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 35A Asbestos Exposure Transparency Act 6-5-690 – 6-5-694
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

  • 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 26-23H-3
  • access: To gain entry to, instruct, communicate with, store data in, retrieve or intercept data from, alter data or computer software in, or otherwise make use of any resource of a computer, computer system, or computer network. See Alabama Code 13A-8-111
  • ACCUMULATED CONTRIBUTIONS: The sum of all the amounts deducted from the compensation of a member credited to his or her individual account in the District Attorneys' Plan, together with regular interest thereon. See Alabama Code 12-17-227
  • 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 12-18-150
  • 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 12-19-271
  • 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 12-17-227
  • 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 12-18-150
  • actuary: A person who is a member in good standing of the American Academy of Actuaries. See Alabama Code 27-5A-2
  • 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 27-2B-2
  • 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 8-32-2
  • 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 8-33-2
  • 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: All representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this article. See Alabama Code 2-26-1
  • 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 8-25-1
  • 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 9-16-2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • affiliate: A person who controls, is controlled by, or is under common control with another person. See Alabama Code 10A-1-1.03
  • Affiliate: means :

    (i) a person that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities:

    (A) as a fiduciary or agent without sole discretionary power to vote the securities; or

    (B) solely to secure a debt, if the person has not in fact exercised the power to vote;

    (ii) a corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held, with power to vote, by the debtor or a person that directly or indirectly owns, controls, or holds, with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities:

    (A) as a fiduciary or agent without sole discretionary power to vote the securities; or

    (B) solely to secure a debt, if the person has not in fact exercised the power to vote;

    (iii) a person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or

    (iv) a person that operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets. See Alabama Code 8-9B-2

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agency: Any state agency responsible for administering programs under Title IV-D or Title XIX of the Social Security Act. See Alabama Code 27-21B-2
  • agent: A person who is appointed or employed by a health maintenance organization and who engages in solicitation of membership in such organization. See Alabama Code 27-21A-1
  • AGRICULTURAL CENTER BOARD: The board of that name established pursuant to Article 2 of this chapter. See Alabama Code 2-6-70
  • AGRICULTURAL FUND: The fund of that name created and administered pursuant to Article 1, Chapter 9, Title 2. See Alabama Code 2-6-70
  • AIR NAVIGATION FACILITY: Any facility used in, available for use in, or designed for use, in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems or other instrumentalities or devices used or useful as an aid or constituting an advantage or convenience to the safe taking-off, navigation and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities. See Alabama Code 4-3-1
  • AIR NAVIGATION FACILITY: Any facility used in, available for use in, or designed for use in aid of, air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking-off, navigation and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities. See Alabama Code 4-3-40
  • aircraft: Any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for use primarily as safety equipment. See Alabama Code 4-3-1
  • aircraft: Any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for use primarily as safety equipment. See Alabama Code 4-3-40
  • airport: Any area of land or water which is used, or intended for use, for the landing, taking-off, storage, parking or dispersal of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings, facilities or rights-of-way, together with all airport buildings, structures and facilities located thereon. See Alabama Code 4-3-1
  • airport: Any area of land or water which is used, or intended for use, for the landing, take-off, storage, parking or dispersal of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings, facilities or rights-of-way, together with all airport buildings, structures and facilities located thereon. See Alabama Code 4-3-40
  • AIRPORT BUILDING: Any building used or to be used in connection with the construction, enlargement, development, maintenance or operation of an airport or heliport or in connection with the exercise of any power of the authority. See Alabama Code 4-3-1
  • AIRPORT BUILDING: Any building used or to be used in connection with the construction, enlargement, development, maintenance or operation of an airport or heliport or in connection with the exercise of any power of the authority. See Alabama Code 4-3-40
  • AIRPORT FACILITY: Any building, structure, land, right-of-way, equipment or instrumentality used or to be used in connection with the construction, enlargement, development, maintenance or operation of an airport or heliport or in connection with the exercise of any power of the authority. See Alabama Code 4-3-1
  • AIRPORT FACILITY: Any building, structure, land, right-of-way, equipment or instrumentality used or to be used in connection with the construction, enlargement, development, maintenance or operation of an airport or heliport or in connection with the exercise of any power of the authority. See Alabama Code 4-3-40
  • ALABAMA INSURANCE CODE: Title 27 of the Code of Alabama 1975. See Alabama Code 27-19A-2
  • 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

  • alcoholism: A chronic disorder or illness in which the individual is unable, for psychological or physical reasons, or both, to refrain from the frequent consumption of alcohol in quantities sufficient to produce intoxication and, ultimately, injury to health and effective functioning. See Alabama Code 27-20A-1
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • annuity: Payments for life derived from the accumulated contributions of a member. See Alabama Code 12-17-227
  • 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 12-18-150
  • ANNUITY STARTING DATE: The first day for which a benefit is payable as an annuity or any other form under Section 45-49A-63. See Alabama Code 45-49A-63
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • APPEARANCE BOND: An appearance bond is an undertaking to pay the clerk of the circuit, district, or municipal court, for the use of the State of Alabama or the municipality, a specified sum of money upon the failure of a person released to comply with its conditions. See Alabama Code 15-13-101
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • applicant: A natural person who files a written application with the governing body of the city in accordance with Section 45-41A-10. See Alabama Code 45-41A-10.01
  • applicant: A natural person who files a written application with the governing body of the city in accordance with Section 45-41A-40. See Alabama Code 45-41A-40.01
  • applicant: A natural person who files a written application with the governing body of any county or municipality or public corporation or cooperative in accordance with the provisions of Section 11-89-3. See Alabama Code 11-89-1
  • applicant: A natural person who files a written application with the governing body of Marengo County, or with the governing body of any municipality in such county in accordance with Section 45-46-90. See Alabama Code 45-46-90.01
  • 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 8-13-1
  • APPLICATION FOR CONVERSION: That written application, on a form to be prescribed by the superintendent, which is filed with the superintendent requesting approval of a plan of conversion. See Alabama Code 5-7A-61
  • APPOINTING AUTHORITY: A department head. See Alabama Code 45-35A-51.01
  • Appraisal: A determination of property value.
  • appropriate municipal official: as used in this article shall mean any municipal building official or deputy and any other municipal official or municipal employee designated by the mayor or other chief executive officer of the municipality as the person to exercise the authority and perform the duties delegated by this article. See Alabama Code 11-40-31
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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 8-21C-2
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: include amended and restated articles of incorporation and, in the case of a corporation existing on January 1, 1981, its certificate of incorporation, including any amended certificate, and also include, except where the context otherwise requires, articles of merger. See Alabama Code 10A-2-1.40
  • 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 8-9A-1

  • 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 8-9B-2

  • 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 10A-1-1.03

  • 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 10A-1-1.03
  • 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 8-19-3
  • 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: A public corporation organized pursuant to the provisions of this article. See Alabama Code 4-3-1
  • authority: A public corporation organized pursuant to the provisions of this article. See Alabama Code 4-3-40
  • authority: The Civic Center Authority created by this part. See Alabama Code 45-39A-11
  • authority: The Auburn Downtown Redevelopment Authority, a public corporation organized pursuant to this part. See Alabama Code 45-41A-10.01
  • authority: The Opelika Downtown Redevelopment Authority, a public corporation organized pursuant to this part. See Alabama Code 45-41A-40.01
  • authority: A public corporation organized pursuant to the provisions of this article. See Alabama Code 11-88-1
  • authority: A public corporation organized pursuant to the provisions of Article 1 of this chapter, as amended. See Alabama Code 11-88-40
  • authority: A public corporation organized pursuant to this article. See Alabama Code 45-46-90.01
  • Authorized shares: means the shares of all classes a domestic or foreign business corporation is authorized to issue. See Alabama Code 10A-2-1.40
  • Authorized stock: means the stock of all classes and series a corporation or foreign corporation is authorized to issue. See Alabama Code 10A-2A-1.40
  • 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 COUNTY: Marengo County, Alabama, provided the governing body thereof shall have adopted an authorizing resolution. See Alabama Code 45-46-90.01
  • AUTHORIZING MUNICIPALITY: Any municipality in the county, the governing body of which shall have adopted an authorizing resolution. See Alabama Code 45-46-90.01
  • 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
  • AUTHORIZING RESOLUTION: A resolution adopted by the governing body of the city in accordance with Section 45-41A-10. See Alabama Code 45-41A-10.01
  • AUTHORIZING RESOLUTION: A resolution adopted by the governing body of the city in accordance with Section 45-41A-40. See Alabama Code 45-41A-40.01
  • AUTHORIZING RESOLUTION: A resolution, adopted by a governing body in accordance with the provisions of Section 11-89-3, that authorizes the incorporation of a district. See Alabama Code 11-89-1
  • AUTHORIZING RESOLUTION: The resolution that authorizes the incorporation of an authority, adopted by the governing body of the county or the governing body of any municipality in the county in accordance with Section 45-46-90. See Alabama Code 45-46-90.01
  • AUTHORIZING SUBDIVISION: Any county, city or town in this state whose governing body receives an application for permission to organize an authority. See Alabama Code 4-3-1
  • AUTHORIZING SUBDIVISION: Any county or municipality in this state whose governing body receives and approves an application for permission to organize an authority. See Alabama Code 4-3-40
  • AUTHORIZING SUBDIVISION: Any county or municipality or public corporation or cooperative the governing body of which shall have adopted an authorizing resolution. See Alabama Code 11-89-1
  • 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 district attorney with respect to which he or she had made contributions pursuant to Section 12-17-227. See Alabama Code 12-17-227
  • 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 12-18-150
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • 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.
  • BASIC HEALTH CARE SERVICES: Emergency care, inpatient hospital and physician care, and outpatient medical services. See Alabama Code 27-21A-1
  • Beneficial stockholder: means a person who owns the beneficial interest in stock, which may be a record stockholder or a person on whose behalf shares of stock are registered in the name of an intermediary or nominee. See Alabama Code 10A-2A-1.40
  • beneficiary: Any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this division. See Alabama Code 12-17-227
  • 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 12-18-150
  • beneficiary: The person or persons named by a member by written designation filed with the board to receive payments under this plan after the member's death. See Alabama Code 45-49A-63
  • benefit: Any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary. See Alabama Code 13A-10-60
  • 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 8-18-2
  • 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 8-18-2
  • 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 1-1-3
  • board: The Board of Agriculture and Industries of the State of Alabama. See Alabama Code 2-15-60
  • board: The board of directors of the tourism board. See Alabama Code 45-39-221
  • board: The board of directors of the authority. See Alabama Code 4-3-1
  • board: The State Board of Agriculture and Industries. See Alabama Code 9-13-241
  • board: The board of directors of the authority. See Alabama Code 4-3-40
  • board: The Lee County Alternative Sentencing Board. See Alabama Code 45-41-83.01
  • board: The board of directors of the authority. See Alabama Code 45-41A-10.01
  • board: The board of directors of the authority. See Alabama Code 45-41A-40.01
  • board: The board of directors of an authority. See Alabama Code 11-88-1
  • board: The board of directors of an authority. See Alabama Code 11-88-40
  • board: The board of directors of a district. See Alabama Code 11-89-1
  • board: The personnel board herein authorized. See Alabama Code 45-35A-51.01
  • board: The Agricultural Center Board created by Sections 2-6-1 and 2-6-2. See Alabama Code 2-6-50
  • board: The Police and Fire Pension Board as constituted under Section 45-49A-63. See Alabama Code 45-49A-63
  • board: The board of directors of an authority. See Alabama Code 45-46-90.01
  • board: The board of directors of the authority. See Alabama Code 45-37-91.01
  • BOARD OF AGRICULTURE AND INDUSTRIES: The Alabama Board of Agriculture and Industries created pursuant to Section 2-3-1. See Alabama Code 2-6-70
  • BOARD OF CONTROL: The board provided for in Section 36-27-23 to administer the retirement system. See Alabama Code 12-17-227
  • BOARD OF CONTROL: The board provided for in Section 36-27-23 to administer the retirement system. See Alabama Code 12-18-150
  • bond: Any bond authorized to be issued pursuant to the provisions of this article. See Alabama Code 4-3-1
  • bond: Any bond authorized to be issued pursuant to the provisions of this article. See Alabama Code 4-3-40
  • bonds: Bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-41A-10.01
  • bonds: Shall include bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-41A-40.01
  • bonds: Bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 11-88-1
  • bonds: Bonds, notes and certificates representing an obligation to pay money. See Alabama Code 11-89-1
  • bonds: Those bonds, including the refunding bonds, issued under and pursuant to the provisions of this article. See Alabama Code 2-5A-30
  • bonds: Includes bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-46-90.01
  • BREAK IN SERVICE: A period of absence which would constitute a break in the member's service under the Mobile County Personnel Board rules; provided, however, that periods of leave and periods of service in the uniformed services of the United States determined in accordance with Section 45-49A-63. See Alabama Code 45-49A-63
  • BREAST NUDITY: The showing of the post-pubertal human female breasts below a point immediately above the top of the areola. See Alabama Code 13A-12-200.1
  • 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 13A-7-40
  • BUILDING COMMISSION: The Building Commission created under Article 6, Chapter 9, Title 41, and any successor agency thereto. See Alabama Code 2-6-70
  • BURDEN OF INTERJECTING THE ISSUE: Shall be defined as provided in Section 13A-1-2(14). See Alabama Code 13A-5-39
  • bureau: The public corporation for which this part provides. See Alabama Code 45-37-91.01
  • Business: includes every trade, occupation, and profession for profit. See Alabama Code 10A-8A-1.02
  • BUSINESS CORPORATION: A corporation or foreign corporation as defined in Chapter 2 or Chapter 2A, as applicable. See Alabama Code 10A-1-1.03
  • BUSINESS TRUST: A business trust as defined in Chapter 16. See Alabama Code 10A-1-1.03
  • 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

  • CALLER IDENTIFICATION SERVICE: A type of telephone service which permits telephone subscribers to see the telephone number of incoming telephone calls. See Alabama Code 8-19A-3
  • CAMPING TRAILER: A vehicular unit that is mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use. See Alabama Code 8-21C-2
  • 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 13A-5-39
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • 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 10A-1-1.03
  • certificate of incorporation: as used in this chapter is synonymous to the term "certificate of formation" used in Chapter 1. See Alabama Code 10A-2A-1.40
  • CERTIFICATED OWNERSHIP INTEREST: An ownership interest of a domestic entity represented by a certificate. See Alabama Code 10A-1-1.03
  • 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 10A-1-1.03
  • CERTIFIED PRESCRIBED BURN MANAGER: An individual who successfully completes a certification program approved by the Alabama Forestry Commission. See Alabama Code 9-13-272
  • CHAMBER OF COMMERCE: That organization the headquarters of which is in the largest city to the membership in which any reputable person engaged in mercantile, manufacturing, banking, jobbing, or similar business is eligible, and which most nearly of all organizations in such city, regardless of name, performs the functions of such organizations as are commonly known as chambers of commerce. See Alabama Code 45-37-91.01
  • Chambers: A judge's office.
  • CHARITABLE ORGANIZATION: Any benevolent, philanthropic, or patriotic person, or one purporting to be such, consistent with the then-controlling definition provided in the Internal Revenue Code of the United States of America, which solicits and collects funds for charitable purposes and includes each local, county, or area division within this state of the charitable organization; provided the local, county, or area division has authority and discretion to disburse funds or property otherwise than by transfer to any parent organization. See Alabama Code 13A-9-70
  • CHARITABLE ORGANIZATION: A person or nonprofit corporation who is or holds himself or herself out to be established for a benevolent, educational, philanthropic, humane, scientific, artistic, patriotic, social welfare or advocacy, public health, environmental, conservation, civic, or other eleemosynary purpose, or a person who employs a charitable appeal as the basis for any solicitation or appeal that suggests, directly or indirectly, that the solicitation is for a charitable purpose. See Alabama Code 13A-9-80
  • CHARITABLE PURPOSE: Any charitable, benevolent, philanthropic, or patriotic purpose which is consistent with the then-controlling definition provided in the Internal Revenue Code of the United States of America. See Alabama Code 13A-9-70
  • CHARITABLE PURPOSE: Any charitable, benevolent, philanthropic, humane, patriotic, scientific, artistic, public health, social welfare, advocacy, environmental, conservation, civic, or other eleemosynary purpose as defined and amended, from time to time, by the Internal Revenue Code. See Alabama Code 13A-9-80
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • city: The City of Bessemer, Alabama. See Alabama Code 45-37A-42.02
  • city: The City of Auburn, Alabama. See Alabama Code 45-41A-10.01
  • city: The City of Opelika, Alabama. See Alabama Code 45-41A-40.01
  • city: The City of Opelika, Alabama. See Alabama Code 45-41A-41.02
  • city: The City of Mobile, Alabama. See Alabama Code 45-49A-63
  • CITY MOTEL-HOTEL ASSOCIATION: That association in the largest city the membership of which is composed of persons engaged in the hotel, motel, tourist court, or similar business in such city or in the county and which has the largest membership of any such organization in the city. See Alabama Code 45-37-91.01
  • CIVIL FINE: The monetary amount assessed by the city pursuant to this part for an adjudication of civil liability for a traffic signal violation, including municipal court costs associated with the infraction. See Alabama Code 45-41A-41.02
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • CIVIL RIGHTS ORGANIZATION: Any charitable organization exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code that is organized to protect the rights of persons against deprivation, discrimination, or denial of their right to equal protection of the laws under the Constitution of the United States of America because of color, race, religion, sex, age, disability, or national origin. See Alabama Code 13A-9-70
  • 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
  • CIVIL VIOLATION: There is hereby created a noncriminal category of law called a civil violation created and existing for the sole purpose of carrying out the terms of this part. See Alabama Code 45-41A-41.02
  • 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 8-9A-1
  • 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 8-9B-2
  • CLASSIFIED SERVICE: Includes all offices, positions, and employment in the City of Dothan as these offices, positions, and employment now or may hereafter exist, the holders of which are paid whether by salary, wages, or fees, in whole or in part, from funds of the city, except those expressly placed in the unclassified service. See Alabama Code 45-35A-51.01
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • code: This code and all amendments thereto and, with respect to any particular title, chapter, article, division, section, or other portion thereof, any act of the Legislature or other code preceding such portion of this code or subsequently replacing the same. See Alabama Code 45-39-221
  • code: The Code of Alabama 1975, as amended. See Alabama Code 45-41-141
  • code: The Internal Revenue Code of 1986, as amended from time to time. See Alabama Code 45-49A-63
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • coercion: Any of the following:

    a. See Alabama Code 13A-6-151

  • coliseum: The existing coliseum building located in the Alabama Agricultural Center in the City of Montgomery. See Alabama Code 2-6-50
  • 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 2-6-70
  • collect: To dig, cut or otherwise remove any ginseng from the location where it grew for the specific purpose of export. See Alabama Code 9-13-241
  • COMMERCIAL BUILDING: Any building, structure, or other improvement to real property, excluding, however, any dwelling that:

    a. See Alabama Code 45-41-141

  • COMMERCIAL CO-VENTURER: Any person who for profit or other commercial consideration conducts, promotes, underwrites, arranges, or sponsors a sale, performance, or event of any kind which is advertised, and which will benefit, to any extent, a charitable or religious organization. See Alabama Code 13A-9-70
  • 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 8-19A-3
  • commission: The citizens supervisory commission. See Alabama Code 45-37-121
  • commission: The Alabama Public Service Commission. See Alabama Code 8-19A-3
  • commission: The Alabama Forestry Commission. See Alabama Code 9-13-189
  • commission: The Lee County Commission or other governing body of the county. See Alabama Code 45-41-141
  • commission: The Alabama Public Service Commission;

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

  • commissioner: The Commissioner of Agriculture and Industries of the State of Alabama. See Alabama Code 2-15-60
  • commissioner: The Commissioner of the Department of Conservation and Natural Resources of the State of Alabama. See Alabama Code 9-11-391
  • commissioner: The Commissioner of Revenue of the State of Alabama. See Alabama Code 9-13-80
  • commissioner: The Alabama Commissioner of Insurance. See Alabama Code 27-5A-2
  • commissioner: The Commissioner of Agriculture and Industries or his designated representative. See Alabama Code 9-13-241
  • commissioner: The Commissioner of Insurance. See Alabama Code 27-6B-2
  • commissioner: The Commissioner of Insurance of this state. See Alabama Code 8-32-2
  • commissioner: The Commissioner of Insurance. See Alabama Code 27-21A-1
  • commissioner: The Commissioner of the Department of Insurance. See Alabama Code 8-33-2
  • committee: The Jefferson County Community Service Committee authorized in Section 45-37-249. See Alabama Code 45-37-249.02
  • committee: The citizens supervisory committee herein created. See Alabama Code 45-35A-51.01
  • 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 8-31-2
  • 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 6-5-155.1
  • company: means any franchised or other duly licensed company which is operated or intended to be operated to perform the service of receiving and amplifying the signals broadcast by one or more television stations and redistributing such signals by wire, cable or other device or means for accomplishing such redistribution, to members of the public who subscribe to such service, or distributing through such company's antennae, poles, wires, cables, conduits or other property used in providing service to its subscribers and customers any television signals whether broadcast or not. See Alabama Code 13A-8-120
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • COMPLETE WRITTEN INSTRUMENT: One which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof. See Alabama Code 13A-9-1
  • computer: An electronic, magnetic, optical, electrochemical, or other high speed data processing device or system that performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, or communication facilities that are connected or related to the device. See Alabama Code 13A-8-111
  • COMPUTER NETWORK: The interconnection of two or more computers or computer systems that transmit data over communication circuits connecting them. See Alabama Code 13A-8-111
  • COMPUTER PROGRAM: An ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data or perform specific functions. See Alabama Code 13A-8-111
  • COMPUTER SECURITY SYSTEM: The design, procedures, or other measures that the person responsible for the operation and use of a computer employs to restrict the use of the computer to particular persons or uses or that the owner or licensee of data stored or maintained by a computer in which the owner or licensee is entitled to store or maintain the data employs to restrict access to the data. See Alabama Code 13A-8-111
  • COMPUTER SERVICES: The product of the use of a computer, the information stored in the computer, or the personnel supporting the computer, including computer time, data processing, and storage functions. See Alabama Code 13A-8-111
  • COMPUTER SOFTWARE: A set of instructions or statements, and related data, that when executed in actual or modified form, cause a computer, computer system, or computer network to perform specific functions. See Alabama Code 13A-8-111
  • COMPUTER SYSTEM: A set of related or interconnected computer or computer network equipment, devices and software. See Alabama Code 13A-8-111
  • 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 9-13-80
  • 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 11-89-1
  • Constituent limited liability company: means a constituent organization that is a limited liability company. See Alabama Code 10A-5A-1.02
  • Constituent organization: means an organization that is party to a merger under Article 10. See Alabama Code 10A-5A-1.02
  • consumer: Any natural person who buys goods or services for personal, family or household use. See Alabama Code 8-19-3
  • consumer: An actual or prospective purchaser, lessee, or recipient of consumer goods or services. See Alabama Code 8-19A-3
  • 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 8-20A-1
  • consumer: An individual who leases personal property under a rental-purchase agreement. See Alabama Code 8-25-1
  • consumer: A natural person who buys, primarily for personal, family, or household purposes, and not for resale, any tangible personal property normally used for personal, family, or household purposes and not for commercial or research purposes. See Alabama Code 8-32-2
  • consumer: A natural person residing in this state. See Alabama Code 8-35-1
  • CONSUMER CREDIT REPORT: A consumer report, as defined in 15 U. See Alabama Code 8-35-1
  • 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 8-35-1
  • 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 8-19A-3
  • container: Box, carton, package, receptacle, canister, jar, dispenser, or machine that offers a product for sale or distribution, for solicitation purposes. See Alabama Code 13A-9-80
  • contemporaneous: Occurring at the same time as a surface mining operation and in conjunction with the grading activities at the site. See Alabama Code 9-16-2
  • contiguous: In actual contact, touching, as contrasted with being near but not in contact. See Alabama Code 9-16-2
  • Continuance: Putting off of a hearing ot trial until a later time.
  • CONTINUING COMMERCIAL RELATIONSHIP: Any relationship in which the equipment dealer has been granted the right to sell and/or service equipment manufactured by the supplier. See Alabama Code 8-21A-2
  • CONTRACTUAL OBLIGATION: Any obligation under covered policies or employee benefit plans. See Alabama Code 27-19A-2
  • contribution: The promise or grant of any money or property of any kind or value, including the promise to pay, except payments by members of an organization for membership fees, dues, fines, or assessments, or for services rendered to individual members, if membership in the organization confers a bona fide right, privilege, professional standing, honor, or other direct benefit, other than the right to vote, elect officers, or hold offices, and except money or property received from any governmental authority. See Alabama Code 13A-9-70
  • 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 10A-1-1.03
  • 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 9-13-120
  • CONTROLLED INSURER: A licensed insurer who is controlled, directly or indirectly, by a producer. See Alabama Code 27-6B-2
  • CONTROLLED SUBSTANCE ACTS: The provisions of Sections 20-2-1 et seq. See Alabama Code 6-5-155.1
  • 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 27-5A-2
  • CONTROLLING PRODUCER: A producer who, directly or indirectly, controls an insurer. See Alabama Code 27-6B-2
  • CONVERTED ENTITY: An entity resulting from a conversion. See Alabama Code 10A-1-1.03
  • Converted organization: means the organization into which a converting organization converts pursuant to this article. See Alabama Code 10A-2A-9.01
  • Converted organization: means the organization into which a converting organization converts pursuant to Article 10. See Alabama Code 10A-5A-1.02
  • Converting corporation: means a converting organization that is a corporation. See Alabama Code 10A-2A-9.01
  • CONVERTING ENTITY: An entity as the entity existed before the entity's conversion. See Alabama Code 10A-1-1.03
  • Converting limited liability company: means a converting organization that is a limited liability company. See Alabama Code 10A-5A-1.02
  • Converting organization: means an organization that converts into another organization pursuant to this article. See Alabama Code 10A-2A-9.01
  • Converting organization: means an organization that converts into another organization pursuant to Article 10. See Alabama Code 10A-5A-1.02
  • conviction: An adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state, any other state or territory, the United States, or a foreign nation recognized by the United States. See Alabama Code 13A-10-190
  • Conviction: A judgement of guilt against a criminal defendant.
  • cooperative: Any corporation organized under Article 9 (commencing with Section 10-4-190) of Chapter 4 of Title 10, or any successor thereto, to render water service or sewer service. See Alabama Code 11-89-1
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 2-1-1
  • corporation: Includes a domestic or foreign business corporation as defined in Chapter 2 or Chapter 2A, as applicable, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 10A-1-1.03
  • 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 2-6-50
  • corporation: The public corporation authorized to be created by this article. See Alabama Code 2-6-70
  • CORRECTIVE ORDER: An order issued by the commissioner specifying corrective actions which the commissioner has determined are required. See Alabama Code 27-2B-2
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • 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: Lauderdale County, Alabama. See Alabama Code 45-39-221
  • county: Any of the 67 counties of the state. See Alabama Code 4-3-40
  • county: Lee County, Alabama. See Alabama Code 45-41-141
  • county: Any county in the state. See Alabama Code 11-88-1
  • county: Any county in the state. See Alabama Code 11-89-1
  • county: Marengo County, Alabama. See Alabama Code 45-46-90.01
  • 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
  • coupon: Any interest coupon evidencing an installment of interest payable with respect to a bond. See Alabama Code 4-3-1
  • coupon: Any interest coupon evidencing an installment of interest payable with respect to a bond. See Alabama Code 4-3-40
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 10A-1-1.03
  • 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 POLICY OR PLAN: Any policy, employee benefit plan, or contract within the scope of this chapter. See Alabama Code 27-19A-2
  • 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 8-9A-1
  • Creditor: means a person that has a claim. See Alabama Code 8-9B-2
  • CULTIVATED GINSENG: Ginseng that has been planted and cultivated by standard horticultural practices. See Alabama Code 9-13-241
  • CURRENT NET PRICE: The dealer's price as listed in the supplier's effective price list and/or catalog. See Alabama Code 8-21A-2
  • customer: Any person who causes a molder to make a form or to use a form to make a product. See Alabama Code 8-28-1
  • CUSTOMER PREMISES EQUIPMENT: Equipment employed on the premises of a person, other than a telecommunications service provider, to originate, route, or terminate telecommunications. See Alabama Code 45-39-250
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • data: A representation of information, knowledge, facts, concepts, or instructions, which are prepared and are intended for use in a computer, computer system, or computer network. See Alabama Code 13A-8-111
  • day: When used in the computation of time excludes the first day and includes the last day of the period so computed, unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. See Alabama Code 10A-1-1.03
  • dealer: Any person who buys and sells seed in Alabama. See Alabama Code 2-26-1
  • 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 8-21C-2
  • 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 8-34-1
  • debt: Liability on a claim. See Alabama Code 8-9A-1
  • Debt: means liability on a claim. See Alabama Code 8-9B-2
  • debtor: A person who is liable on a claim. See Alabama Code 8-9A-1
  • Debtor: means a person that is liable on a claim. See Alabama Code 8-9B-2
  • Decedent: A deceased person.
  • deception: Any of the following:

    a. See Alabama Code 13A-6-151

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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 12-19-271
  • Defense attorney: Represent defendants in criminal matters.
  • delivery: means any method of delivery used in conventional commercial practice, including delivery by hand, mail, commercial delivery, and, if authorized in accordance with Section 10A-2A-1. See Alabama Code 10A-2A-1.40
  • DENTAL CARE SERVICES: Any services furnished to any person for the purpose of preventing, alleviating, curing, or healing human dental illness or injury. See Alabama Code 27-19A-2
  • dentist: Any person who furnishes dental care services and who is licensed as a dentist by the State of Alabama. See Alabama Code 27-19A-2
  • department: The Department of Agriculture and Industries of the State of Alabama. See Alabama Code 2-15-60
  • department: The Department of Conservation and Natural Resources of the State of Alabama. See Alabama Code 9-11-391
  • department: State Department of Conservation and Natural Resources. See Alabama Code 9-11-430
  • department: The Department of Revenue of the State of Alabama. See Alabama Code 9-13-80
  • department: The Alabama Department of Public Health. See Alabama Code 27-3A-3
  • department: The Department of Agriculture and Industries. See Alabama Code 9-13-241
  • 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 9-16-2
  • department: The State Banking Department as provided for and created in Section 5-2A-1. See Alabama Code 5-7A-61
  • department: The Department of Insurance. See Alabama Code 8-33-2
  • 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.
  • DETERMINING COUNTY: Any county the governing body of which shall have made findings and determinations of fact in accordance with the provisions of Section 11-88-3. See Alabama Code 11-88-1
  • detonator: A device containing a detonating charge that is used to initiate detonation in an explosive, including, but not limited to, electric blasting caps, blasting caps for use with safety fuses, and detonating cord delay connectors. See Alabama Code 13A-10-190
  • detoxification: Supervised physical withdrawal from alcohol. See Alabama Code 27-20A-1
  • Devise: To gift property by will.
  • DIRECT SEEDING: The planting of seeds by hand sowing, machine sowing, or aerial seeding. See Alabama Code 9-16-2
  • director: An individual who serves on the board of directors, by whatever name known, of a foreign or domestic corporation. See Alabama Code 10A-1-1.03
  • director: The Director of the Alabama State Law Enforcement Agency. See Alabama Code 13A-10-190
  • director: A member of the board. See Alabama Code 45-39-221
  • director: A member of the board of directors of the authority. See Alabama Code 4-3-1
  • director: A member of the board of directors of the authority. See Alabama Code 4-3-40
  • 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 9-16-2
  • director: A member of the board of the authority. See Alabama Code 45-41A-10.01
  • director: A member of the board of the authority. See Alabama Code 45-41A-40.01
  • director: A member of the board of directors of the authority. See Alabama Code 11-88-1
  • director: A member of the board of directors of the district. See Alabama Code 11-89-1
  • director: The personnel director herein created. See Alabama Code 45-35A-51.01
  • director: A member of the board of directors of the authority. See Alabama Code 45-46-90.01
  • DISCLOSURE LABEL: A printed or typed notice affixed to a container, in a conspicuous place and accessible to the public, that is easily readable and legible that informs the public of the following:

    a. See Alabama Code 13A-9-80

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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 6-5-621
  • 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
  • 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 8-13-1
  • 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 8-13-1

  • distribute: The actual, constructive, or attempted transfer from one person to another. See Alabama Code 13A-10-190
  • 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: A transfer of property, including cash, from an entity to an owner or member of the entity in the owner's or member's capacity as an owner or member. See Alabama Code 10A-1-1.03
  • 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 10A-2-1.40
  • Distribution: means a direct or indirect transfer of cash or other property (except a corporation's own stock) or incurrence of indebtedness by a corporation to or for the benefit of its stockholders in respect of any of its stock. See Alabama Code 10A-2A-1.40
  • distributor: Any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing. See Alabama Code 8-18-2
  • distributor: Any person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers. See Alabama Code 8-21C-2
  • 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: A public corporation organized pursuant to the provisions of this chapter. See Alabama Code 11-89-1
  • DISTRICT ATTORNEY: Except as otherwise provided in Section 12-17-227. See Alabama Code 12-17-227
  • 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 8-19A-3
  • DOCK FACILITIES: Docks and all kinds of dock facilities, including elevators, warehouses, water and rail terminals, wharves, piers, quays, compresses, and other related structures, facilities, and improvements that may be needed for the convenient use of the inland waterways of the state, as well as the land on which such facilities are located, which lie within the county. See Alabama Code 45-46-90.01
  • Docket: A log containing brief entries of court proceedings.
  • Document: means a writing as defined in Chapter 1. See Alabama Code 10A-2A-1.40
  • 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 8-19A-3
  • domestic: With respect to an entity, that the entity is formed and exists pursuant to this title. See Alabama Code 10A-1-1.03
  • 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 10A-2-1.40
  • DOMESTIC ENTITY: An organization formed and existing pursuant to this title. See Alabama Code 10A-1-1.03
  • DOMESTIC INSURER: Any insurer domiciled in this state. See Alabama Code 27-2B-2
  • 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 13A-6-141
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • DOWNTOWN DEVELOPMENT AREA: The central business district of the city as described in subsection (b) of Section 45-41A-10. See Alabama Code 45-41A-10.01
  • DOWNTOWN DEVELOPMENT AREA: The central business district of the city as described in subsection (b) of Section 45-41A-40. See Alabama Code 45-41A-40.01
  • DRIED GINSENG: Ginseng roots that have been dried to remove moisture. See Alabama Code 9-13-241
  • 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 13A-5-39
  • 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

  • ECTOPIC PREGNANCY: Any pregnancy resulting from either a fertilized egg that has implanted or attached outside the uterus or a fertilized egg implanted inside the cornu of the uterus. See Alabama Code 26-23H-3
  • EDUCATIONAL INSTITUTION: A school, college, or other institution which has a defined curriculum, student body, and faculty and which conducts classes on a regular basis. See Alabama Code 13A-9-70
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 10A-1-1.03
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 8-9B-2
  • 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
  • ELECTRONIC MAIL MESSAGE: A message sent to a unique destination that consists of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which such message can be sent or delivered. See Alabama Code 13A-8-111
  • Eligible entity: means an unincorporated entity, foreign unincorporated entity, nonprofit corporation, or foreign nonprofit corporation. See Alabama Code 10A-2A-1.40
  • Eligible interests: means interests or memberships. See Alabama Code 10A-2A-1.40
  • 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 2-6-70
  • 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 10A-2-1.40
  • Employee: includes an officer, but not a director. See Alabama Code 10A-2A-1.40
  • employee: A person in the classified service herein set up and appointed by the appointing authority, unless herein expressly excepted. See Alabama Code 45-35A-51.01
  • EMPLOYEE BENEFIT PLAN: Any plan, fund, or program heretofore or hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that such plan, fund, or program was established or is maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, dental care benefits in the event of accident or sickness. See Alabama Code 27-19A-2
  • employer: The State of Alabama or any department, agency, or local governing body by which a district attorney is paid. See Alabama Code 12-17-227
  • employer: The State of Alabama or any department, agency, or local governing body by which a judge or clerk is paid. See Alabama Code 12-18-150
  • EMPLOYMENT REGISTER: Typewritten lists containing the names of those applicants who have successfully passed mental tests for initial employment within the classified service for any specific position and which names are listed in the order of final grades attained on such tests from the highest grade attained to the lowest grade attained. See Alabama Code 45-35A-51.01
  • 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 8-19A-3
  • 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 27-3A-3
  • enrollee: An individual who is enrolled in a health maintenance organization. See Alabama Code 27-21A-1
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • entity: A domestic entity or foreign entity. See Alabama Code 10A-1-1.03
  • 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 10A-2-1.40
  • Entity: includes corporation; foreign corporation; nonprofit corporation; foreign nonprofit corporation; estate; trust; unincorporated entity; foreign unincorporated entity; and state, United States, and foreign government. See Alabama Code 10A-2A-1.40
  • 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 8-21A-2
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • equity security: when used in this chapter, means any stock or similar security or any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security, or any such warrant or right or any other security which the commissioner shall deem to be of similar nature and consider necessary or appropriate, by such rules and regulations as he may prescribe in the public interest or for the protection of investors, to treat as an equity security. See Alabama Code 27-27-58
  • EQUIVALENT ACTUARIAL VALUE: The equivalent value when computed on the basis of the 1995 Buck Mortality Table (Male) for Members, the 1995 Buck Mortality Table (Female) for Beneficiaries, and an interest rate of seven percent per year, compounded annually. See Alabama Code 45-49A-63
  • 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
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • EVIDENCE OF COVERAGE: Any certificate, agreement, or contract issued to an enrollee setting out the coverage to which he is entitled. See Alabama Code 27-21A-1
  • Ex officio: Literally, by virtue of one's office.
  • examination: Physical fitness evaluation to include annual or other physical examinations, physical fitness examinations, final physical examinations, or any other type of physical examinations as prescribed by the personnel board or the director to determine the physical fitness of initial applicants for employment within the classified service and the physical fitness of classified employees now assigned, to qualify physically for the positions they now occupy or expect to occupy within the classified service. See Alabama Code 45-35A-51.01
  • EXCEEDS AUTHORIZATION OF USE: Accessing a computer, computer network, or other digital device with actual or perceived authorization, and using such access to obtain or alter information that the accessor is not entitled to obtain or alter. See Alabama Code 13A-8-111
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • 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 8-18-2
  • 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
  • Expenses: means reasonable expenses of any kind that are incurred in connection with a matter. See Alabama Code 10A-2A-1.40
  • 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 13A-7-40
  • explosive: A chemical compound or other substance or mechanical system intended for the purpose of producing an explosion capable of causing injury to persons or damage to property or containing oxidizing and combustible units or other ingredients in proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to persons or damage to property. See Alabama Code 13A-10-190
  • explosives: Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by detonator or by chemical action of any part of the compound or mixture may cause a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. See Alabama Code 13A-7-40
  • 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 9-13-241
  • export: To send or cause to be sent outside of the State of Alabama from inside the state. See Alabama Code 13A-12-200.1
  • 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 8-20A-1
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • FACTORY CAMPAIGN: An effort on the part of a warrantor to contact recreational vehicle owners or dealers in order to address a part or equipment issue. See Alabama Code 8-21C-2
  • 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 price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • 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
  • FALSELY ALTER: To "falsely alter" a written instrument means to change, without lawful authority, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, addition or transportation of matter, or in any other manner, so that the instrument so changed falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him. See Alabama Code 13A-9-1
  • FALSELY COMPLETE: To "falsely complete" a written instrument means to transform, by adding, inserting or changing matter, an incomplete written instrument into a complete one, without lawful authority, so that the completed written instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him. See Alabama Code 13A-9-1
  • FALSELY MAKE: To "falsely make" a written instrument means to make or draw a complete written instrument in its entirety, or an incomplete written instrument, which purports to be authentic creation of its ostensible maker, but which is not either because the ostensible maker is fictitious or because, if real, he did not authorize the making or drawing thereof. See Alabama Code 13A-9-1
  • FAMILY MEMBER: A spouse or a child, grandchild, parent, sibling, niece, or nephew, or the spouse thereof. See Alabama Code 8-21C-2
  • 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 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • felony: An offense punishable by imprisonment for a term of one year or more, and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. See Alabama Code 13A-10-190
  • FERROUS METALS: Any metals containing significant quantities of iron or steel, excluding motor vehicles purchased in accordance with Section 32-8-87. See Alabama Code 13A-8-30
  • Fiduciary: A trustee, executor, or administrator.
  • FIFTH WHEEL: Coupling between a trailer and a vehicle used for towing. See Alabama Code 13A-8-1
  • FIFTH WHEEL TRAILER: A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use and of such size and weight as not to require a special highway movement permit and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle. See Alabama Code 8-21C-2
  • FILING ENTITY: A domestic entity that is a corporation, limited partnership, limited liability limited partnership, limited liability company, professional association, employee cooperative corporation, or real estate investment trust. See Alabama Code 10A-1-1.03
  • Filing entity: means an unincorporated entity, other than a limited liability partnership, that is of a type that is created by filing a public organic record or is required to file a public organic record that evidences its creation. See Alabama Code 10A-2A-1.40
  • FILING INSTRUMENT: An instrument, document, or statement that is required or permitted by this title to be delivered for filing by or for an entity to a filing officer. See Alabama Code 10A-1-1.03
  • FILING OFFICER: The officer with whom a filing instrument is required or permitted to be delivered for filing pursuant to this title. See Alabama Code 10A-1-1.03
  • FINAL AVERAGE SALARY: For a member who first became a uniformed officer prior to March 28, 1990, the average of the member's salary for his or her final 36 months of service and, for a member who first became a uniformed officer on or after March 28, 1990, the average of the member's salary for his or her final 60 months of service. See Alabama Code 45-49A-63
  • 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 INSTITUTION: A bank, insurance company, credit union, safety deposit company, savings and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment. See Alabama Code 13A-8-1
  • FINANCIAL INSTRUMENT: Includes, but is not limited to, any check, cashier's check, draft, warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security, or any computer system representation thereof. See Alabama Code 13A-8-111
  • 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 FACILITY: Land, plants, systems, facilities, buildings, fire engines, fire hydrants, ladders, equipment, hoses, alarm apparatus, chemicals, uniforms, supplies, or any combination of any thereof used or useful or capable of future use in furnishing fire protection service and all other property deemed necessary or desirable by the authority for use in furnishing fire protection service. See Alabama Code 11-88-1
  • FIRE PROTECTION FACILITY: Land, plants, systems, facilities, buildings, fire engines, fire hydrants, ladders, equipment, hoses, alarm apparatus, chemicals, uniforms, supplies or any combination of any thereof used or useful or capable of future use in furnishing fire protection service and all other property deemed necessary or desirable by the district for use in furnishing fire protection service. See Alabama Code 11-89-1
  • 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 11-88-1
  • 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 11-89-1
  • firearm: A weapon from which a shot is discharged by gunpowder. See Alabama Code 13A-8-1
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • florence: The City of Florence, Alabama. See Alabama Code 45-39-221
  • FLOWER SEED: The seeds of all plants grown for ornamental purposes, either for domestic or commercial purposes, and which are generally known and sold under the name of flower seed in this state. See Alabama Code 2-26-1
  • 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 10A-1-1.03
  • 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 10A-2-15.40

  • Foreign corporation: means a business corporation incorporated under a law other than the law of this state. See Alabama Code 10A-2-1.40
  • foreign corporation: means an entity incorporated or existing under this chapter. See Alabama Code 10A-2A-1.40
  • FOREIGN ENTITY: An organization formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • FOREIGN FILING ENTITY: A foreign entity that registers or is required to register as a foreign entity under Article 7. See Alabama Code 10A-1-1.03
  • FOREIGN INSURER: Any insurer which is licensed to do business in this state but not domiciled in this state. See Alabama Code 27-2B-2
  • Foreign limited liability company: means a limited liability company governed by the laws of a jurisdiction other than this state which would be a limited liability company if governed by the laws of this state. See Alabama Code 10A-5A-1.02
  • FOREIGN LIMITED LIABILITY PARTNERSHIP: A foreign limited liability partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • Foreign limited liability partnership: means a foreign partnership whose partners have limited liability for the debts, obligations, or other liabilities of the foreign partnership under a provision similar to Section 10A-8A-3. See Alabama Code 10A-8A-1.02
  • FOREIGN LIMITED PARTNERSHIP: A foreign limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • Foreign nonprofit corporation: means a corporation incorporated under a law other than the law of this state which would be a nonprofit corporation if incorporated under the law of this state. See Alabama Code 10A-2A-1.40
  • Foreign partnership: means a partnership governed by the laws of a jurisdiction other than this state which would be a partnership if governed by the laws of this state. See Alabama Code 10A-8A-1.02
  • 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 9-13-189
  • FOREST PRODUCTS: Logs, pulpwood, poles, pilings, inwoods pulpwood chips, and stumpwood (tarwood). See Alabama Code 9-13-80
  • 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 9-13-120
  • forestland: Land on which forest trees occur. See Alabama Code 9-13-120
  • FORGED INSTRUMENT: A written instrument which has been falsely made, completed or altered. See Alabama Code 13A-9-1
  • 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 8-28-1
  • FRATERNAL BENEFIT SOCIETY: Any insurer licensed under Chapter 34. See Alabama Code 27-2B-2
  • Fraud: Intentional deception resulting in injury to another.
  • fund: The Judicial Retirement Fund provided for in Chapter 18 of this title. See Alabama Code 12-17-227
  • fund: The Judicial Retirement Fund provided for in this chapter. See Alabama Code 12-18-150
  • fund: The assets of the plan held in trust by the board pursuant to Section 45-49A-63. See Alabama Code 45-49A-63
  • 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 10A-1-1.03
  • GENERAL PROPERTY INSTRUMENT: A real property instrument that affects the title to personal property as well as real property. See Alabama Code 45-41-84.01
  • GENITAL NUDITY: The showing of the human male or female genitals or pubic area. See Alabama Code 13A-12-200.1
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • ginseng: The plant Panax quinquefolius L. See Alabama Code 9-13-241
  • GINSENG COLLECTOR: Any person who intentionally removes wild ginseng from the location in which the plant grew for the purpose of sale, resale or export. See Alabama Code 9-13-241
  • GINSENG DEALER: Any person who collects or purchases ginseng for the purpose of reselling, selling, manufacturing or exporting same. See Alabama Code 9-13-241
  • GINSENG GROWER: Any person who grows cultivated ginseng as a commercial crop. See Alabama Code 9-13-241
  • 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 8-13-1
  • 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 8-13-1

  • 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 8-21A-2
  • 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 8-19-3
  • GOVERNING AUTHORITY: A person or group of persons who are entitled to manage and direct the affairs of an entity pursuant to this title and the governing documents of the entity, except that if the governing documents of the entity or this title divide the authority to manage and direct the affairs of the entity among different persons or groups of persons according to different matters, governing authority means the person or group of persons entitled to manage and direct the affairs of the entity with respect to a matter under the governing documents of the entity or this title. See Alabama Code 10A-1-1.03
  • 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 BODY: With respect to the city, its city council, board of commissioners, or other like governing body. See Alabama Code 45-41A-10.01
  • GOVERNING BODY: With respect to the city, its city council, board of commissioners, or other like governing body. See Alabama Code 45-41A-40.01
  • GOVERNING BODY: The county commission of a county. See Alabama Code 11-88-1
  • GOVERNING BODY: The county commission of a county. See Alabama Code 11-88-40
  • GOVERNING BODY: With respect to a county, its county commission, and, with respect to a municipality, its city or town council, board of commissioners or other like governing body and, with respect to a public corporation or a cooperative, its board of directors. See Alabama Code 11-89-1
  • GOVERNING BODY: With respect to a municipality, its city or town council, board of commissioners, or other like governing body. See Alabama Code 45-46-90.01
  • GOVERNING PERSON: A person serving as part of the governing authority of an entity. See Alabama Code 10A-1-1.03
  • Governing statute: means the statute governing the internal affairs of a corporation, foreign corporation, nonprofit corporation, foreign nonprofit corporation, unincorporated entity, or foreign unincorporated entity. See Alabama Code 10A-2A-1.40
  • Governing statute: means the statute that governs an organization's internal affairs. See Alabama Code 10A-5A-1.02
  • government: Such term is defined as in Section 13A-8-1(5). See Alabama Code 13A-9-1
  • government: The United States, any state or any county, municipality, or other political unit within territory belonging to the United States, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government, or any corporation or agency formed pursuant to interstate compact or international treaty. See Alabama Code 13A-8-1
  • 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 2-5A-30
  • 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.
  • GREEN GINSENG: Ginseng roots retaining moisture, not dried. See Alabama Code 9-13-241
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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.
  • harm: Partial or total alteration, damage, or erasure of stored data, interruption of computer services, introduction of a virus, or any other loss, disadvantage, or injury that might reasonably be suffered as a result of the actor's conduct. See Alabama Code 13A-8-111
  • HARMFUL TO MINORS: The term means:

    a. See Alabama Code 13A-12-200.1

  • HEALTH CARE SERVICES: Any services included in the furnishing to any individual of medical or dental care, or hospitalization or incident to the furnishing of such care or hospitalization, as well as the furnishing to any person of any and all other services for the purpose of preventing, alleviating, curing, or healing human illness, injury, or physical disability. See Alabama Code 27-21A-1
  • HEALTH INSURANCE POLICY: Any individual, group, blanket, or franchise insurance policy, insurance agreement, or group hospital service contract providing benefits for dental care expenses incurred as a result of an accident or sickness. See Alabama Code 27-19A-2
  • HEALTH MAINTENANCE ORGANIZATION: Any person that undertakes to provide or arrange for basic health care services through an organized system which combines the delivery and financing of health care to enrollees. See Alabama Code 27-21A-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 27-2B-2
  • 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.
  • heliport: An airport designed primarily for use by helicopters. See Alabama Code 4-3-1
  • heliport: An airport designed primarily for use by helicopters. See Alabama Code 4-3-40
  • HIGHLY COMPENSATED EMPLOYEE: An individual described in Section 414(q) of the code. See Alabama Code 45-49A-63
  • highwall: The unexcavated face of exposed overburden or mineral in an opencast mine or the face or bank on the uphill side of a contour surface mine excavation. See Alabama Code 9-16-2
  • IDENTIFICATION DOCUMENT: Any document containing data that is issued to an individual and which that individual, and only that individual, uses alone or in conjunction with any other information for the primary purpose of establishing his or her identity or accessing his or her financial information or benefits. See Alabama Code 13A-8-111
  • IDENTIFYING INFORMATION: Specific details that can be used to access a person's financial accounts, obtain identification, or to obtain goods or services, including, but not limited to:

    a. See Alabama Code 13A-8-111

  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • import: To bring or cause to be brought into the State of Alabama from outside of the state. See Alabama Code 13A-12-200.1
  • IMPROPER MEANS: "Improper means" are means such as:

    a. See Alabama Code 8-27-2

  • 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
  • improvement: Any sanitary sewage treatment or sewage disposal plant or any sanitary sewer, including mains, laterals, trunk lines, collector lines, outfall lines, force mains, and appurtenant facilities. See Alabama Code 11-88-40
  • incendiary: A flammable or combustible liquid or compound with a flash point of 100 degrees Fahrenheit or less as determined by Tagliabue or equivalent closed-cup device including, but not limited to, gasoline, kerosene, fuel oil, or a derivative of these substances. See Alabama Code 13A-10-190
  • 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 8-33-2
  • includes: Is not a limiting term. See Alabama Code 8-9A-1
  • INCOMPLETE WRITTEN INSTRUMENT: One which contains some matter by way of content or authentication, but which requires additional matter in order to render it a complete written instrument. See Alabama Code 13A-9-1
  • incorporators: The persons forming a public corporation organized pursuant to this part. See Alabama Code 45-41A-10.01
  • incorporators: The persons forming a public corporation organized pursuant to this part. See Alabama Code 45-41A-40.01
  • incorporators: The persons forming a public corporation organized pursuant to the provisions of this chapter. See Alabama Code 11-89-1
  • incorporators: The persons forming a public corporation organized pursuant to this article. See Alabama Code 45-46-90.01
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • indenture: A mortgage, an indenture of mortgage, deed of trust, trust agreement or trust indenture executed by the authority as security for bonds. See Alabama Code 4-3-1
  • indenture: A mortgage, an indenture of mortgage, deed of trust, trust agreement or trust indenture executed by the authority as security for bonds. See Alabama Code 4-3-40
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • individual: A 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 8-19A-3
  • individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 10A-1-1.03
  • 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 9-13-120
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • INPATIENT TREATMENT FOR ALCOHOLISM: Care provided in a licensed hospital and is normally limited to detoxification where severe medical or psychiatric complications are present or may be anticipated. See Alabama Code 27-20A-1
  • insider: Includes:

    a. See Alabama Code 8-9A-1

  • 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 8-9B-2

  • 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 10A-1-1.03
  • inspector: Any authorized employee of the department under the direction of the director. See Alabama Code 9-16-2
  • insurer: As defined in Section 27-1-2, including, without limitation, any fraternal benefit society and any health organization. See Alabama Code 27-2B-2
  • 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 27-5A-2
  • insurer: Such term shall have the meaning ascribed in Section 27-1-2. See Alabama Code 27-19A-2
  • insurer: Every insurer authorized in this state to issue contracts of accident and sickness insurance. See Alabama Code 27-21A-1
  • insurer: A health insurer, including a group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974, a health maintenance organization, or an entity offering a service benefit plan. See Alabama Code 27-21B-2
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • INTEGRATED CIRCUIT CARD: Also known as a smart card or chip card, a pocket sized, plastic card with embedded integrated circuits used for data storage or special purpose processing used to validate personal identification numbers (PINs), authorize purchases, verify account balances and store personal records. See Alabama Code 13A-8-111
  • INTENT TO DEFRAUD: A purpose to use deception, as defined in Section 13A-8-1(1), or to injure another person's interest which has value, as defined in Section 13A-8-1(14). See Alabama Code 13A-9-1
  • 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: means either or both of the following rights under the governing statute governing an unincorporated entity:

    (i) the right to receive distributions from the entity either in the ordinary course or upon liquidation; or

    (ii) the right to receive notice or vote on issues involving its internal affairs, other than as an agent, assignee, proxy, or person responsible for managing its business and affairs. See Alabama Code 10A-2A-1.40

  • 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
  • INTERESTED PARTY: Includes the following parties:

    a. See Alabama Code 11-40-62

  • 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.
  • 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 8-21A-2
  • inventory: A list of and the wholesale cost of goods, wares, and merchandise. See Alabama Code 8-13-1
  • 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 8-18-2
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • 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 tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • JUDGE OF PROBATE: The judge of probate of the county in which a domestic entity is required or permitted to deliver a filing instrument for filing pursuant to this title. See Alabama Code 10A-1-1.03
  • 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 12-18-150
  • 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
  • jurat: A clause wherein a notary public or other attesting officer authorized by law to administer oaths in connection with affidavits, depositions and other subscribed written instruments certifies that the subscriber has appeared before him and sworn to the truth of the contents thereof. See Alabama Code 13A-10-100
  • juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 1-1-1
  • juror: Any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. See Alabama Code 13A-10-120
  • Juror: A person who is on the jury.
  • knowingly: means either actual awareness or should have reasonably known. See Alabama Code 6-5-155.1
  • 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
  • labeling: All labels and other written, printed or graphic representations in any form whatsoever accompanying and pertaining to any seed, whether in bulk or in containers, and such term includes invoices and other bills of shipment. See Alabama Code 2-26-1
  • 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 13A-6-151
  • 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 10A-1-1.03
  • LAW ENFORCEMENT OFFICER: A duly constituted and certified peace officer of the State of Alabama or of any county or municipality within the state. See Alabama Code 13A-8-30
  • 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 2-6-50
  • leave: A period of absence from work during which the member is entitled to a leave under the Family and Medical Leave Act of 1993 and its regulations (i) in order to care for the member's child following the birth of the child, (ii) because of the placement of a child with the member for adoption or foster care, (iii) because of a serious health condition that makes the member unable to perform his or her duties as a uniformed officer, or (iv) for purposes of caring for his or her child, spouse, or parent having a serious health condition. See Alabama Code 45-49A-63
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • 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 8-20A-1
  • 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 9-13-189
  • LETHAL ANOMALY: A condition from which an unborn child would die after birth or shortly thereafter or be stillborn. See Alabama Code 26-23H-3
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: A license, certificate of registration, or other legal authorization. See Alabama Code 10A-1-1.03
  • 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 8-18-2
  • 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 PRODUCER: An insurance producer or reinsurance intermediary licensed pursuant to the applicable provision of the insurance law. See Alabama Code 27-5A-2
  • 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 10A-1-1.03
  • 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 8-9A-1
  • 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 8-9B-2
  • 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 27-2B-2
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 10A-1-1.03
  • Limited liability company agreement: means any agreement (whether referred to as a limited liability company agreement, operating agreement or otherwise), written, oral or implied, of the member or members as to the activities and affairs of a limited liability company or series thereof. See Alabama Code 10A-5A-1.02
  • LIMITED LIABILITY LIMITED PARTNERSHIP: A limited liability limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • LINE-MAKE: A specific series of recreational vehicle products that meets all of the following specifications:

    a. See Alabama Code 8-21C-2

  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • livestock: Cattle, swine, sheep, goats, equine or equidae, ratites, and poultry. See Alabama Code 2-15-60
  • 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 2-15-60
  • 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 8-34-1
  • 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
  • MAINTENANCE AGREEMENT: A contract of limited duration that provides for scheduled maintenance only. See Alabama Code 8-32-2
  • MANAGERIAL OFFICIAL: An officer or a governing person. See Alabama Code 10A-1-1.03
  • 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 8-20A-1
  • 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 9-13-80
  • manufacturer: Any person, firm, corporation, or business entity that engages in the manufacture of recreational vehicles. See Alabama Code 8-21C-2
  • manufacturer: A person that is one of the following:

    a. See Alabama Code 8-32-2

  • 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 8-21C-2
  • manufacturing: The production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin or independent means of chemical synthesis, including any packaging or repackaging of the drug or labeling or relabeling of its container. See Alabama Code 6-5-155.1
  • manufacturing: The process of combining two or more components necessary to produce a destructive device, over-pressure device, explosive, detonator, or poison gas, with the exception of commercially manufactured reactive targets used for recreational shooting purposes, or manufactured under provisions set forth under a permit issued by the State Fire Marshal. See Alabama Code 13A-10-190
  • MARINE MAMMAL: Any mammal which is morphologically adapted to the marine environment or primarily inhabits the marine environment. See Alabama Code 9-11-391
  • MARINE MAMMAL PRODUCT: Any item of merchandise which consists or is composed, in whole or in part, of any marine mammal. See Alabama Code 9-11-391
  • 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 2-6-70
  • MASCULINE GENDER: Comprehends all other genders. See Alabama Code 45-35A-51.01
  • material: A statement is "material" regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding. See Alabama Code 13A-10-100
  • 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
  • mayor: The mayor or other chief executive officer of a municipality. See Alabama Code 45-39A-11
  • MECHANICAL BREAKDOWN INSURANCE: For purposes of this chapter, a policy, contract, or agreement issued by an authorized insurance company directly to a consumer or other owner of property that provides for, among other coverages, the repair, replacement, or maintenance of property or indemnification for repair, replacement, or maintenance, for the operational or structural failure of the property due to a defect in materials or workmanship or due to normal wear and tear. See Alabama Code 8-32-2
  • MEDICAL BOARD: The board of physicians provided for in Section 36-27-23. See Alabama Code 12-17-227
  • MEDICAL BOARD: The board of physicians provided for in Section 36-27-23. See Alabama Code 12-18-150
  • MEDICAL EMERGENCY: A condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that her pregnancy must be terminated to avoid a serious health risk as defined in this chapter. See Alabama Code 26-23H-3
  • member: Any district attorney included in membership of the plan. See Alabama Code 12-17-227
  • member: Any judge or clerk included in membership of the plan. See Alabama Code 12-18-150
  • Member: means a person admitted under Section 10A-5A-4. See Alabama Code 10A-5A-1.02
  • member: Any person included in the membership of the plan, as provided in Subpart 2. See Alabama Code 45-49A-63
  • MEMBERSHIP SERVICE: Service as a district attorney on account of which contributions are made. See Alabama Code 12-17-227
  • MEMBERSHIP SERVICE: Service as a judge or clerk on account of which contributions are made. See Alabama Code 12-18-150
  • MENTAL SUFFERING: A high degree of mental pain or emotional disturbances, such as distress, anxiety, public humiliation, or psychosomatic physical symptoms. See Alabama Code 13A-6-151
  • merchandise: The personal property that is the subject of a rental-purchase agreement. See Alabama Code 8-25-1
  • merchant: A person who, directly or indirectly, offers or makes available to consumers any consumer goods or services. See Alabama Code 8-19A-3
  • 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 8-25-1
  • 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 10A-1-1.03

  • Merger: means a transaction pursuant to Section 10A-2A-11. See Alabama Code 10A-2A-1.40
  • METAL PROPERTY: Metals as defined in this section as either ferrous or nonferrous metals. See Alabama Code 13A-8-30
  • MIGRATORY WATERFOWL: Any wild duck, wild goose, brant or coot (poule d'eau). See Alabama Code 9-11-430
  • MINIMUM BID PRICE: The price that equals the Redemption Amount. See Alabama Code 11-40-62
  • 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 13A-6-151
  • 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 8-28-1
  • moratorium: A complete cessation of the taking of marine mammals, except as provided in this article. See Alabama Code 9-11-391
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • MOTOR HOME: A motorized, vehicular unit designed to provide temporary living quarters for recreational, camping, or travel use. See Alabama Code 8-21C-2
  • 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 8-20A-1
  • MUNICIPAL CODE LIEN: Any lien that has been levied against real property by a Class 2 municipality that is the result of the non-payment of any fine, penalty, abatement cost, or enforcement cost incurred by a Class 2 municipality related to the enforcement of state or local housing and building codes. See Alabama Code 11-40-62
  • MUNICIPAL CODE LIEN PAYOFF: The principal amount of a municipal code lien, interest accrued at the rate of seven and one-half percent per annum from the date the municipal code lien was filed in the office of the judge of the probate, any fees or costs incurred in the collection of such a lien under this article including, without limitations, the cost of title examinations and publication of notices, and any other penalties allowable under either state law or under an ordinance or resolution enacted by the Class 2 municipality. See Alabama Code 11-40-62
  • 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: Any of the incorporated municipal corporations of the state, whether classified as city or town. See Alabama Code 4-3-40
  • municipality: An incorporated city or town. See Alabama Code 45-41-141
  • municipality: An incorporated city or town of the state. See Alabama Code 11-89-1
  • municipality: An incorporated city or town in Marengo County, Alabama. See Alabama Code 45-46-90.01
  • naic: The National Association of Insurance Commissioners. See Alabama Code 27-2B-2
  • 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
  • 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 27-2B-2
  • NEW TERRITORY: Any territory added, by amendment to the certificate of incorporation of a district, to the area or areas in which that district is authorized to render water service, fire protection service, sewer service or any thereof. See Alabama Code 11-89-1
  • 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 8-20A-1
  • NONFERROUS METALS: Metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum other than aluminum cans, bronze, lead, zinc, nickel, stainless steel, and alloys thereof, including stainless steel beer kegs. See Alabama Code 13A-8-30
  • NONPROFIT ASSOCIATION: An unincorporated nonprofit association as defined in Chapter 17. See Alabama Code 10A-1-1.03
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 10A-1-1.03
  • NONPROFIT ENTITY: An entity that is a nonprofit corporation, nonprofit association, or other entity that is organized solely for one or more nonprofit purposes. See Alabama Code 10A-1-1.03
  • NORMAL BUSINESS HOURS: Any day between the hours of 8:00 A. See Alabama Code 8-35-1
  • Not for profit activity: includes every undertaking not for profit. See Alabama Code 10A-8A-1.02
  • 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 8-20A-1
  • oath: includes affirmation. See Alabama Code 1-1-1
  • oath: Such term includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. See Alabama Code 13A-10-100
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • obscene: The term means that:

    a. See Alabama Code 13A-12-200.1

  • obtains: Such term means:

    a. See Alabama Code 13A-8-1

  • officer: An individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Alabama Code 10A-1-1.03
  • officer: The term includes every person authorized to enforce the game and fish laws of this state, and whenever the possession, use, importation, transportation, storage, sale, offering, or exposing for sale of game birds, animals, or fish is prohibited or restricted, the prohibition or restriction shall extend to and include every part of the game, bird, animal, or fish, and a violation as to each animal, bird, or fish, or part thereof, shall be a separate offense. See Alabama Code 9-11-1
  • OFFICIAL PROCEEDING: Any proceeding heard before any legislative, judicial, administrative or other government agency or official authorized to hear evidence under oath. See Alabama Code 13A-10-100
  • operator: Any person, firm, partnership, association, or corporation engaged in or controlling one or more surface mining operations. See Alabama Code 9-16-2
  • OPTIMUM CARRYING CAPACITY: The ability of a given habitat to support the optimum sustainable population of a species or population stock in a healthy state without diminishing the ability of the habitat to continue that function. See Alabama Code 9-11-391
  • OPTIMUM SUSTAINABLE POPULATION: With respect to any population stock, the number of animals which will result in the maximum productivity of the population or the species, keeping in mind the optimum carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element. See Alabama Code 9-11-391
  • Organization: means a general partnership, including a limited liability partnership; limited partnership, including a limited liability limited partnership; limited liability company; business trust; corporation; nonprofit corporation; professional corporation; or any other person having a governing statute. See Alabama Code 10A-2A-9.01
  • 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 10A-1-1.03
  • Organization: means a general partnership, including a limited liability partnership; limited partnership, including a limited liability limited partnership; limited liability company; business trust; corporation; nonprofit corporation; professional corporation; or any other person having a governing statute. See Alabama Code 10A-5A-1.02
  • Organization: means a person other than an individual. See Alabama Code 8-9B-2
  • Organizational documents: means :

    (A) for a general partnership or foreign general partnership, its partnership agreement and if applicable, its registration as a limited liability partnership or a foreign limited liability partnership;

    (B) for a limited partnership or foreign limited partnership, its certificate of formation and partnership agreement, or comparable writings as provided in its governing statute;

    (C) for a limited liability company or foreign limited liability company, its certificate of formation and limited liability company agreement, or comparable writings as provided in its governing statute;

    (D) for a business or statutory trust or foreign business or statutory trust, its agreement of trust and declaration of trust, or comparable writings as provided in its governing statute;

    (E) for a corporation for profit or foreign corporation for profit, its certificate of incorporation, bylaws, and other agreements among its stockholders that are authorized by its governing statute, or comparable writings as provided in its governing statute;

    (F) for a nonprofit corporation or foreign nonprofit corporation, its certificate of incorporation, bylaws, and other agreements that are authorized by its governing statute, or comparable writings as provided in its governing statute;

    (G) for a professional corporation or foreign professional corporation, its certificate of incorporation, bylaws, and other agreements among its stockholders that are authorized by its governing statute, or comparable writings as provided in its governing statute; and

    (H) for any other organization, the basic writings that create the organization and determine its internal governance and the relations among the persons that own it, have an interest in it, or are members of it. See Alabama Code 10A-2A-9.01

  • Organizational documents: means the public organic record and private organizational documents of a corporation, foreign corporation, or eligible entity. See Alabama Code 10A-2A-1.40
  • Organizational documents: means :

    (1) for a general partnership or foreign general partnership, its partnership agreement and if applicable, its registration as a limited liability partnership or a foreign limited liability partnership;

    (2) for a limited partnership or foreign limited partnership, its certificate of formation and partnership agreement, or comparable writings as provided in its governing statute;

    (3) for a limited liability company or foreign limited liability company, its certificate of formation and limited liability company agreement, or comparable writings as provided in its governing statute;

    (4) for a business or statutory trust or foreign business or statutory trust its agreement of trust and declaration of trust, or comparable writings as provided in its governing statute;

    (5) for a corporation for profit or foreign corporation for profit, its certificate of formation, bylaws, and other agreements among its shareholders that are authorized by its governing statute, or comparable writings as provided in its governing statute;

    (6) for a nonprofit corporation or foreign nonprofit corporation, its certificate of formation, bylaws, and other agreements that are authorized by its governing statute, or comparable writings as provided in its governing statute;

    (7) for a professional corporation or foreign professional corporation, its certificate of formation, bylaws, and other agreements among its shareholders that are authorized by its governing statute, or comparable writings as provided in its governing statute; and

    (8) for any other organization, the basic writings that create the organization and determine its internal governance and the relations among the persons that own it, have an interest in it, or are members of it. See Alabama Code 10A-5A-1.02

  • organizer: A person, who need not be an owner or member of the entity, who, having the capacity to contract, is authorized to execute documents in connection with the formation of the entity. See Alabama Code 10A-1-1.03
  • OTHER FACILITY: Any land, right in land, building, structure, machinery, equipment or facility useful for or in connection with any housing or residential project or facility, or any educational project or facility, or any stadium, coliseum, fair ground, exhibition or athletic building or any other recreational facility, or any manufacturing, commercial, research or related facility for the promotion or development of industry or trade or any one or more or all of the foregoing. See Alabama Code 4-3-40
  • OUTPATIENT TREATMENT: Treatment rendered in a nonresidential setting and using an intermittent, periodic schedule of visits. See Alabama Code 27-20A-1
  • OVER-PRESSURE DEVICE: A frangible container filled with an explosive gas or expanding gas which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property damage. See Alabama Code 13A-10-190
  • 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 9-16-2
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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: 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 6-5-155.1
  • 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 9-13-189
  • owner: A person owning one or more dwellings or commercial buildings. See Alabama Code 45-41-141
  • 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 country. See Alabama Code 45-41A-41.02
  • 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 13A-8-1
  • owner: as used in this article , shall mean the person who owns, or has the exclusive license in the United States to reproduce or the exclusive license in the United States to distribute to the public copies of the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film or other device used for reproducing recorded sounds on phonograph records, discs, tapes, films, videocassettes or other articles now known or later developed on which sound is recorded and from which the transferred sounds are directly or indirectly derived, or the person who owns the rights to record or to authorize the recording of a live performance. See Alabama Code 13A-8-80
  • owner: An owner or lessee of a computer or a computer network, or an owner, lessee, or licensee of computer data, computer programs, or computer software. See Alabama Code 13A-8-111
  • OWNER OCCUPIED: Real property that is lawfully occupied as a principal residence that is any of the following:

    a. See Alabama Code 11-40-62

  • OWNERSHIP INTEREST: An owner's interest in an entity. See Alabama Code 10A-1-1.03
  • 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 10A-1-1.03
  • Partner: means a person that:

    (A) has become a partner in a partnership under Section 10A-8A-4. See Alabama Code 10A-8A-1.02

  • 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 10A-1-1.03
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Partnership: means an entity that is formed under this chapter or that is governed by this chapter. See Alabama Code 10A-8A-1.02
  • 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 10A-1-1.03
  • Partnership agreement: means any agreement (whether referred to as a partnership agreement or otherwise), written, oral or implied, of the partners as to the business or not for profit activity of a partnership. See Alabama Code 10A-8A-1.02
  • PARTY OFFICER: A person who holds any position or office in a political party, whether by election, appointment or otherwise. See Alabama Code 13A-10-60
  • 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 10A-1-1.03
  • peak: A projected point of overburden created in the process of surface mining. See Alabama Code 9-16-2
  • PECUNIARY BENEFIT: Benefit in the form of money, property, commercial interests or anything else the primary significance of which is economic gain. See Alabama Code 13A-10-60
  • pension: Payments for life derived from money provided by the employer. See Alabama Code 12-17-227
  • pension: Payments for life derived from money provided by the employer. See Alabama Code 12-18-150
  • 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 6-5-621
  • 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 8-34-1
  • 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 9-16-2
  • 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 2-5A-30
  • person: Any individual, partnership, association, firm, or corporation. See Alabama Code 8-13-1
  • person: One or more individuals, partnerships, associations, societies, trusts, organizations or corporations. See Alabama Code 8-18-2
  • person: Includes a natural person, corporation, partnership, association, or other entity. See Alabama Code 45-37-91.01
  • person: Any individual, organization, group, association, partnership, corporation, trust, or any combination of them. See Alabama Code 13A-9-70
  • person: Includes but is not limited to natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity. See Alabama Code 8-19-3
  • person: Any individual, partnership, corporation, business, trust, or other legal entity. See Alabama Code 13A-9-110
  • person: Any individual, group of individuals, firm, association, corporation, partnership, joint venture, sole proprietorship, or any other business entity. See Alabama Code 8-19A-3
  • person: An individual, partnership, corporation, company, society, association or agency. See Alabama Code 2-26-1
  • person: Any individual, partnership, corporation, association, or other legal entity or organization. See Alabama Code 2-15-60
  • person: Any individual, firm, corporation, association or partnership; or any officer, employee, agent, department or other instrumentality of the federal government or of any state government. See Alabama Code 9-11-391
  • person: Any individual, firm, copartnership, association, corporation, receiver, trustee, or any other group or combination acting as a unit. See Alabama Code 9-13-80
  • person: An individual, partnership, corporation, company, society or association. See Alabama Code 9-13-120
  • person: Any individual, partnership, corporation, company, society, or association, or other business entity. See Alabama Code 9-13-189
  • person: Any individual, corporation, company, society, association or other business entity. See Alabama Code 9-13-241
  • person: Includes a natural person, a corporation, a partnership, an association, or any other entity. See Alabama Code 45-39A-11
  • 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 8-27-2
  • person: Such term shall have the meaning ascribed in Section 27-1-2. See Alabama Code 27-19A-2
  • 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 8-31-2
  • 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, nonprofit corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 10A-1-1.03
  • 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, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any other entity, or combination of persons acting in concert. See Alabama Code 8-32-2
  • 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 9-16-2
  • person: Any natural or artificial person including, but not limited to, individuals, partnerships, associations, trusts, or corporations. See Alabama Code 27-21A-1
  • person: Unless limited to a natural person by the context in which it is used, 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 45-41A-10.01
  • person: Any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. See Alabama Code 8-35-1
  • 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: Unless limited to a natural person by the context in which it is used, 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 45-41A-40.01
  • person: Any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity or unincorporated association of persons. See Alabama Code 12-19-271
  • 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, a cooperative, or an agency, department or instrumentality of the state or of a county or municipality or cooperative. See Alabama Code 11-89-1
  • person: An individual, partnership, corporation, joint venture, trust, association, or any other legal entity. See Alabama Code 13A-8-30
  • 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 8-9A-1
  • person: Any human being, corporation, association, or other legal entity. See Alabama Code 45-42-150
  • 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 8-9B-2
  • person: Unless limited to a natural person by the context in which it is used, includes a public or private corporation, a municipality, the county, or an agency, department, or instrumentality of the state or of the county or of a municipality therein. See Alabama Code 45-46-90.01
  • Person dissociated as a partner: means a person dissociated as a partner of a partnership. See Alabama Code 10A-8A-1.02
  • PERSONAL IDENTIFICATION CARD: A driver's license or identification card issued by the Alabama State Law Enforcement Agency or a similar card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the U. See Alabama Code 13A-8-30
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • 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
  • pharmacy: Any building, warehouse, physician's office, hospital, pharmaceutical house or other structure used in whole or in part for the sale, storage and/or dispensing of any controlled substance as defined in Section 20-2-2 as amended. See Alabama Code 13A-8-51
  • PHARMACY ROBBERY: A person commits the offense of "pharmacy robbery" under this article if in the course of committing a theft of any controlled substance as defined in Section 20-2-2 such person violates Section 13A-8-41. See Alabama Code 13A-8-51
  • photograph: A still photographic image, including an image captured in digital format, which is of such quality that the persons and objects depicted are identifiable. See Alabama Code 13A-8-30
  • 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 meets all of the following requirements:

    a. See Alabama Code 45-37A-42.02

  • PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM: A camera system which is designed and installed to work in conjunction with an electrically operated traffic-control device using vehicle sensors synchronized to automatically record, either by conventional film or digital imaging, sequenced photographs or full motion video of the rear of a motor vehicle while proceeding through a signalized intersection. See Alabama Code 45-41A-41.02
  • PHOTOGRAPHIC VEHICLE SPEED ENFORCEMENT SYSTEM: A system that meets both of the following conditions:

    a. See Alabama Code 45-37A-42.02

  • PHYSICAL INJURY: Impairment of physical condition or substantial pain. See Alabama Code 13A-6-151
  • physician: A person licensed to practice medicine and surgery or osteopathic medicine and surgery in Alabama. See Alabama Code 26-23H-3
  • pit: A tract of land from which overburden has been or is being removed for the purpose of surface mining. See Alabama Code 9-16-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: The District Attorneys' Plan provided for in Section 12-17-227. See Alabama Code 12-17-227
  • plan: The Judges' and Clerks' Plan provided for in Section 12-18-151. See Alabama Code 12-18-150
  • plan: The City of Mobile, Alabama, Police and Firefighters Retirement Plan, as provided for in this part. See Alabama Code 45-49A-63
  • PLAN OF CONVERSION: That written document containing all the information and meeting the requirements as set forth in Section 5-7A-62(1). See Alabama Code 5-7A-61
  • PLAN YEAR: The 12-month period beginning on any October 1. See Alabama Code 45-49A-63
  • 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.
  • POISON GAS: A toxic chemical or its precursors that through its chemical action or properties on life processes causes death or permanent injury to human beings. See Alabama Code 13A-10-190
  • POLITICAL ORGANIZATION: A party, committee, association, fund, or other organization, whether or not incorporated, which is organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for an exempt function pursuant to 26 U. See Alabama Code 13A-9-70
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • PRECIOUS ITEM: Any of the following:

    a. See Alabama Code 8-34-1

  • 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 8-32-2
  • 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 9-13-272
  • prescription: A written plan for starting and controlling a prescribed burn to accomplish the ecological, silvicultural, and wildlife management objectives. See Alabama Code 9-13-272
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • principal: Any person who does all of the following:

    a. See Alabama Code 8-24-1

  • 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 10A-2-1.40
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the bylaws and the minutes of the proceedings of the board of the authority are kept. See Alabama Code 45-41A-10.01
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the bylaws and the minutes of the proceedings of the board of the authority are kept. See Alabama Code 45-41A-40.01
  • Principal office: means the office (in or out of this state) so designated in the annual report where the principal executive offices of a corporation or foreign corporation are located. See Alabama Code 10A-2A-1.40
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the bylaws and the minutes of proceedings of the board of a district are kept. See Alabama Code 11-89-1
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the by-laws, and the minutes of the proceedings of the board of an authority are kept. See Alabama Code 45-46-90.01
  • Private organizational documents: means (i) the bylaws of a corporation, foreign corporation, nonprofit corporation, or foreign nonprofit corporation, or (ii) the rules, regardless of whether in writing, that govern the internal affairs of an unincorporated entity or foreign unincorporated entity, are binding on all its interest holders, and are not part of its public organic record, if any. See Alabama Code 10A-2A-1.40
  • 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: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Proceeding: includes any civil suit and criminal, administrative, and investigatory action. See Alabama Code 10A-2A-1.40
  • processing: The passing of seed through a cleaning machine for the purpose of removing some constituent or through a blending machine or grinding of the seed for other uses. See Alabama Code 2-26-1
  • 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 9-13-80
  • 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 9-13-80
  • 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 27-6B-2
  • 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 10A-1-1.03
  • PROFESSIONAL ENTITY: A professional association and a professional corporation. See Alabama Code 10A-1-1.03
  • PROFESSIONAL FUND RAISER: Any person who for compensation or other consideration plans, conducts, manages, or carries on any drive or campaign in this state for the purpose of soliciting contributions for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds himself or herself out to persons in this state as independently engaged in the business of soliciting contributions for such purposes. See Alabama Code 13A-9-70
  • PROFESSIONAL SERVICE: Any type of service that may lawfully be performed only pursuant to a license issued by a state court, state regulatory licensing board, or other like agency pursuant to state laws. See Alabama Code 10A-1-1.03
  • PROFESSIONAL SOLICITOR: Any person who is employed or retained for compensation by a professional fund raiser to solicit contributions for charitable purposes in this state. See Alabama Code 13A-9-70
  • 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
  • project: Interest in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and any fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, general business, and employment opportunities in the downtown development area. See Alabama Code 45-41A-10.01
  • project: Interests in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and any fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in the downtown development area. See Alabama Code 45-41A-40.01
  • PROMOTIONAL REGISTER: Typewritten lists containing the names of those classified employees, presently assigned, who have successfully passed mental tests for promotion to higher positions within the classified service and which names are listed in the order of final grades attained on such tests from the highest grade attained to the lowest grade attained. See Alabama Code 45-35A-51.01
  • PROPELLED VEHICLE: Any propelled device in, upon, or by which any person or property is transported on land, water, or in the air, and such term includes motor vehicles, motorcycles, motorboats, aircraft, and any vessel propelled by machinery, whether or not that machinery is the principal source of propulsion. See Alabama Code 13A-8-1
  • PROPER IDENTIFICATION: Information generally deemed sufficient to identify a person for consumer reporting agency purposes under 15 U. See Alabama Code 8-35-1
  • property: Such term is defined as in Section 13A-8-1(10). See Alabama Code 13A-9-1
  • 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 6-5-155.1
  • property: Real or personal property of any kind including money, choses in action, and other similar interests in property. See Alabama Code 13A-10-190
  • property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 10A-1-1.03
  • property: Real and personal property and interests therein. See Alabama Code 11-88-1
  • property: Only land which has been subdivided and platted. See Alabama Code 11-88-40
  • property: Real and personal property and interests therein. See Alabama Code 11-89-1
  • 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 13A-8-1
  • 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 8-9A-1
  • property: Includes a financial instrument, data, databases, data while in transit, computer software, computer programs, documents associated with computer systems and computer programs, or copies whether tangible or intangible. See Alabama Code 13A-8-111
  • 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 8-9B-2
  • property: Includes real and personal property, and interests therein. See Alabama Code 45-46-90.01
  • 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 27-2B-2
  • PROPRIETARY PART: Any part manufactured by or for and sold exclusively by the manufacturer. See Alabama Code 8-21C-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • PROSECUTING ATTORNEY: The Attorney General, district attorney, or county, municipal, or private attorney bringing a drug-related nuisance action. See Alabama Code 6-5-155.1
  • provider: A health care provider duly licensed or certified by the State of Alabama. See Alabama Code 27-3A-3
  • 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 8-32-2
  • provider: Any physician, hospital, or other person which is licensed or otherwise authorized in this state to furnish health care services. See Alabama Code 27-21A-1
  • PROVIDER FEE: The total purchase price paid for a service contract. See Alabama Code 8-32-2
  • PUBLIC BUILDING: A structure which is generally open to members of the public with or without the payment of an admission fee or membership dues including, but not limited to, structures owned, operated, or leased by the state, the United States, any of the several states, or a foreign nation or any political subdivision or authority thereof; a religious organization; any medical facility; any college, school, or university; or any corporation, partnership, or association. See Alabama Code 13A-10-190
  • PUBLIC CORPORATION: Any public corporation organized under the laws of the state. See Alabama Code 11-89-1
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • PUBLIC FIRE PROTECTION FACILITY: A fire protection facility which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation, 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 11-89-1
  • PUBLIC HEARING: A meeting of the board open to the public, where any citizen, taxpayer, or other interested party may appear and be heard, subject to the duly adopted rules and regulations. See Alabama Code 45-35A-51.01
  • 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 organic record: means (i) the certificate of incorporation of a corporation, foreign corporation, nonprofit corporation, or foreign nonprofit corporation, or (ii) the document, if any, the filing of which is required to create an unincorporated entity or foreign unincorporated entity, or which creates the unincorporated entity or foreign unincorporated entity and is required to be filed. See Alabama Code 10A-2A-1.40
  • PUBLIC RECORD: A record which the members of the public shall have the right to inspect, within reason and during ordinary business hours. See Alabama Code 45-35A-51.01
  • PUBLIC SERVANT: As used in this article, such term includes persons who presently occupy the position of a public servant, as defined in Section 13A-10-1(7), or have been elected, appointed or designated to become a public servant although not yet occupying that position. See Alabama Code 13A-10-60
  • PUBLIC SEWER SYSTEM: A sewer system which is owned or operated by the United States of America, the state, a county, a municipality, a public corporation, a cooperative, 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 11-89-1
  • 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, a cooperative, 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 11-89-1
  • Puffing: means an exaggerated commendation of wares or services. See Alabama Code 13A-8-1
  • purchase: To acquire, obtain or receive or to attempt to acquire, obtain or receive by exchange of money or other valuable consideration and specifically includes barter or exchange. See Alabama Code 9-13-241
  • purchase: The acquisition of a precious item or items for a consideration of cash, goods, or another precious item. See Alabama Code 8-34-1
  • PURCHASE TRANSACTION: A transaction in which a secondary metals recycler gives consideration in exchange for regulated metal property. See Alabama Code 13A-8-30
  • purchaser: A person who is solicited to become or does become obligated to a commercial telephone seller. See Alabama Code 8-19A-3
  • 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
  • Quorum: The number of legislators that must be present to do business.
  • rbc: Risk-based capital. See Alabama Code 27-2B-2
  • 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 27-2B-2
  • RBC LEVEL: An insurer's company action level RBC, regulatory action level RBC, authorized control level RBC, or mandatory control level RBC where:

    a. See Alabama Code 27-2B-2

  • RBC PLAN: A comprehensive financial plan containing the elements specified in subsection (b) of Section 27-2B-4. See Alabama Code 27-2B-2
  • RBC REPORT: The report required in Section 27-2B-3. See Alabama Code 27-2B-2
  • REAL ESTATE INVESTMENT TRUST: An unincorporated trust, association, or other entity as defined in Chapter 10. See Alabama Code 10A-1-1.03
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • 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 EXPENSES: Includes customary and usual business overhead expenses. See Alabama Code 45-42-150
  • receiving: Such term includes, but is not limited to, acquiring possession, control, or title and taking a security interest in the property. See Alabama Code 13A-8-1
  • 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 9-16-2
  • 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 8-9B-2
  • 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 10A-2-1.40
  • Record date: means the date fixed for determining the identity of the corporation's stockholders and their stockholdings for purposes of this chapter. See Alabama Code 10A-2A-1.40
  • Record stockholder: means (i) the person in whose name shares of stock are registered in the records of the corporation, or (ii) the person identified as the beneficial owner of stock in a beneficial ownership certificate pursuant to Section 10A-2A-7. See Alabama Code 10A-2A-1.40
  • 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 8-21C-2
  • REDEMPTION AMOUNT: The sum of a. See Alabama Code 11-40-62
  • reencoder: An electronic device that places encoded information from the magnetic strip, integrated circuit, RFID tag of an identification document onto the magnetic strip, integrated circuit, or RFID tag of a different identification document. See Alabama Code 13A-8-111
  • REFUNDING BONDS: Those refunding bonds issued under and pursuant to Section 2-5A-35. See Alabama Code 2-5A-30
  • 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
  • refuse: All waste material, exclusive of overburden, directly connected with the mining, cleaning, or preparation of substances mined by surface mining. See Alabama Code 9-16-2
  • REGULAR INTEREST: Interest compounded annually at the rate determined by the Board of Control. See Alabama Code 12-17-227
  • REGULAR INTEREST: Interest compounded annually at the rate determined by the Board of Control. See Alabama Code 12-18-150
  • 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 8-32-2
  • REINSURANCE INTERMEDIARY: A reinsurance intermediary-broker or a reinsurance intermediary-manager as these terms are defined in subdivisions (8) and (9). See Alabama Code 27-5A-2
  • 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 27-5A-2
  • 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 27-5A-2
  • 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 27-5A-2
  • relative: An individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree. See Alabama Code 8-9A-1
  • Relative: means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree. See Alabama Code 8-9B-2
  • 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 8-21A-2
  • RELIGIOUS ORGANIZATION: Any society, sect, persuasion, mission, church, parish, congregation, temple, convention, or association of any of the foregoing, diocese or presbytery, or other organization, whether or not incorporated, or any employee thereof, no part of the net earnings of which inures to the benefit of any private party or individual associated with such an organization and that otherwise qualifies as an exempt organization under Section 501(c)(3) of Title 26, United States Code, as amended. See Alabama Code 13A-9-70
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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 8-31-2
  • 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 8-25-1
  • 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).
  • REQUIRED OR AUTHORIZED BY LAW: An oath is "required or authorized by law" when the use of the oath is provided for by statute or municipal ordinance. See Alabama Code 13A-10-100
  • 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.
  • residence: A single or multiple family dwelling including, but not limited to, a single-family home, apartment building, condominium, duplex, townhouse, or mobile home which is used or intended to be used by its occupants as their dwelling place. See Alabama Code 13A-9-110
  • RESIDENTIAL REAL ESTATE: A new or existing building constructed for habitation by one to four families, including detached garages. See Alabama Code 8-36-1
  • 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 8-36-1
  • RESORT AREA: An area located outside the corporate limits of any municipality in which the primary use of the majority of the real property is for recreational pursuits or those associated with relaxation, avocation, or pleasure, including vacation homes and facilities and commercial amusement or recreational establishments providing such facilities or goods or services with respect thereto. See Alabama Code 11-88-40
  • RESULTING BANK: The state chartered bank that results from conversion of a savings institution to a state chartered bank pursuant to this article. See Alabama Code 5-7A-61
  • retirement: Withdrawal from active service with a retirement allowance or optional benefit in lieu thereof granted under this division. See Alabama Code 12-17-227
  • retirement: Withdrawal from active service with a retirement allowance or optional benefit in lieu thereof granted under this article. See Alabama Code 12-18-150
  • RETIREMENT ALLOWANCE: The sum of the annuity and the pension. See Alabama Code 12-17-227
  • RETIREMENT ALLOWANCE: The sum of the annuity and the pension. See Alabama Code 12-18-150
  • RETIREMENT SYSTEM: The Employees' Retirement System of Alabama as defined in Section 36-27-2. See Alabama Code 12-17-227
  • RETIREMENT SYSTEM: The Employees' Retirement System of Alabama as defined in Section 36-27-2. See Alabama Code 12-18-150
  • ridge: A lengthened elevation of overburden created in the process of surface mining. See Alabama Code 9-16-2
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • rights-of-way: as used in this title does not authorize the commission to prescribe the location or the routing of any pipeline facility;

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

  • ROAD HAZARD: A hazard that is encountered while driving a motor vehicle, including, but not limited to, potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps. See Alabama Code 8-32-2
  • ROOF SYSTEM: A roof covering, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, and insulation. See Alabama Code 8-36-1
  • roster: A typewritten list showing the names of persons employed in the classified service by departments and the position occupied by each employee concerned. See Alabama Code 45-35A-51.01
  • RULES AND REGULATIONS: A prescribed course of procedure adopted by the board to promote the administration of this part and the system hereby created. See Alabama Code 45-35A-51.01
  • run: The continuous exhibition of a motion picture in a defined geographic area for a specified period of time. See Alabama Code 8-18-2
  • SADO-MASOCHISTIC ABUSE: The term means:

    a. See Alabama Code 13A-12-200.1

  • salary: as used in this division , is not intended to include or cover costs and charges of court or fees, commissions, percentages, or allowances of public officers, and such are not subject to writs of garnishment under the provisions of this division. See Alabama Code 6-6-480
  • 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 8-24-1
  • 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 8-19A-3
  • SAVINGS INSTITUTION: A savings and loan association or savings bank organized under the laws of this state or organized under the laws of the United States and having its principal place of business in this state, whether a "capital stock saving institution" which is authorized to issue capital stock, or a "mutual savings institution" shares of which are owned by its members. See Alabama Code 5-7A-61
  • SCANNING DEVICE: A scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip, integrated circuit, or RFID tag of an identification document. See Alabama Code 13A-8-111
  • SCHEDULE OF CHARGES: A statement of the method used by a health maintenance organization to establish rates. See Alabama Code 27-21A-1
  • seafoods: shall include and mean all oysters, saltwater fish, saltwater shrimp, diamond back terrapin, sea turtle, crabs and all other species of marine or saltwater animal life existing or living in the water within the territorial jurisdiction of the State of Alabama. See Alabama Code 9-2-80
  • SECONDARY METALS RECYCLER: Any person, whether licensed or not licensed, who is engaged, from a fixed location or otherwise, in the business of paying compensation for ferrous or nonferrous metals, whether or not engaged in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value. See Alabama Code 13A-8-30
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under Section 10A-2-8. See Alabama Code 10A-2-1.40
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under Section 10A-2A-8. See Alabama Code 10A-2A-1.40
  • 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 2-6-70
  • 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 8-35-1
  • sell: Dispose of, transfer or convey or attempt to dispose of, transfer or convey by exchange of money or other valuable consideration and specifically includes barter or exchange. See Alabama Code 9-13-241
  • 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: Service recognized in accordance with Subpart 3 for purposes of determining a member's eligibility for a benefit under the plan and the amount of that benefit. See Alabama Code 45-49A-63
  • 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 AREA: The geographic area or areas in which an authority is authorized by its certificate of incorporation or any amendment thereto to render water service, fire protection service, sewer 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 11-88-1
  • SERVICE AREA: The geographic area or areas in which a district is authorized by its certificate of incorporation or any amendment thereto to render water service, fire protection service, sewer service or any thereof, which area may include both territory located outside the boundaries of any municipality and territory located within the boundaries of one or more municipalities. See Alabama Code 11-89-1
  • 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 8-32-2
  • SERVICE CONTRACT: A contract or agreement as defined in subdivision (13) of Section 8-32-2. See Alabama Code 8-33-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • services: Such term is defined as in Section 13A-8-10(b). See Alabama Code 13A-9-1
  • 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 8-19-3
  • 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 9-16-2
  • 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 9-13-80
  • SEWER SERVICE: All services involved in collecting, transporting, treating and disposing of sanitary sewage or solid wastes and the performing of all functions and activities reasonably incident to the operation of a sewer system. See Alabama Code 11-89-1
  • SEWER SYSTEM: A sanitary sewer system, including mains, laterals, sewage disposal plants, and sewage treatment plants and all appurtenances to such a system and all properties, rights, easements, and franchises deemed necessary or desirable by the authority for use in rendering sewer services. See Alabama Code 11-88-1
  • SEWER SYSTEM: A sanitary sewer system, including mains, laterals, sewage disposal plants and sewage treatment plants and all appurtenances to such a system and all properties, rights, easements and franchises deemed necessary or desirable by the district for use in rendering sewer services. See Alabama Code 11-89-1
  • SEXUAL CONDUCT: The term means:

    a. See Alabama Code 13A-12-200.1

  • SEXUAL CONDUCT: Any of the following acts:

    a. See Alabama Code 13A-6-151

  • SEXUAL INTERCOURSE: Intercourse, whether genital-genital, oral-genital, anal-genital, or oral-anal, and whether between persons of the same or opposite sex or between a human and an animal. See Alabama Code 13A-12-200.1
  • 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 13A-6-151
  • 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 10A-2-1.40
  • Shares: means the units into which the proprietary interests in a corporation are divided. See Alabama Code 10A-2-1.40
  • shopping cart: when used in this article, shall mean those pushcarts of the type or types which are commonly provided by grocery stores, drugstores or other merchant stores or markets for the use of the public in transporting commodities in stores and markets and incidentally from the store to a place outside the store. See Alabama Code 13A-8-60
  • SHORT TERM RESIDENTIAL ALCOHOLISM TREATMENT FACILITY: A state certified facility which provides structured programs of intensive treatment services for people addicted to alcohol. See Alabama Code 27-20A-1
  • SOLID WASTES: All solid wastes and hazardous wastes as the same are defined in Article 1 of Chapter 27 of Title 22. See Alabama Code 11-89-1
  • special corporation: shall mean any corporation organized pursuant to this article. See Alabama Code 11-89-31
  • 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 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
  • stamp: The state migratory waterfowl stamp furnished by the department. See Alabama Code 9-11-430
  • state: The State of Alabama. See Alabama Code 45-39-221
  • state: The State of Alabama. See Alabama Code 4-3-1
  • state: The State of Alabama. See Alabama Code 4-3-40
  • state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 10A-1-1.03
  • state: The State of Alabama. See Alabama Code 45-41-141
  • state: The State of Alabama. See Alabama Code 45-41A-10.01
  • state: The State of Alabama. See Alabama Code 45-41A-40.01
  • state: The State of Alabama. See Alabama Code 11-88-1
  • state: The State of Alabama. See Alabama Code 11-89-1
  • state: includes any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. See Alabama Code 13A-8-1
  • state: The State of Alabama. See Alabama Code 2-6-70
  • state: The State of Alabama. See Alabama Code 45-46-90.01
  • STATE CHARTERED BANK: A bank the same as if such bank were incorporated, chartered and permitted to do business, all as provided in Section 5-5A-1 et seq. See Alabama Code 5-7A-61
  • STATE FIRE MARSHAL: The State Fire Marshal who is appointed by the Commissioner of Insurance pursuant to Section 27-2-10. See Alabama Code 13A-10-190
  • STATE HEALTH OFFICER: The executive officer of the State Department of Public Health. See Alabama Code 27-21A-1
  • 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
  • Statement: means a statement of partnership under Section 10A-8A-2. See Alabama Code 10A-8A-1.02
  • 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.
  • STATUTORY CAPITAL AND SURPLUS: The combination of capital and surplus. See Alabama Code 27-2B-2
  • Stock: means the units into which the proprietary interests in a corporation or foreign corporation are divided. See Alabama Code 10A-2A-1.40
  • Stockholder: means a record stockholder. See Alabama Code 10A-2A-1.40
  • stolen: Obtained by theft, theft by appropriating lost property, robbery, or extortion. See Alabama Code 13A-8-1
  • 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-42.02
  • Subpoena: A command to a witness to appear and give testimony.
  • 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 10A-1-1.03
  • Subscriber: means a person who subscribes for shares in a corporation, whether before or after incorporation. See Alabama Code 10A-2-1.40
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 1-1-1
  • 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 10A-1-1.03
  • 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 10A-1-1.03

  • Summons: Another word for subpoena used by the criminal justice system.
  • superintendent: The Superintendent of Banks for the State of Alabama. See Alabama Code 5-7A-61
  • SUPERNUMERARY DISTRICT ATTORNEY: A supernumerary district attorney who has elected to come under the provisions and requirements of Division 2 of this article. See Alabama Code 12-17-227
  • 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 8-21A-2
  • supplier: Any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components. See Alabama Code 8-21C-2
  • SUPPLY DISTRICT: A district which renders sewer service or water service only to one or more counties, municipalities, or other public corporations, a cooperative, or to one or more customers of a county, municipality, public corporation, or a cooperative at its written request. See Alabama Code 11-89-1
  • 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 9-16-2
  • Surviving organization: means an organization into which one or more other organizations are merged under Article 10, whether the organization pre-existed the merger or was created pursuant to the merger. See Alabama Code 10A-5A-1.02
  • take: To harass, hunt, capture or kill, or attempt to harass, hunt, capture or kill any marine mammal. See Alabama Code 9-11-391
  • TAX ASSESSOR: The tax assessor of the county. See Alabama Code 45-41-141
  • TAX CERTIFICATE HOLDER: Any of the following:

    a. See Alabama Code 11-40-62

  • TAX COLLECTOR: The tax collector of the county. See Alabama Code 45-41-141
  • TAX PAYOFF: Any and all amounts necessary to satisfy any claims for delinquent taxes assessed against the real property on which the Class 2 municipality is seeking to foreclosure under this article. See Alabama Code 11-40-62
  • taxes: Those taxes assessed against real property by either the State of Alabama, the county in which the real property is situated, or the Class 2 municipality that are delinquent, as defined in Section 40-11-4 or Section 11-51-2, as of the date a proceeding under this article is commenced or at any time before final resolution of the same, and shall also include any taxes assessed against real property that are unpaid from any previous year and any amounts required for redemption under Section 40-10-82, 40-10-120, or Section 11-51-23. See Alabama Code 11-40-62
  • taxpayer: Any person liable for taxes under this article. See Alabama Code 9-13-80
  • 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
  • TELEPHONE SOLICITATION CALL: A call made by a telephone solicitor to a consumer, for the purpose of soliciting a sale of consumer goods or services, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for consumer goods or services, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes. See Alabama Code 8-19A-3
  • 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 6-5-155.1
  • termination: The termination, cancellation, nonrenewal, or noncontinuation of the contract or agreement. See Alabama Code 8-21A-2
  • 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 8-24-1
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • testimony: Such term includes oral or written statements, documents or any other material that may be offered as evidence in an official proceeding. See Alabama Code 13A-10-120
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • tests: Written, oral, or other methods of evaluation established by the board or director, to determine the merit, aptitude, knowledge of the job, and general qualifications, other than physical, of applicants to fill initial positions within the classified service, or for the promotion of those classified employees presently assigned to higher positions within the classified service, or for the purpose of reclassification or transfer of such employees into new or existing positions within the classified service. See Alabama Code 45-35A-51.01
  • theatre: Any establishment in which motion pictures are exhibited to the public regularly for a charge. See Alabama Code 8-18-2
  • threat: A menace, however communicated, to:

    a. See Alabama Code 13A-8-1

  • 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 27-5A-2
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • TOTAL ADJUSTED CAPITAL: The sum of:

    a. See Alabama Code 27-2B-2

  • 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 8-18-2
  • TRADE SECRET: A "trade secret" is information that:

    a. See Alabama Code 8-27-2

  • 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 sign: shall mean any traffic sign, traffic signal, warning sign, guideboard, milepost, road marker, emergency telephone sign, or any similar sign, signal, or device used by the state or any political subdivision of the state on the highways, roads, bridges, or streets of this state for the warning, instruction, or information of the public. See Alabama Code 13A-8-70
  • 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
  • TRAFFIC SIGNAL VIOLATION: Any violation of Section 32-5A-31, 32-5A-32, or 32-5A-35, or 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 45-41A-41.02
  • 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 45-41A-41.02
  • TRAFFICKING VICTIM: Any person, including minors, subjected to labor servitude, sexual servitude, or involuntary servitude. See Alabama Code 13A-6-151
  • 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
  • TRAINED TECHNICIAN: A sworn law enforcement officer employed by the city, who alternatively:

    a. See Alabama Code 45-41A-41.02

  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: means an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift, or transfer by operation of law. See Alabama Code 10A-5A-1.02
  • Transfer: means an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift, or transfer by operation of law. See Alabama Code 10A-8A-1.02
  • 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 8-9A-1
  • 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 8-9B-2
  • Transferable interest: means a member's right to receive distributions from a limited liability company or a series thereof. See Alabama Code 10A-5A-1.02
  • Transferable interest: means a partner's right to receive distributions from a partnership. See Alabama Code 10A-8A-1.02
  • Transferee: means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a member. See Alabama Code 10A-5A-1.02
  • Transferee: means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a partner. See Alabama Code 10A-8A-1.02
  • TRANSIENT CUSTOMER: A customer who is temporarily traveling through a dealer's area of sales responsibility. See Alabama Code 8-21C-2
  • TRAVEL TRAILER: A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use and of such size and weight as not to require a special highway movement permit when towed by a motorized vehicle. See Alabama Code 8-21C-2
  • 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 10A-2-1.40
  • 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.
  • TRUCK CAMPER: A portable unit, constructed to provide temporary living quarters for recreational, travel, or camping use, consisting of a roof, floor, and sides and designed to be loaded onto and unloaded from the back of a pickup truck. See Alabama Code 8-21C-2
  • 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 10A-1-1.03
  • Trustee: A person or institution holding and administering property in trust.
  • 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
  • Type of entity: means a generic form of entity: (i) recognized at common law; or (ii) formed under a governing statute, regardless of whether some entities formed under that law are subject to provisions of that law that create different categories of the form of entity. See Alabama Code 10A-2A-1.40
  • UNCERTIFICATED OWNERSHIP INTEREST: An ownership interest in a domestic entity that is not represented by a certificate. See Alabama Code 10A-1-1.03
  • UNCOVERED EXPENDITURES: The costs of health care services that are covered by a health maintenance organization, for which an enrollee would also be liable in the event of the organization's insolvency. See Alabama Code 27-21A-1
  • 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 13A-5-39
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • UNIFORMED OFFICER: A person employed by the city's police department or fire department as a police officer or firefighter, as the case may be, who (i) is certified as a police officer or firefighter by the State of Alabama, (ii) is in training to be certified by the State of Alabama as a police officer or firefighter, (iii) is employed by the city's police department or fire department other than as a certified police officer or firefighter and who was a participant in the plan immediately preceding October 1, 1997, or (iv) is in the police or fire cadet program. See Alabama Code 45-49A-63
  • Unincorporated entity: means an organization or artificial legal person that either has a separate legal existence or has the power to acquire an estate in real property in its own name and that is not any of the following: a corporation, foreign corporation, nonprofit corporation, foreign nonprofit corporation, a series of a limited liability company or of another type of entity, an estate, a trust, a state, United States, or foreign government. See Alabama Code 10A-2A-1.40
  • 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: includes any district, authority, bureau, commission, department, and any other agency of the United States. See Alabama Code 10A-2A-1.40
  • Unrestricted voting trust beneficial owner: means , with respect to any stockholder rights, a voting trust beneficial owner whose entitlement to exercise the stockholder right in question is not inconsistent with the voting trust agreement. See Alabama Code 10A-2A-1.40
  • UNSOLICITED SOLICITATION SALES CALL: A telephonic sales call other than a call made to a person with whom the telephone solicitor has a prior or existing business relationship; or by a newspaper publisher or his or her agent or employee in connection with his or her business; or any of the exempt persons in Section 8-19A-4. See Alabama Code 8-19A-3
  • 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 9-15-1
  • 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 9-15-1
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • 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 27-3A-3
  • UTILIZATION REVIEW AGENT: Any person or entity, including the State of Alabama, performing a utilization review, except the following:

    a. See Alabama Code 27-3A-3

  • utter: means to directly or indirectly offer, assert, declare or put forth a forged instrument as genuine. See Alabama Code 13A-9-1
  • 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 8-9A-1
  • 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 8-9B-2
  • value: The market value of the property at the time and place of the criminal act. See Alabama Code 13A-8-1
  • VEHICLE PROTECTION PRODUCT: A vehicle protection device, system, or service that is all of the following:

    a. See Alabama Code 8-33-2
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • VERIFIABLE DOCUMENTATION: Written evidence of ownership which may be verified, including, but not limited to, receipts, bills of sale, titles, certificates of title, purchase agreements, shipping manifests, work orders, etc. See Alabama Code 13A-8-30
  • 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 13A-6-141
  • 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
  • virus: Means an unwanted computer program or other set of instructions inserted into a computer's memory, operating system, or program that is specifically constructed with the ability to replicate itself or to affect the other programs or files in the computer by attaching a copy of the unwanted program or other set of instructions to one or more computer programs or files. See Alabama Code 13A-8-111
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • 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 10A-2-1.40
  • Voting group: means all stock of one or more classes or series that under the certificate of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of stockholders. See Alabama Code 10A-2A-1.40
  • Voting power: means the current power to vote in the election of directors. See Alabama Code 10A-2A-1.40
  • Voting trust beneficial owner: means an owner of a beneficial interest in stock of the corporation held in a voting trust established pursuant to Section 10A-2A-7. See Alabama Code 10A-2A-1.40
  • 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 8-21C-2
  • warranty: A warranty made by the manufacturer, importer, distributor, or seller of property or services without consideration stated separately from the price of the property or services sold, that is not negotiated separate from the sale of the product and is incidental to the sale of the product, that guarantees repair or replacement, or indemnity for repair or replacement, for defective parts, mechanical or electrical breakdown, labor or other remedial measures, such as repair or replacement of the property or repetition of services. See Alabama Code 8-32-2
  • WARRANTY HOLDER: The person who purchases a vehicle protection product or who is a permitted transferee. See Alabama Code 8-33-2
  • 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 8-33-2
  • 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 11-89-1
  • 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, 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 11-88-1
  • WATER SYSTEMS: 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, tanks, filtration plants, purification plants, meters, valves and all necessary appurtenances and equipment and all properties, rights, easements and franchises deemed necessary or desirable by the district for use in rendering water service. See Alabama Code 11-89-1
  • WEAPONS OF MASS DESTRUCTION: Include any of the following:

    a. See Alabama Code 13A-10-190

  • WEB PAGE: A location that has a single uniform resource locator or other single location with respect to the Internet. See Alabama Code 13A-8-111
  • Whips: Assistants to the floor leaders who are also elected by their party conferences. The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. In the absence of a party floor leader, the whip often serves as acting floor leader.
  • wholesaler: A person who distributes material for the purpose of resale or commercial distribution at retail. See Alabama Code 13A-12-200.1
  • 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 9-13-241
  • 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 12-19-271
  • woman: A female human being, whether or not she has reached the age of majority. See Alabama Code 26-23H-3
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • 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 INSTRUMENT: Such term means:

    a. See Alabama Code 13A-9-1
  • 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 8-21A-2