies that a senior citizen is missing or lost and in danger, a media alert is transmitted. See Alabama Code 45-39-70
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • molder: Any person who makes a form or who uses a form to make a product. See Alabama Code 41-4-154
  • 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.
  • mother: A female person who is the biological mother of the minor or is treated by law as the mother. See Alabama Code 45-37-162.06
  • mother: The female who is pregnant with a live human fetus which may be subject to a partial-birth abortion under this chapter. See Alabama Code 45-39-200.01
  • MOTOR VEHICLE: Every vehicle intended primarily for use and operation on the public highways which is self-propelled; provided, however, that the term "motor vehicle" shall not apply to motor homes or to any motor vehicle having a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more. See Alabama Code 40-17-35
  • MOVING PICTURE THEATRE: Any building in which moving pictures are featured regularly for charge of admission. See Alabama Code 41-9-160
  • municipal corporation: shall mean the Town of Loxley in Baldwin County. See Alabama Code 45-2A-80
  • municipality: An incorporated city or town of Jackson County. See Alabama Code 45-36-252
  • municipality: An incorporated city or town of Lamar County. See Alabama Code 45-38-141
  • municipality: Any incorporated municipality located wholly within the county. See Alabama Code 45-39-221
  • municipality: Any incorporated city or town in Lauderdale County. See Alabama Code 45-39-250
  • municipality: An incorporated city or town. See Alabama Code 45-41-141
  • naic: The National Association of Insurance Commissioners. See Alabama Code 45-39A-13.08
  • 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
  • NATIONAL DIRECTORY OF NEW HIRES: A directory maintained at the federal level to receive certain data and information from the states as required pursuant to Section 453(i)(1) of the Social Security Act and other federal statutes. See Alabama Code 45-37-21.08
  • NEGATIVE TREND: With respect to a life or health insurer or a fraternal benefit society, a negative trend over a period of time, as determined in accordance with the trend test calculation included in the RBC instructions. See Alabama Code 45-39A-13.08
  • NEW HIRE: An individual who is employed by a particular employer for the first time. See Alabama Code 45-37-21.08
  • NEW TERRITORY: Any territory added, by amendment to the certificate of incorporation of an authority, to the area or areas in which that authority is authorized to render water, garbage, or sewer service. See Alabama Code 45-36-252
  • NEW TERRITORY: Any territory added, by amendment to the certificate of incorporation of an authority, to the area or areas in which that authority is authorized to render water service, fire protection service, or any thereof. See Alabama Code 45-38-141
  • No true bill: A legal procedure to dismiss charges against a defendant when the grand jury does not find enough evidence to charge the defendant with violating a law. Also called a "no bill."
  • 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.
  • NONCONFORMING CONDITION: Any condition of a motor vehicle which shall not be in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which: (i) significantly impairs the use, value or safety of the motor vehicle and (ii) occurs or arises solely in the course of the ordinary use of the motor vehicle, and which does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after such motor vehicle was delivered by an authorized dealer to the consumer. See Alabama Code 40-17-35
  • NONFILING ENTITY: A domestic entity that is not a filing entity. See Alabama Code 45-26-231.06
  • NONPROFIT ASSOCIATION: An unincorporated nonprofit association as defined in Chapter 17. See Alabama Code 45-26-231.06
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 45-26-231.06
  • NONPROFIT CORPORATION: A nonprofit corporation no part of the income or profit of which is distributable to its members, directors, or officers. See Alabama Code 45-3-60
  • NONPROFIT ENTITY: An entity that is a nonprofit corporation, nonprofit association, or other entity that is organized solely for one or more nonprofit purposes. See Alabama Code 45-26-231.06
  • NORMAL BUSINESS HOURS: Any day between the hours of 8:00 A. See Alabama Code 41-9-140
  • NOTICE OF A NONCONFORMING CONDITION: A written statement which shall be delivered to the manufacturer and which shall describe the subject motor vehicle, the nonconforming condition, and shall describe all previous attempts to correct such nonconforming condition by identifying the person, firm or corporation who or which made such attempt, and the time when such attempt was made. See Alabama Code 40-17-35
  • oath: includes affirmation. See Alabama Code 30-3D-608
  • obscene: The term means that:

    a. See Alabama Code 13A-12-200.1

  • obtains: Such term means:

    a. See Alabama Code 45-41-170

  • ODORIZED PROPANE: Propane which has an odorant added to it. See Alabama Code 41-9-242
  • 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
  • OPERATING AGREEMENT: A written agreement of the member or members governing the affairs of a limited liability company and the conduct of its business. See Alabama Code 45-4-11
  • operator: Any person, firm, partnership, association, or corporation engaged in or controlling one or more surface mining operations. See Alabama Code 40-23-1
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • organization: A corporation, limited partnership, general partnership, limited liability company, business trust, real estate investment trust, joint venture, joint stock company, cooperative, association, bank, insurance company, credit union, savings and loan association, or other organization, regardless of whether the organization is for profit, not for profit, nonprofit, domestic, or foreign. See Alabama Code 45-26-231.06
  • Organization: means a person other than an individual. See Alabama Code 37-4-41
  • organizer: A person, who need not be an owner or member of the entity, who, having the capacity to contract, is authorized to execute documents in connection with the formation of the entity. See Alabama Code 45-26-231.06
  • OUT-OF-DATE: Any article with a label containing an open-date statement with a date affixed thereto which has passed. See Alabama Code 20-1-20
  • out-of-state bank: means a bank, the home state of which is a state other than Alabama. See Alabama Code 45-8-82.22
  • out-of-state foreign bank: means a foreign bank, the home state of which is a state other than Alabama. See Alabama Code 45-8-82.22
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • overburden: All of the earth and other materials which lie above natural deposits of clay, sand, gravel, ores, and other minerals except limestone, marble, and dolomite, and also the earth and other materials disturbed from their natural state in the process of surface mining. See Alabama Code 40-23-1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: Any person who is engaged in and has an economic risk in the business of producing or causing to be produced, for market, forest or timber products. See Alabama Code 40-12-253
  • owner: An individual, corporation, partnership, trust association, joint venture, or any other business entity, and the respective agents of the individuals or entities, in whom is vested all or any part of the title to the property alleged to be a drug-related nuisance. See Alabama Code 45-8A-22.61
  • owner: The owner of a motor vehicle as shown on the motor vehicle registration records of the Alabama Department of Revenue or the analogous department or agency of another state or nation. See Alabama Code 45-37A-100.02
  • owner: The owner or owner of record of a motor vehicle as shown on the motor vehicle registration and title records of the Alabama Department of Revenue or the analogous department or agency of another state or nation. See Alabama Code 45-37A-42.02
  • 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: A person owning one or more dwellings or commercial buildings. See Alabama Code 45-41-141
  • owners: as used in this article , shall mean the person in whose name the property is assessed for ad valorem tax purposes in the absence of proof to the contrary. See Alabama Code 45-37-243.02
  • OWNERSHIP INTEREST: An owner's interest in an entity. See Alabama Code 45-26-231.06
  • paid: For the purpose of deductions and credits hereinafter provided for with respect to income tax means paid or accrued or paid or incurred, and the terms paid or accrued and paid or incurred shall be construed according to the method of accounting on the basis of which the net income is computed under this chapter. See Alabama Code 40-18-1
  • parent: Natural or legal father or mother. See Alabama Code 45-37-162.06
  • parent: The legal mother or the legal father of a child under the jurisdiction of the juvenile court pursuant to this chapter. See Alabama Code 45-36-248
  • PARTIAL-BIRTH ABORTION: An abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery. See Alabama Code 45-39-200.01
  • 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
  • PARTNERSHIP AGREEMENT: Any agreement (whether referred to as a partnership agreement or otherwise), written, oral or implied, of the partners as to the activities and affairs of a general partnership or a limited partnership. See Alabama Code 45-26-231.06
  • PARTY TO THE MERGER: A domestic entity or non-code organization that under a plan of merger is combined by a merger. See Alabama Code 45-26-231.06
  • PATHOLOGICAL STUDY: The examination of body tissue for diagnostic or forensic purposes, and any related activities necessary to perform such study. See Alabama Code 45-39-234
  • pension: Payments for life derived from money provided by the employer. See Alabama Code 45-38-243.05
  • 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 PLACE OF BUSINESS: A fixed premises either owned by the dealer or leased by the dealer for at least one year. See Alabama Code 41-9-80
  • PERMIT HOLDER: A qualified organization or qualified club which has a permit or license pursuant to this article. See Alabama Code 45-42-150
  • PERMIT PERIOD: A one-year period commencing on the issuance of a permit to engage in surface mining. See Alabama Code 40-23-1
  • PERMITTED INVESTMENTS: (i) Government securities; (ii) bonds, debentures, notes or other evidences of indebtedness issued by any of the following agencies: bank for cooperatives; federal intermediate credit banks; Federal Financing Bank; federal home loan banks; Federal Farm Credit Bank; Export-Import Bank of the United States; federal land banks; or Farmers Home Administration or any other agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof; (iii) bonds, notes, pass through securities or other evidences of indebtedness of Government National Mortgage Association and participation certificates of Federal Home Loan Mortgage Corporation; (iv) full faith and credit obligations of any state, provided that at the time of purchase such obligations are rated at least "AA" by Standard & Poor's Corporation and at least "Aa" by Moody's Investors Service; (v) public housing bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by contracts with the United States of America, or temporary notes, preliminary notes or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States of America; (vi) time deposits evidenced by certificates of deposit issued by banks or savings and loan associations which are members of the Federal Deposit Insurance Corporation, provided that, to the extent such time deposits are not covered by federal deposit insurance, such time deposits, including interest thereon, are fully secured by a pledge of obligations described in clauses (i), (ii), (iii), and (v) above, which at all times have a market value not less than the amount of such bank time deposits required to be so secured and which meet the greater of 100 percent collateralization or the "AA" collateral levels established by Standard & Poor's Corporation for structured financings; (vii) repurchase agreements for obligations of the type specified in clauses (i), (ii), (iii), and (v) above, provided such repurchase agreements are fully collateralized and secured by such obligations which have a market value at least equal to the purchase price of such repurchase agreements which are held by a depository satisfactory to the State Treasurer in such manner as may be required to provide a prefected security interest in such obligations, and which meet the greater of 100 percent collateralization or the "AA" collateral levels established by Standard & Poor's Corporation for structured financings; and (viii) uncollateralized investment agreements with, or certificates of deposit issued by, banks or bank holding companies, the senior long-term securities of which are rated at least "AA" by Standard & Poor's Corporation and at least "Aa" by Moody's Investors Service. See Alabama Code 45-37-232.20
  • person: Any individual, firm, copartnership, association, corporation, receiver, trustee, or any other group or combination acting as a unit. See Alabama Code 40-7-70
  • person: Any individual, group of individuals, firm, association, corporation, partnership, joint venture, sole proprietorship, or any other business entity. See Alabama Code 40-12-253
  • 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, partnership, corporation, company, society, or association, or other business entity. See Alabama Code 40-12-253
  • person: Any individual, partnership, corporation, association, or other legal entity or organization. See Alabama Code 45-4-82.02
  • person: Any individual, partnership, corporation, association or other business unit. See Alabama Code 45-5-100
  • person: Any individual, corporation, company, society, association or other business entity. See Alabama Code 40-12-291
  • person: Any natural person, firm, corporation, association, partnership, joint venture, or representative of any kind or any other group acting as a unit. See Alabama Code 40-23-1
  • person: is a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Alabama Code 41-4-149
  • 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: Shall include, but not be limited to, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity. See Alabama Code 41-4-390
  • person: Every natural person, firm, copartnership, association, or corporation. See Alabama Code 41-9-63
  • person: An individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any other entity, or combination of persons acting in concert. See Alabama Code 41-7A-40
  • person: Any individual and, except where inappropriate, any partnership, firm, association, corporation or other legal entity. See Alabama Code 13A-12-200.1
  • person: An individual, partnership, corporation, or association or any combination thereof. See Alabama Code 20-1-20
  • person: Any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. See Alabama Code 41-9-140
  • person: Individuals, firms, partnerships, companies, corporations, associations, trustees, receivers, the State of Alabama, and any of its agencies, authorities, boards, bureaus, commissions, departments, and instrumentalities, each incorporated municipality and any agencies, authorities, boards, bureaus, commissions, and departments of such municipalities, and the several counties of the State of Alabama and any agencies, authorities, boards, bureaus, commissions, and departments of such counties, and any other political subdivisions of the State of Alabama by whatever name or description. See Alabama Code 40-18-90
  • person: Unless limited to a natural person by the context in which it is used, such term includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state or of a county or municipality. See Alabama Code 45-36-252
  • person: Any individual, trust, estate, corporation, association, disregarded entity, or subchapter K entity. See Alabama Code 40-18-1
  • person: Includes a natural person, corporation, partnership, association, or other entity. See Alabama Code 45-37-91.01
  • person: Any human being, corporation, association, or other legal entity. See Alabama Code 45-42-150
  • person: Unless limited to a natural person by the context in which it is used, such term includes a public or private corporation, a municipality, a county or an agency, department, or instrumentality of the state or of a county or municipality. See Alabama Code 45-38-141
  • person: An individual, sole proprietorship, business, partnership, corporation, limited liability company, association, firm, or any other form of legally recognized entity. See Alabama Code 45-37-91.05
  • person: A partnership, corporation, or an association. See Alabama Code 45-37-121.25
  • 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: 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, partnership, association, firm, or corporation. See Alabama Code 37-8-182
  • person: One or more individuals, partnerships, associations, societies, trusts, organizations or corporations. See Alabama Code 40-7-93
  • person: Includes but is not limited to natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity. See Alabama Code 40-7-100
  • 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
  • Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • PHOTOGRAPHIC STOP SIGN TRAFFIC ENFORCEMENT SYSTEM: A system that:

    a. See Alabama Code 45-37A-100.02

  • PHOTOGRAPHIC STOP SIGN TRAFFIC ENFORCEMENT SYSTEM: A system that meets both of the following conditions:

    a. See Alabama Code 45-37A-42.02

  • PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM: A system that:

    a. See Alabama Code 45-37A-100.02

  • PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM: A system that meets all of the following requirements:

    a. See Alabama Code 45-37A-42.02

  • PHOTOGRAPHIC VEHICLE SPEED ENFORCEMENT SYSTEM: A system that:

    a. See Alabama Code 45-37A-100.02

  • PHOTOGRAPHIC VEHICLE SPEED ENFORCEMENT SYSTEM: A system that meets both of the following conditions:

    a. See Alabama Code 45-37A-42.02

  • physician: A doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the state or any other individual legally authorized by the state to perform abortions. See Alabama Code 45-39-200.01
  • physician: A person currently licensed by the Medical Licensure Commission, State of Alabama, to practice medicine or osteopathy pursuant to Section 34-24-50, et seq. See Alabama Code 45-39-221.09
  • PICK-UP ORDER: In any case before the juvenile court, an order directing any law enforcement officer or other person authorized by this chapter to take a child into custody and to deliver the child to a place of detention, shelter, or other care designated by the juvenile court. See Alabama Code 45-36-248
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: The Judges' and Clerks' Plan provided for in Section 12-18-151. See Alabama Code 45-38-243.05
  • PLANNING JURISDICTION: A municipality's planning jurisdiction but excludes any portion of the planning jurisdiction located outside of the county. See Alabama Code 45-39-221
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • POTENTIALLY HAZARDOUS FOOD: A food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms or the growth and toxin production of Clostridium botulinum or the growth of Salmonella Enteritidis. See Alabama Code 20-1-20
  • 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
  • PRECIOUS ITEM: Any of the following:

    a. See Alabama Code 41-9-80

  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • premium: The consideration paid to an insurer for a reimbursement insurance policy. See Alabama Code 41-7A-40
  • PRESCRIBED BURNING: The controlled application of fire to naturally occurring vegetative fuels for ecological, silvicultural, agricultural and wildlife management purposes under specified environmental conditions and the following of appropriate precautionary measures which cause the fire to be confined to a predetermined area and accomplishes the planned land management objectives. See Alabama Code 40-12-342
  • prescription: A written plan for starting and controlling a prescribed burn to accomplish the ecological, silvicultural, and wildlife management objectives. See Alabama Code 40-12-342
  • prescription: A physician's order for the preparation and administration of a drug or device for a patient. See Alabama Code 45-39-221.09
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • 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.
  • PRESSURE VESSEL: A vessel other than those vessels defined in subdivision (2) in which the pressure is obtained from an external source or by the application of heat. See Alabama Code 45-37-40.05
  • PRESUMED FATHER: Any male person as defined in the Alabama Uniform Parentage Act. See Alabama Code 45-37-162.06
  • principal: Any person who does all of the following:

    a. See Alabama Code 40-23-10

  • Principal office: means the office, in or out of this state, so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Alabama Code 45-28A-42.07
  • PRIVATE RESIDENCE: A separate dwelling or a separate apartment in a multiple dwelling which is occupied by members of a single-family unit. See Alabama Code 45-37-60.10
  • 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.
  • probation: The legal status created by order of the juvenile court following an adjudication of delinquency or in need of supervision whereby a child is permitted to remain in a community subject to supervision and return to the juvenile court for violation of probation at any time during the period of probation. See Alabama Code 45-36-248
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • PROCEEDS FROM A WAGER: Those proceeds as described in 26 U. See Alabama Code 40-18-90
  • processor: A chip mill or other facility that receives forest products from a producer and further processes those forest products before delivery to a manufacturer. See Alabama Code 40-7-70
  • produce: Create, make, write, film, produce, reproduce, direct, or stage. See Alabama Code 13A-12-200.1
  • producer: Any person engaging or continuing to engage in this state in the business of severing timber or any other forest products from the soil, whether as owner, lessee, concessionaire, or contractor. See Alabama Code 40-7-70
  • 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
  • PROFESSIONAL ASSOCIATION: A professional association as defined in Chapter 30. See Alabama Code 45-26-231.06
  • 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 CORPORATION: A domestic or foreign professional corporation as defined in Chapter 4. See Alabama Code 45-26-231.06
  • PROFESSIONAL EMPLOYER ORGANIZATION: A person engaged in the business of providing professional employer services through one or more professional employer organization arrangements. See Alabama Code 45-37-91.05
  • PROFESSIONAL EMPLOYER ORGANIZATION ARRANGEMENTS: An arrangement under contract where an employee of a professional employer organization is assigned or leased, or both, to work at a client company. See Alabama Code 45-37-91.05
  • PROFESSIONAL EMPLOYER SERVICES: The service of entering into relationships under this chapter in which all or a majority of the employees providing services to a client or to a division or work unit of clients are covered employees. See Alabama Code 45-37-91.05
  • PROFESSIONAL ENTITY: A professional association and a professional corporation. See Alabama Code 45-26-231.06
  • PROFESSIONAL SERVICE: Any type of service that may lawfully be performed only pursuant to a license issued by a state court, state regulatory licensing board, or other like agency pursuant to state laws. See Alabama Code 45-26-231.06
  • PROFESSIONAL SERVICE: As defined in Section 10A-1-1. See Alabama Code 45-3A-30.02
  • 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
  • propane: Hydrocarbon whose chemical composition is predominately C3H8, whether recovered from natural gas or crude oil, and includes liquefied petroleum gases and mixtures thereof. See Alabama Code 41-9-242
  • PROPANE GAS INDUSTRY: Those persons involved in the production, transportation, and sale of propane. See Alabama Code 41-9-242
  • PROPER IDENTIFICATION: Information generally deemed sufficient to identify a person for consumer reporting agency purposes under 15 U. See Alabama Code 41-9-140
  • 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: Tangible real property, or an interest in real property, including an interest in any leasehold, license, or real estate, including any house, apartment building, condominium, cooperative, office building, store, restaurant, tavern, nightclub, or warehouse, and the land extending to the boundaries of the lot upon which the structure is situated, and anything growing on, affixed to, or found on the land. See Alabama Code 45-8A-22.61
  • property: Real and personal property and interests therein. See Alabama Code 45-36-252
  • 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: Real and personal property and interests therein. See Alabama Code 45-38-141
  • 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
  • PROPERTY AND CASUALTY INSURER: Any insurer licensed to do business in this state and authorized to transact property, marine, casualty, and/or surety insurance, but shall not include monoline mortgage guaranty insurers, financial guaranty insurers and title insurers. See Alabama Code 45-39A-13.08
  • PROSECUTING ATTORNEY: The Attorney General, district attorney, or county, municipal, or private attorney bringing a drug-related nuisance action. See Alabama Code 45-8A-22.61
  • provider: A health care provider duly licensed or certified by the State of Alabama. See Alabama Code 45-40-161
  • provider: A person who administers, makes, provides, sells, or offers to sell a service contract, who is contractually obligated to provide service under a service contract. See Alabama Code 41-7A-40
  • PROVIDER FEE: The total purchase price paid for a service contract. See Alabama Code 41-7A-40
  • 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.
  • PUBLIC MEMBER: A member of the council, other than a representative of wholesalers or retail marketers, representing significant users of propane, public safety officials, state regulatory officials, or other groups knowledgeable about propane. See Alabama Code 41-9-242
  • PUBLIC WATER SYSTEM: A water system which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation organized under the laws of the state, any combination of any thereof, or any agency or instrumentality of any one or more thereof or in which any one or more thereof or any agency or instrumentality of any one or more thereof holds a reversionary or remainder interest. See Alabama Code 45-36-252
  • PUBLIC WATER SYSTEM: A water system which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation organized under the laws of the state, any combination of any thereof, or any agency or instrumentality of any one or more thereof or in which any one or more thereof or any agency or instrumentality of any one or more thereof holds a reversionary or remainder interest. See Alabama Code 45-38-141
  • purchase: The acquisition of a precious item or items for a consideration of cash, goods, or another precious item. See Alabama Code 41-9-80
  • purchaser: A person who is solicited to become or does become obligated to a commercial telephone seller. See Alabama Code 40-12-253
  • PUTATIVE FATHER: The alleged or reputed father. See Alabama Code 45-37-162.06
  • QUALIFIED INDUSTRY ORGANIZATION: The Alabama Propane Gas Association or its successor. See Alabama Code 41-9-242
  • QUALIFIED ORGANIZATION: A bona fide religious, educational, service, senior citizens, fraternal, or veterans' organization or club which qualifies as an exempt organization under Section 501(c) of the Internal Revenue Code and operates without profit to its members and which has been in existence continuously as that organization for a period of three years and which has owned or leased real property in Limestone County for at least three years immediately prior to making application for operating bingo. See Alabama Code 45-42-150
  • QUALIFIED PERSON: With respect to any domestic professional corporation:

    a. See Alabama Code 45-3A-30.02

  • rbc: Risk-based capital. See Alabama Code 45-39A-13.08
  • RBC INSTRUCTIONS: The RBC report including risk-based capital instructions adopted by the NAIC, as the RBC instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See Alabama Code 45-39A-13.08
  • RBC PLAN: A comprehensive financial plan containing the elements specified in subsection (b) of Section 27-2B-4. See Alabama Code 45-39A-13.08
  • RBC REPORT: The report required in Section 27-2B-3. See Alabama Code 45-39A-13.08
  • REAL ESTATE INVESTMENT TRUST: An unincorporated trust, association, or other entity as defined in Chapter 10. See Alabama Code 45-26-231.06
  • 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
  • REASONABLE QUALIFICATIONS: The standard of the reasonable criteria established and consistently used by the respective supplier for Alabama wholesalers that entered into, continued, or renewed an agreement with the supplier during a period of 24 months prior to the proposed transfer of the business of the wholesaler, or for Alabama wholesalers who have changed managers or designated managers during a period of 24 months prior to the proposed change in manager or successor manager of the business of the wholesaler. See Alabama Code 45-37-21.03
  • recall: An individual who was temporarily separated from an employer but who is called back to work for that same employer. See Alabama Code 45-37-21.08
  • Recess: A temporary interruption of the legislative business.
  • recklessly: The term means recklessly, as defined by Section 13A-2-2(3), doing an act involving a material when the person knows the nature of the material. See Alabama Code 13A-12-200.1
  • reclamation: The reconditioning or rehabilitation of affected land in accordance with the requirements of this article. See Alabama Code 40-23-1
  • 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
  • Record date: means the date established under Article 6 or 7 on which a corporation determines the identity of its shareholders and their shareholdings for purposes of this chapter. See Alabama Code 45-28A-42.07
  • RECORDED IMAGE: An image recorded by the system depicting the rear of a vehicle which is automatically recorded as a photograph or digital image, which also depicts the recorded speed, date, location, and time of the recorded image. See Alabama Code 45-37A-100.02
  • RECORDED IMAGE: An image recorded by the system depicting the rear of a vehicle which is automatically recorded as a photograph or digital image, which also depicts the recorded speed, date, location, and time of the recorded image. See Alabama Code 45-37A-42.02
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • RECREATIONAL VEHICLE: A motor home, travel trailer, fifth wheel trailer, camping trailer, and truck camper. See Alabama Code 40-17-120
  • RED TAG: A red card or device containing an official printed notice of the condemnation of a liquefied petroleum gas system or any connected or disconnected LP-gas component, LP-gas storage container, LP-gas container appurtenance, or LP-gas motor vehicle, transport, or delivery unit placed as a result of a violation of the liquefied petroleum gas safety code provisions and regulations, or as a result of a mechanical defect found on the LP-gas motor vehicle, transport, or delivery unit that could cause a danger to the public if allowed to continue to operate. See Alabama Code 41-9-63
  • REFUNDING BONDS: Those refunding bonds issued under and pursuant to Section 2-5A-35. See Alabama Code 45-37-232.20
  • REFUNDING SCHOOL WARRANTS: Any warrants or other obligations of the county issued after May 27, 2015, to refinance, on such terms as the county commission shall determine in its discretion, either a. See Alabama Code 45-37-249.02
  • registrant: A person or entity registered as a professional employer organization under this chapter or renewing a registration under this chapter. See Alabama Code 45-37-91.05
  • Regulatory action level RBC: means the product of 1. See Alabama Code 45-39A-13.08
  • rehire: An individual who was separated from an employer on other than a temporary basis but who is returning to work for that same employer. See Alabama Code 45-37-21.08
  • REIMBURSEMENT INSURANCE POLICY: A policy of insurance issued to a provider pursuant to which the insurer agrees, for the benefit of the service contract holders, to discharge the obligations of the provider under the terms of the service contracts in the event of non-performance by the provider. See Alabama Code 41-7A-40
  • REINSURANCE INTERMEDIARY: A reinsurance intermediary-broker or a reinsurance intermediary-manager as these terms are defined in subdivisions (8) and (9). See Alabama Code 45-40-244
  • REINSURANCE INTERMEDIARY-BROKER: Any person, other than an officer or employee of the ceding insurer, firm, association, or corporation who solicits, negotiates, or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of such insurer. See Alabama Code 45-40-244
  • REINSURANCE INTERMEDIARY-MANAGER: Any person, firm, association, or corporation who has authority to bind or manages all or part of the assumed reinsurance business of a reinsurer, including the management of a separate division, department, or underwriting office, and acts as an agent for such reinsurer whether known as a reinsurance intermediary-manager, manager, or other similar term. See Alabama Code 45-40-244
  • reinsurer: Any person, firm, association, or corporation duly licensed in this state pursuant to the applicable provisions of the insurance law as an insurer with the authority to assume reinsurance. See Alabama Code 45-40-244
  • RELEVANT MARKET AREA: The geographic area for which a dealer is assigned responsibility for selling or soliciting or advertising the sale of equipment under the terms of a franchise. See Alabama Code 40-17-45
  • relinquishment: Giving up the physical custody of a minor for purpose of placement for adoption to a licensed child placing agency or the Department of Human Resources. See Alabama Code 45-37-162.06
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • RENTAL FACILITY: Shall include, but not be limited to, any hotel, motel, boarding house, dwelling house, and self storage facility offered for rent or lease. See Alabama Code 41-4-390
  • RENTAL-PURCHASE AGREEMENT: An agreement for the use of merchandise by a consumer for personal, family, or household purposes, for an initial period of four months or less that is automatically renewable with each payment after the initial period, and that permits the consumer to become the owner of the merchandise. See Alabama Code 40-23-26
  • repair: A repair as defined in the referenced standards and which does not require a permit. See Alabama Code 45-37-60.10
  • 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.
  • research: A systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalized knowledge but does not include treatment, medication, diagnostic or remedial tests, surgical procedures, or observations which have the purpose of determining or improving the life or health of the unborn infant or preserving the life or health of the unborn infant or the unborn infant's mother or pathological study. See Alabama Code 45-39-234
  • research: Any type of study, investigation, or other activities designed to advance the image, desirability, usage, marketability, and efficient use of propane gas and to further the development and distribution of the information. See Alabama Code 41-9-242
  • RESIDENCE STATE: The state of which the child is a resident by virtue of the residence of the adoptive parents. See Alabama Code 45-37-249.03
  • RESIDENTIAL FACILITY: A dwelling, other than a detention or shelter care facility, providing living accommodations, care, treatment, and maintenance for children, including, but not limited to, institutions, foster family homes, group homes, half-way houses, and forestry camps operated, accredited, or licensed by a federal or state department or agency. See Alabama Code 45-36-248
  • RESIDENTIAL REAL ESTATE: A new or existing building constructed for habitation by one to four families, including detached garages. See Alabama Code 41-9-160
  • RESIDENTIAL ROOFING CONTRACTOR: A person or entity in the business of contracting or offering to contract with an owner or possessor of residential real estate to repair or replace roof systems. See Alabama Code 41-9-160
  • RESPONSIBLE PERSON: A child's natural parent, stepparent, adoptive parent, legal guardian, custodian, or any other person who has the permanent or temporary care or custody or responsibility for the supervision of a child. See Alabama Code 45-37A-242.01
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • RETAIL MARKETER: A person engaged primarily in the sale of odorized propane gas to the end user or to retail propane dispensers. See Alabama Code 41-9-242
  • RETALIATORY ACTION: Includes, but is not limited to, the refusal to continue an agreement, or a material reduction in the quality of service or in the quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith. See Alabama Code 45-37-21.03
  • retirement: Withdrawal from active service with a retirement allowance or optional benefit in lieu thereof granted under this article. See Alabama Code 45-38-243.05
  • RETIREMENT ALLOWANCE: The sum of the annuity and the pension. See Alabama Code 45-38-243.05
  • RETIREMENT SYSTEM: The Employees' Retirement System of Alabama as defined in Section 36-27-2. See Alabama Code 45-38-243.05
  • run: The continuous exhibition of a motion picture in a defined geographic area for a specified period of time. See Alabama Code 40-7-93
  • SALES AND USE TAXES: Sales and use taxes and gross receipts taxes in the nature of a sales tax imposed pursuant to Alabama law. See Alabama Code 40-23-171
  • SALES REPRESENTATIVE: Any person who engages in the business of soliciting, on behalf of a principal, orders for the purchase at wholesale of the product or products of the principal, but does not include a person who places orders or purchases for his or her own account for resale, or a person engaged in home solicitation sales. See Alabama Code 40-23-10
  • SALES TERRITORY: An area of exclusive sales responsibility for the brand or brands of wine sold by a supplier as designated by an agreement. See Alabama Code 45-37-21.03
  • salesperson: Any individual employed, appointed, or authorized by a commercial telephone seller, regardless of whether the commercial telephone seller refers to the individual as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the commercial telephone seller. See Alabama Code 40-12-253
  • schoolhouse: Any building or other structure erected or acquired by the public schools of Alabama and also shall mean any private building in which 25 or more persons are congregated regularly for the purpose of instruction in any branch of knowledge. See Alabama Code 41-9-160
  • 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: The Secretary of the State of Alabama, Department of Labor. See Alabama Code 45-37-21.08
  • secretary: The Secretary of Labor. See Alabama Code 45-37-40.05
  • secretary: The Secretary of the Alabama Department of Labor. See Alabama Code 45-37-91.05
  • SECRETARY OF AGRICULTURE: The Secretary of the Federal Department of Agriculture. See Alabama Code 45-37-21.08
  • SECRETARY OF HEALTH AND HUMAN SERVICES: The Secretary of the Federal Department of Health and Human Services. See Alabama Code 45-37-21.08
  • SECRETARY OF LABOR: The Secretary of the Federal Department of Labor. See Alabama Code 45-37-21.08
  • SECRETARY OF STATE: The Secretary of State of the State of Alabama. See Alabama Code 45-26-231.06
  • SECURE CUSTODY: As used with regard to juvenile detention facilities and the Department of Youth Services, this term means residential facilities with construction features designed to physically restrict the movements and activities of persons in custody such as locked rooms and buildings, including rooms and buildings that contain alarm devices that prevent departure; fences; or other physical structures. See Alabama Code 45-36-248
  • securities: When used with reference to debt instruments to be issued by the corporation, shall mean and include notes, bonds and other forms of indebtedness. See Alabama Code 45-37A-50.06
  • SECURITY FREEZE: A restriction placed on a consumer credit report at the request of the consumer that prohibits a consumer credit reporting agency from releasing the consumer's consumer credit report for a purpose relating to the extension of credit without the express authorization of the consumer. See Alabama Code 41-9-140
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • SERVICE AREA: The geographic area or areas in which the authority is authorized by its certificate of incorporation or any amendment thereto to render water, sewer, or garbage service shall be any area within the county in which such service is not provided by another public authority. See Alabama Code 45-36-252
  • SERVICE AREA: The geographic area or areas in which the authority is authorized by its certificate of incorporation or any amendment thereto to render water and fire protection service, or any thereof, which area may include not only territory located outside the boundaries of any municipality but also territory located within the boundaries of one or more municipalities. See Alabama Code 45-38-141
  • 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 CONTRACT: A contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement, or maintenance of property or indemnification for repair, replacement, or maintenance, for the operational or structural failure due to a defect in materials or workmanship, or normal wear and tear, with or without additional provision for incidental payment or indemnity under limited circumstances, for related expenses, including, but not limited to, towing, rental, and emergency road service. See Alabama Code 41-7A-40
  • SERVICE CONTRACT: A contract or agreement as defined in subdivision (13) of Section 8-32-2. See Alabama Code 41-9-63
  • Service of process: The service of writs or summonses to the appropriate party.
  • services: Work, labor, and other services, including but not limited to services furnished in connection with the sale or repair of goods. See Alabama Code 40-7-100
  • setback: An undisturbed buffer strip adjacent to watercourses, lakes, easements, adjoining property, perimeter property lines, road rights-of-way, residences, or other features which could be adversely affected by mining. See Alabama Code 40-23-1
  • 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.
  • sever: To fell, cut, or otherwise separate from the soil. See Alabama Code 40-7-70
  • SEWER SERVICE: The construction, operation, and maintenance of sewer disposal facilities and lines in areas of the county not served by any other public sewer facility. See Alabama Code 45-36-252
  • SEXUAL CONDUCT: The term means:

    a. See Alabama Code 13A-12-200.1

  • 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
  • SHELTER CARE: The temporary care of children in group homes, foster care, relative placement, or other nonpenal facilities. See Alabama Code 45-36-248
  • SOCIAL SECURITY ACT: The Federal Social Security Act. See Alabama Code 45-37-21.08
  • SPECIAL NEEDS CHILD: A child as defined by the federal Adoption Assistance and Child Welfare Act of 1980. See Alabama Code 45-37-162.06
  • SPEED LIMIT: The established maximum speed limit on a given roadway prescribed by law. See Alabama Code 45-37A-100.02
  • SPEED LIMIT: The established maximum speed limit on a given roadway prescribed by law. See Alabama Code 45-37A-42.02
  • SPEEDING VIOLATION: Any violation of a motor vehicle at a speed that exceeds the legal maximum speed limits set forth in or adopted pursuant Article 8, consisting of Sections 32-5A-170 to 32-5A-178, inclusive, Chapter 5A, Title 32, or of any combination thereof; provided, however, that speed limits set by action of the Center Point City Council, if any, shall supersede the limits set in Article 8, consisting of Sections 32-5A-170 to 32-5A-178, inclusive, Chapter 5A, Title 32. See Alabama Code 45-37A-100.02
  • SPEEDING VIOLATION: Any violation of a motor vehicle at a speed that exceeds the legal maximum speed limits set forth in or adopted pursuant to Article 8, Chapter 5A, Title 32, Sections 32-5A-170 to 32-5A-178, inclusive, or of any combination thereof; provided, however, that speed limits set by action of the Bessemer City Council, if any, shall supersede the limits set in Article 8, Chapter 5A, Title 32, Sections 32-5A-170 to 32-5A-178, inclusive. See Alabama Code 45-37A-42.02
  • STANDARD OF PURITY OR QUALITY: The standards of purity for food products promulgated by the State Board of Agriculture and Industries and by statutes of this state. See Alabama Code 20-1-20
  • state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 45-26-231.06
  • state: The State of Alabama. See Alabama Code 40-18-90
  • state: The State of Alabama. See Alabama Code 45-36-252
  • state: A state of the United States and the District of Columbia. See Alabama Code 40-23-171
  • state: The State of Alabama. See Alabama Code 45-37-21.08
  • state: The State of Alabama. See Alabama Code 45-38-141
  • state: The State of Alabama. See Alabama Code 45-37A-50.06
  • state: The State of Alabama. See Alabama Code 45-39-221
  • state: The State of Alabama. See Alabama Code 45-41-141
  • state: A state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States. See Alabama Code 45-37-249.03
  • STATE BUILDING AND CONSTRUCTION: All buildings and other structures erected or acquired by or in behalf of the State of Alabama or any of its agencies or instrumentalities. See Alabama Code 41-9-160
  • STATE DIRECTORY OF NEW HIRES: A directory containing the name, address, Social Security number, and date of hire of each newly hired, recalled, or rehired individual, as reported by employers to the Department of Labor. See Alabama Code 45-37-21.08
  • STATE SALES TAX: The tax or taxes imposed by the state sales tax statutes. See Alabama Code 45-37-249.02
  • STATE SALES TAX STATUTES: Division 1 of Article 1 of Chapter 23 of Title 40, as heretofore or hereafter amended, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in the state sales tax statutes and all other statutes of the state which expressly apply to or purport to affect the administration of the state sales tax statutes, and the incidence and collection of the taxes imposed therein. See Alabama Code 45-37-249.02
  • STATE USE TAX: The tax or taxes imposed by the state use tax statutes. See Alabama Code 45-37-249.02
  • STATE USE TAX STATUTES: Article 2 of Chapter 23 of Title 40, as heretofore or hereafter amended, including all other statutes of the state which expressly set forth any exemptions from the computation of the tax levied in the state use tax statutes and all other statutes of the state which expressly apply to or purport to affect the administration of the state use tax statutes, and the incidence and collection of the taxes imposed therein. See Alabama Code 45-37-249.02
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • stolen: Obtained by theft, theft by appropriating lost property, robbery, or extortion. See Alabama Code 45-41-170
  • STOP SIGN: A fixed sign of the type authorized by the Alabama Department of Transportation which requires a vehicle to come to a complete stop before entering the intersection. See Alabama Code 45-37A-100.02
  • STOP SIGN: A fixed sign of the type authorized by the Alabama Department of Transportation which requires a vehicle to come to a complete stop before entering the intersection. See Alabama Code 45-37A-42.02
  • STOP SIGN VIOLATION: Any violation of Section 32-5A-112, wherein a vehicle proceeds into an intersection after failing to stop at a clearly marked stop line. See Alabama Code 45-37A-100.02
  • STOP SIGN VIOLATION: Any violation of Section 32-5A-112 wherein a vehicle proceeds into an intersection after failing to stop at a clearly marked stop line. See Alabama Code 45-37A-42.02
  • Subpoena duces tecum: A command to a witness to produce documents.
  • subscriber: A person who agrees with or makes an offer to an entity to purchase by subscription an ownership interest in the entity. See Alabama Code 45-26-231.06
  • Subscriber: means a person who subscribes for shares in a corporation, whether before or after incorporation. See Alabama Code 45-28A-42.07
  • subscription: An agreement between a subscriber and an entity, or a written offer made by a subscriber to an entity before or after the entity's formation, in which the subscriber agrees or offers to purchase a specified ownership interest in the entity. See Alabama Code 45-26-231.06
  • 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

  • superintendent: means the superintendent then in office and, where appropriate, all of his or her successors and predecessors in office. See Alabama Code 45-8-82.22
  • 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.
  • supplier: The manufacturer, wholesaler, or distributor of the tractor, equipment, lawn and garden equipment, light industrial tractors and equipment, and/or repair parts to be sold by the dealer. See Alabama Code 40-17-45
  • supplier: A manufacturer or importer of wine licensed by the board. See Alabama Code 45-37-21.03
  • SURFACE MINING: The mining of clay, sand, gravel, ores, and other minerals except chert (or similar type pits from which construction materials are obtained, which involve five acres or less and do not involve excavation below the surrounding area in such a way as to create a pit that will accumulate water), limestone, marble, dolomite, and coal, by removing the overburden lying above natural deposits thereof and mining directly from the natural deposits thereby exposed or by mining directly from deposits lying exposed in their natural state. See Alabama Code 40-23-1
  • 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
  • TAXABLE YEAR: The calendar year or the fiscal year ending during the calendar year upon the basis of which net income is computed, or a period of less than 12 months resulting from a change in accounting period as provided in Section 40-18-30. See Alabama Code 40-18-1
  • taxpayer: Any person subject to a tax imposed by this chapter, or whose income is, in whole or in part, subject to a tax imposed by this chapter. See Alabama Code 40-18-1
  • telecommunications: The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. See Alabama Code 45-39-250
  • TELECOMMUNICATIONS CARRIER: Any provider of telecommunications services, except that the term does not include aggregators of telecommunications services as defined in 47 U. See Alabama Code 45-39-250
  • TELECOMMUNICATIONS EQUIPMENT: Equipment, other than customer premises equipment, used by a provider of telecommunications to provide telecommunications services, and includes software integral to the equipment, including upgrades. See Alabama Code 45-39-250
  • TELECOMMUNICATIONS SERVICE: The offering of telecommunications, including servicing and repairing related equipment, for a fee directly to the public, or to the classes of users as to be effectively available directly to the public regardless of the facilities used, including, but not limited to, voice, data, imaging, and video transmissions and local telephone exchange service. See Alabama Code 45-39-250
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • 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
  • tenant: A person who resides in or occupies property belonging to another person pursuant to a lease agreement, or pursuant to a tenancy under the common law. See Alabama Code 45-8A-22.61
  • termination: The termination, cancellation, nonrenewal, or noncontinuation of the contract or agreement. See Alabama Code 40-17-45
  • termination: The end of services performed by the sales representative for the principal, whether by discharge, resignation, or expiration of a contract. See Alabama Code 40-23-10
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • threat: A menace, however communicated, to:

    a. See Alabama Code 45-41-170

  • TO BE IN VIOLATION: The reinsurance intermediary, insurer, or reinsurer for whom the reinsurance intermediary was acting failed to substantially comply with the provisions of this chapter. See Alabama Code 45-40-244
  • TOTAL ADJUSTED CAPITAL: The sum of:

    a. See Alabama Code 45-39A-13.08

  • TOURISM BOARD: The public corporation organized pursuant to this part. See Alabama Code 45-39-221
  • TRADE SCREENING: The showing of a motion picture by a distributor at the location of the film exchange that distributes his picture in Alabama, which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture. See Alabama Code 40-7-93
  • TRADE SECRET: A "trade secret" is information that:

    a. See Alabama Code 41-4-149

  • TRAFFIC CONTROL SIGNAL: Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed as defined in Section 32-1-1. See Alabama Code 45-37A-100.02
  • TRAFFIC CONTROL SIGNAL: Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed as defined in Section 32-1-1. See Alabama Code 45-37A-42.02
  • TRAFFIC SIGNAL VIOLATION: Any violation of Section 32-5A-31, Section 32-5A-32, or Section 32-5A-35, or of any combination thereof, wherein a vehicle proceeds into a signalized intersection at a time while the traffic control signal for that vehicle's lane of travel is emitting a steady red signal. See Alabama Code 45-37A-100.02
  • TRAFFIC SIGNAL VIOLATION: Any violation of Section 32-5A-31, Section 32-5A-32, or Section 32-5A-35, or of any combination thereof, wherein a vehicle proceeds into a signalized intersection at a time while the traffic-control signal for that vehicle's lane of travel is emitting a steady red signal. See Alabama Code 45-37A-42.02
  • TRAFFICKING VICTIM: Any person, including minors, subjected to labor servitude, sexual servitude, or involuntary servitude. See Alabama Code 45-41-81.03
  • TRAINED TECHNICIAN: A sworn law enforcement officer or a person certified by the Alabama Peace Officers' Standards and Training Commission (APOSTC), employed or contracted by the city, who has received instruction and training in the proper use of the photographic traffic signal enforcement system, the photographic stop sign enforcement system, and the photographic vehicle speed enforcement system used by the city, the city's traffic engineer, or the city's designee. See Alabama Code 45-37A-100.02
  • TRAINED TECHNICIAN: A sworn law enforcement officer or a person certified by the Alabama Peace Officers' Standards and Training Commission, employed or contracted by the city, who has received instruction and training in the proper use of the photographic traffic signal enforcement system, the photographic stop sign enforcement system, and the photographic vehicle speed enforcement system used by the city, the city's traffic engineer or the city's designee. See Alabama Code 45-37A-42.02
  • 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
  • TRANSFER OF THE BUSINESS OF THE WHOLESALER: The voluntary sale, assignment, or other transfer of all or control of the business or all or substantially all of the assets of the wholesaler, or all or control of the capital stock of the wholesaler including, without limitation, the sale or other transfer of capital stock or assets by merger, consolidation, or dissolution, or of the capital stock of the parent corporation, or of the capital stock or beneficial ownership of any other entity owning or controlling the wholesaler. See Alabama Code 45-37-21.03
  • TRANSIENT CUSTOMER: A customer who is temporarily traveling through a dealer's area of sales responsibility. See Alabama Code 40-17-120
  • treasurer: The county treasurer of the county. See Alabama Code 45-41-141
  • Treasury shares: means shares of a corporation that have been issued, have been subsequently acquired by and belong to the corporation, and have not been canceled or restored to the status of authorized but unissued shares. See Alabama Code 45-28A-42.07
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • True bill: Another word for indictment.
  • trust: Any entity which is a trust for federal income tax purposes. See Alabama Code 40-18-1
  • 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
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • UNBORN INFANT: A human being in utero at any stage of development regardless of viability. See Alabama Code 45-39-234
  • UNCERTIFICATED OWNERSHIP INTEREST: An ownership interest in a domestic entity that is not represented by a certificate. See Alabama Code 45-26-231.06
  • UNDER SENTENCE OF IMPRISONMENT: As used in Section 13A-5-49(1), the term means while serving a term of imprisonment, while under a suspended sentence, while on probation or parole, or while on work release, furlough, escape, or any other type of release or freedom while or after serving a term of imprisonment, other than unconditional release and freedom after expiration of the term of sentence. See Alabama Code 45-39A-13.12
  • UNEMPLOYMENT COMPENSATION: Any compensation payable under Section 25-4-1 et seq. See Alabama Code 45-37-21.08
  • 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
  • United States: when used in a geographical sense, means the several states, the District of Columbia, Puerto Rico, Guam, American Samoa, the American Virgin Islands, the Trust Territory of the Pacific Islands, and any other territory of the United States; and, when used in a political sense, means the federal government of the United States. See Alabama Code 45-8-82.22
  • UNUSED LANDS: Lands not utilized for the immediate purposes of any institution or department, not being cultivated, leased or mined and not contiguous to the premises of any department or institution or state building. See Alabama Code 40-17-33
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • USED LANDS: Lands that are being utilized for the specific and immediate purposes of the state or of any institution or department thereof or by any township or the inhabitants thereof, including buildings, grounds and premises, experiment farms, leased, mined or cultivated property and any other tracts utilized by or for the operation of any institution or department. See Alabama Code 40-17-33
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • utilities board: shall mean the Utilities Board of the City of Foley in Baldwin County, a corporation organized and existing under the authority of Sections 11-50-310 through 11-50-318 and 11-50-320 through 11-50-324. See Alabama Code 45-2A-61
  • UTILIZATION REVIEW: A system for prospective and concurrent review of the necessity and appropriateness in the allocation of health care resources and services given or proposed to be given to an individual within this state. See Alabama Code 45-40-161
  • UTILIZATION REVIEW AGENT: Any person or entity, including the State of Alabama, performing a utilization review, except the following:

    a. See Alabama Code 45-40-161

  • 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
  • VEHICLE PROTECTION PRODUCT: A vehicle protection device, system, or service that is all of the following:

    a. See Alabama Code 41-9-63
  • Verdict: The decision of a petit jury or a judge.
  • verified: Supported by an affidavit or oath confirming the correctness, truth, or authenticity of the matter set forth therein. See Alabama Code 45-3-60
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • 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
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Alabama Code 45-28A-42.07
  • WAGE INFORMATION: Data related to the compensation an individual receives for employment, including wages paid to the individual, the individual's Social Security number, and the name, address, state and federal employer identification numbers of the individual's employer. See Alabama Code 45-37-21.08
  • ward: A beneficiary of the administration. See Alabama Code 45-37-121.25
  • warrantor: Any person, firm, corporation, or business entity, including any manufacturer or distributor, that provides a written warranty to the consumer in connection with a new recreational vehicle or parts, accessories, or components thereof. See Alabama Code 40-17-120
  • WARRANTY HOLDER: The person who purchases a vehicle protection product or who is a permitted transferee. See Alabama Code 41-9-63
  • WARRANTY REIMBURSEMENT INSURANCE POLICY: A policy of insurance that is issued to the vehicle protection product warrantor to provide reimbursement to the warrantor or to pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of the insured vehicle protection product warranties sold by the warrantor. See Alabama Code 41-9-63
  • WATER SERVICE: The providing, furnishing, supplying, or distributing of water and the performing of all of the functions and activities reasonably incident to the operation of a water system. See Alabama Code 45-36-252
  • WATER SERVICE: The providing, furnishing, supplying, or distributing of water and the performing of all of the functions and activities reasonably incident to the operation of a water system. See Alabama Code 45-38-141
  • WATER SYSTEM: Land, plants, systems, facilities, buildings, and other property, or any combination of any thereof, which are used or useful or capable of future use in providing, furnishing, supplying, or distributing water, including, but not limited to, water supply systems, water distribution systems, reservoirs, wells, intakes, mains, laterals, aqueducts, pumping stations, standpipes, filtration plants, purification plants, meters, valves, fire hydrants, and all necessary appurtenances and equipment, and all properties, rights, easements, and franchises deemed necessary or desirable by the authority for use in rendering water service. See Alabama Code 45-36-252
  • WATER SYSTEM: Land, plants, systems, facilities, buildings, and other property, or any combination of any thereof, which are used or useful or capable of future use in providing, furnishing, supplying, or distributing water, including, but not limited to, water supply systems, water distribution systems, reservoirs, wells, intakes, mains, laterals, aqueducts, pumping stations, standpipes, filtration plants, purification plants, meters, valves, fire hydrants, and all necessary appurtenances and equipment, and all properties, rights, easements, and franchises deemed necessary or desirable by the authority for use in rendering water service. See Alabama Code 45-38-141
  • wholesaler: A company engaged primarily in the sale of odorized propane gas to the retail marketer or to the end user. See Alabama Code 41-9-242
  • wholesaler: A person who distributes material for the purpose of resale or commercial distribution at retail. See Alabama Code 13A-12-200.1
  • wholesaler: A wholesaler of wine licensed by the board. See Alabama Code 45-37-21.03
  • WILD GINSENG: Ginseng in, or collected from its native habitat, notwithstanding whether the ginseng occurs naturally from that habitat or was introduced or increased in abundance by the actions of humans, including, but not limited to, sowing ginseng seed or by transplanting ginseng plants from other areas. See Alabama Code 40-12-291
  • WINNINGS SUBJECT TO WITHHOLDING: Proceeds from a wagering transaction in those amounts and sources as defined in 26 U. See Alabama Code 40-18-90
  • without substantial justification: when used with reference to any action, claim, defense or appeal, including without limitation any motion, means that such action, claim, defense or appeal (including any motion) is frivolous, groundless in fact or in law, or vexatious, or interposed for any improper purpose, including without limitation, to cause unnecessary delay or needless increase in the cost of litigation, as determined by the court. See Alabama Code 45-39-200.08
  • 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.
  • WRITTEN NOTICE: In addition to a delivered written notice, such notice shall include notice by any other accepted means including, but not limited to, notice by "electronic mail" or its equivalent. See Alabama Code 40-17-45