Article 1 General Provisions 9-11-1 – 9-11-26
Article 2 Hunting, Fishing and Trapping Licenses Generally 9-11-30 – 9-11-73
Article 3 Fishing Laws 9-11-80 – 9-11-95
Article 4 Commercial Fishing in Public Impounded Waters and Navigable Streams 9-11-140 – 9-11-156
Article 5 Spearfishing 9-11-170 – 9-11-176
Article 6 Catching of Nongame Fish With Wire Baskets 9-11-190 – 9-11-198
Article 7 Reciprocal Agreements as to Freshwater Fishing 9-11-210 – 9-11-213
Article 8 Hunting and Trapping of Birds and Game 9-11-230 – 9-11-269
Article 8A Interference with Legal Hunting or Fishing 9-11-270 – 9-11-275
Article 9 Reciprocal Agreements as to Waterfowl Hunting 9-11-280 – 9-11-283
Article 10 Wildlife Management Areas 9-11-300 – 9-11-307
Article 11 Possession of Wildlife for Public Exhibition Purposes 9-11-320 – 9-11-328
Article 12 Commercial Quail Breeding 9-11-340 – 9-11-351
Article 13 Taking of Mussels or Mollusks From Fresh Waters 9-11-370 – 9-11-375
Article 14 Marine Mammal Protection 9-11-390 – 9-11-398
Article 15 Commercial Fowl Hunting Preserves 9-11-410 – 9-11-419
Article 16 Preservation of Wetlands and Hunting of Migratory Waterfowl 9-11-430 – 9-11-435
Article 17 Commercial Fee Fishing Ponds 9-11-450 – 9-11-457
Article 18 Protection of Black Bears 9-11-480 – 9-11-481
Article 19 Hunting of Native Game Animals and Certain Nonindigenous Animals 9-11-500 – 9-11-505

Terms Used In Alabama Code > Title 9 > Chapter 11

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • ADJUSTED FOR INFLATION: Increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. See Alabama Code 6-12-2
  • 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
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • affiliate: A person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See Alabama Code 6-12-2
  • 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

  • agreement: The bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Alabama Code 8-1A-2
  • Allegation: something that someone says happened.
  • ALLOCABLE SHARE: Allocable share as that term is defined in the Master Settlement Agreement. See Alabama Code 6-12-2
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • APPARENT OWNER: A person whose name appears on the records of a holder as the person entitled to property held, issued, or owing by the holder. See Alabama Code 35-12-71
  • 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
  • APPOINTING AUTHORITY: The mayor or city council, and in the case of a separate board or instrumentality, the governing body or individual designated by the governing body in writing to the board. See Alabama Code 45-8A-71.01
  • Appraisal: A determination of property value.
  • APPROPRIATE STATE OR FEDERAL REGULATORY AGENCY: The state or federal agency that is statutorily responsible for the supervision of all or part of the operations of a participating financial institution. See Alabama Code 5-27-2
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • 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

  • 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
  • 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: means the Anniston Downtown Development Authority, a public corporation organized pursuant to the provisions of this part. See Alabama Code 45-8A-20.01
  • Authority: means the Oxford Downtown Development Authority, a public corporation organized pursuant to this part. See Alabama Code 45-8A-111.01
  • AUTHORITY: The public corporation organized pursuant to the provisions of this chapter. See Alabama Code 16-16-1
  • authority: The Public School and College Authority. See Alabama Code 16-16A-2
  • Authority: means Alabama Public School and College Authority. See Alabama Code 16-16B-2
  • Authorizing resolution: means a resolution adopted by the governing body of the city in accordance with the provisions of Section 45-8A-20. See Alabama Code 45-8A-20.01
  • Authorizing resolution: means a resolution adopted by the governing body of the city in accordance with Section 45-8A-111. See Alabama Code 45-8A-111.01
  • AUTOMATED TRANSACTION: A transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. See Alabama Code 8-1A-2
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • 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.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequeath: To gift property by will.
  • Bequest: Property gifted by will.
  • 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
  • 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
  • Board: means the board of directors of the authority. See Alabama Code 45-8A-20.01
  • board: The civil service board created by this part. See Alabama Code 45-8A-71.01
  • Board: means the board of directors of the authority. See Alabama Code 45-8A-111.01
  • board: means the civil service board created by this part; "appointing authority" means in the case of employees in the offices of the elected officers of the city, such elected officers in the case of all other city employees, the city governing body, or board or other agency supervising their work. See Alabama Code 45-8A-130.01
  • Bonds: means and shall include bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-8A-20.01
  • Bonds: means and shall include bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-8A-111.01
  • bonds: The bonds issued under the provisions of this chapter. See Alabama Code 16-16-1
  • BRAC DISTRIBUTIONS: Bond proceeds to be distributed to the local school districts for purposes of and as allocated by this chapter. See Alabama Code 16-16A-2
  • BRAC IMPACTED AREA: The geographic area within Madison County and the City of Huntsville described by a closed perimeter boundary consisting of Cummings Research Park, East and West, Thornton Research Park, Redstone Gateway EUL Area, and Redstone Arsenal. See Alabama Code 16-16A-2
  • 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
  • broker: A broker as defined in Section 34-27-2. See Alabama Code 35-11-450
  • Business: includes every trade, occupation, and profession for profit. See Alabama Code 10A-8A-1.02
  • BUSINESS ASSOCIATION: A corporation, joint stock company, investment company, partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, safe deposit company, financial organization, insurance company, mutual fund, utility, or other business entity consisting of one or more persons, whether or not for profit. See Alabama Code 35-12-71
  • BUSINESS TRUST: A business trust as defined in Chapter 16. See Alabama Code 10A-1-1.03
  • 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
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Chambers: A judge's office.
  • cigarette: includes "roll-your-own" i. See Alabama Code 6-12-2
  • City: means the City of Anniston, Alabama. See Alabama Code 45-8A-20.01
  • city: The City of Jacksonville in Calhoun County. See Alabama Code 45-8A-71.01
  • City: means the City of Oxford, Alabama. See Alabama Code 45-8A-111.01
  • city: means the City of Weaver in Calhoun County; "employee" means any person including public works employees, assistant city clerk, city clerk and policemen, not excepted by Section 45-8A-130. See Alabama Code 45-8A-130.01
  • 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
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • client: A person or entity having an interest in commercial real estate that has entered into a written brokerage or agency agreement with a real estate broker relative to the commercial real estate. See Alabama Code 35-11-450
  • Commercial or nongame fish: as used in this article shall be limited to those freshwater fish designated as such by the Department of Conservation and Natural Resources and all species of saltwater fish. See Alabama Code 9-11-170
  • COMMERCIAL REAL ESTATE: Any real estate including real estate classified as agricultural for tax assessment purposes other than real estate containing one to four residential units. See Alabama Code 35-11-450
  • 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 Alabama Public Service Commission. See Alabama Code 8-19A-3
  • commission: The Alabama Public Service Commission;

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

  • 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 Agriculture and Industries. See Alabama Code 2-1-1
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • COMPUTER PROGRAM: A set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. See Alabama Code 8-1A-2
  • CONSTITUENT LIMITED PARTNERSHIP: means a constituent organization that is a limited partnership. See Alabama Code 10A-9A-10.01
  • Constituent organization: means an organization that is party to a merger under this article. See Alabama Code 10A-8A-9.01
  • CONSTITUENT ORGANIZATION: means an organization that is party to a merger under this article. See Alabama Code 10A-9A-10.01
  • Constituent partnership: means a constituent organization that is a partnership. See Alabama Code 10A-8A-9.01
  • 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: An individual who obtains, through a transaction, products or services which are used primarily for personal, family, or household purposes, and also means the legal representative of such an individual. See Alabama Code 8-1A-2
  • 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
  • Continuance: Putting off of a hearing ot trial until a later time.
  • contract: The total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. See Alabama Code 8-1A-2
  • 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
  • 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-8A-9.01
  • CONVERTED ORGANIZATION: means the organization into which a converting organization converts pursuant to this article. See Alabama Code 10A-9A-10.01
  • CONVERTING ENTITY: An entity as the entity existed before the entity's conversion. See Alabama Code 10A-1-1.03
  • CONVERTING LIMITED PARTNERSHIP: means a converting organization that is a limited partnership. See Alabama Code 10A-9A-10.01
  • Converting organization: means an organization that converts into another organization pursuant to this article. See Alabama Code 10A-8A-9.01
  • CONVERTING ORGANIZATION: means an organization that converts into another organization pursuant to this article. See Alabama Code 10A-9A-10.01
  • Converting partnership: means a converting organization that is a partnership. See Alabama Code 10A-8A-9.01
  • conveyance: A sale, lease, or other transfer of commercial real estate. See Alabama Code 35-11-450
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • 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.
  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • debt: Liability on a claim. See Alabama Code 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.
  • 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
  • depositor: An individual member or customer of a financial institution who meets all of the following requirements:

    a. See Alabama Code 5-27-2

  • DETERMINATION DATE: September 30 of the fiscal year in which the Authority obtains certification that the jobs requirements of this chapter have been satisfied. See Alabama Code 16-16A-2
  • Devise: To gift property by will.
  • Digital textbooks: means an interactive, multimedia electronic book or digital resources that can be used creatively by learners. See Alabama Code 16-16B-2
  • Director: means a member of the board of the authority. See Alabama Code 45-8A-20.01
  • Director: means a member of the board of the authority. See Alabama Code 45-8A-111.01
  • director: The Director of the Alabama Small Business Office of Advocacy. See Alabama Code 41-29-221
  • 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:
  • DISPLAY FOR SALE: To expose, place, exhibit, show, or in any fashion display any material for the purpose of the sale of such material to any person in a manner that a minor can physically examine or see the material. See Alabama Code 13A-12-200.1
  • Disqualified person: means any person who is not a qualified person. See Alabama Code 10A-8A-1.02
  • DISSEMINATE PUBLICLY: To expose, place, perform, exhibit, show or in any fashion display, in any location, public or private, any material in a manner that the material can either be readily seen and its content or character distinguished by normal unaided vision or be physically examined, by viewing or examining the material from any public place or any place to which members of the general public are invited. See Alabama Code 13A-12-200.1
  • DISTRESS MERCHANDISE SALE: Any offer to sell to the public or a sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is being held other than in the ordinary course of business and not otherwise defined herein. See Alabama Code 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: 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: except as otherwise provided in Section 10A-8A-4. See Alabama Code 10A-8A-1.02
  • distribution: except as otherwise provided in Section 10A-9A-5. See Alabama Code 10A-9A-1.02
  • 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
  • division: The Consumer Division of the Office of the Attorney General. See Alabama Code 8-19A-3
  • division: The Business Development Division of the Department of Commerce. See Alabama Code 41-29-221
  • 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
  • domicile: The state of incorporation of a corporation and the state of the principal place of business of a holder other than a corporation. See Alabama Code 35-12-71
  • Donee: The recipient of a gift.
  • Downtown development area: means the central business district of the city as established by ordinance of the city council. See Alabama Code 45-8A-20.01
  • Downtown development area: means the central business district of the city as established by ordinance of the city council. See Alabama Code 45-8A-111.01
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 10A-1-1.03
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, telephonic, or similar capabilities. See Alabama Code 8-1A-2
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 8-9B-2
  • ELECTRONIC AGENT: A computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. See Alabama Code 8-1A-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 RECORD: A record created, generated, sent, communicated, received, or stored by electronic means. See Alabama Code 8-1A-2
  • ELECTRONIC SIGNATURE: An electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Alabama Code 8-1A-2
  • 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: Any person, including firemen and policemen, not excepted by Section 45-8A-71. See Alabama Code 45-8A-71.01
  • 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
  • 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
  • entry: A chance or chances obtained by a depositor to win a designated prize or prizes in a savings promotion contest by complying with the terms and conditions of a savings promotion contest. See Alabama Code 5-27-2
  • 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
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • exhibitor: Any person engaged in the business of operating one or more theatres. See Alabama Code 8-18-2
  • 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
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • 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
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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 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
  • 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 INSTITUTION: A bank, savings institution, or credit union authorized to do business in Alabama under federal or state law. See Alabama Code 5-27-2
  • FINANCIAL ORGANIZATION: A savings and loan association, building and loan association, industrial loan organization, credit union, cooperative bank, bank, or banking organization. See Alabama Code 35-12-71
  • 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.
  • 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

  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • FOREIGN 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 LIMITED LIABILITY LIMITED PARTNERSHIP: means a foreign limited partnership whose general partners have limited liability for the obligations of the foreign limited partnership under a provision similar to Section 10A-9A-4. See Alabama Code 10A-9A-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 LIMITED PARTNERSHIP: means a partnership formed under the laws of a jurisdiction other than this state and required by those laws to have one or more general partners and one or more limited partners. See Alabama Code 10A-9A-1.02
  • 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
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • garrison: The Garrison located at Redstone Arsenal, Alabama, and any successor thereto. See Alabama Code 16-16A-2
  • GENERAL PARTNER: means a general partner of a limited partnership. See Alabama Code 10A-9A-10.01
  • GENERAL PARTNER: means :

    (A) with respect to a limited partnership, a person that:

    (i) is admitted as a general partner under Section 10A-9A-4. See Alabama Code 10A-9A-1.02

  • GENERAL PARTNERSHIP: A partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • 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.
  • 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

  • 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 body: means , with respect to the city, its city council, board of commissioners, or other like governing body. See Alabama Code 45-8A-20.01
  • GOVERNING BODY: The city council and, in the case of a separate board or instrumentality, the governing body of that board or instrumentality. See Alabama Code 45-8A-71.01
  • Governing body: means , with respect to the city, its city council, board of commissioners, or other like governing body. See Alabama Code 45-8A-111.01
  • GOVERNING BODY: The board or body in which the general legislative powers of a municipality or county are vested; provided, that this division shall not authorize any county, city or town to construct an undertaking provided for in paragraph (1) a of this section in any city or town or in any portion of a county which is then adequately served by a like undertaking or undertaking performing the proposed service; provided further, that nothing contained in this division shall authorize the construction or operation of an undertaking for the purpose of manufacturing ice for sale at retail or for retail to the public. See Alabama Code 11-81-140
  • Government securities: means 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 16-16B-2
  • GOVERNMENTAL AGENCY: An executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. See Alabama Code 8-1A-2
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • HARMFUL TO MINORS: The term means:

    a. See Alabama Code 13A-12-200.1

  • holder: A person in possession of property belonging to another, or who is a trustee in case of a trust, obligated to hold for the account of, or deliver to, or pay to, the owner or apparent owner as applicable, property that is subject to this article. See Alabama Code 35-12-71
  • 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
  • importer: Any person in the United States to whom non-tax paid tobacco products or cigarette papers or tubes, or any processed tobacco, manufactured in a foreign country, Puerto Rico, the Virgin Islands, or a possession of the United States are shipped or consigned; any person who removes cigars or cigarettes for sale or consumption in the United States from a customs bonded manufacturing warehouse; and any person who smuggles or otherwise unlawfully brings tobacco products or cigarette papers or tubes, or any processed tobacco, into the United States. See Alabama Code 6-12-2
  • includes: Is not a limiting term. See Alabama Code 8-9A-1
  • Incorporators: means the persons forming a public corporation organized pursuant to the provisions of this part. See Alabama Code 45-8A-20.01
  • Incorporators: means the persons forming a public corporation organized pursuant to this part. See Alabama Code 45-8A-111.01
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • individual: A 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
  • information: Data, text, images, sounds, codes, computer programs, software, databases, or the like. See Alabama Code 8-1A-2
  • INFORMATION PROCESSING SYSTEM: An electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. See Alabama Code 8-1A-2
  • Infrastructure: means the hardware and software resources that enable network connectivity, communication, operations, and management. See Alabama Code 16-16B-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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

  • INSURANCE COMPANY: An association, corporation, or fraternal or mutual benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including, but not limited to, accidental, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection, and workers' compensation insurance. See Alabama Code 35-12-71
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • 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
  • Intestate: Dying without leaving a will.
  • 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
  • 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
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 1-1-1
  • 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
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • 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.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Legislature: means the Legislature of Alabama. See Alabama Code 16-16B-2
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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
  • 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 claim against real or personal property in satisfaction of a debt.
  • lien: A charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common law lien, or a statutory lien. See Alabama Code 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
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 10A-1-1.03
  • 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 PARTNER: means :

    (A) with respect to a limited partnership, a person that:

    (i) is admitted as a limited partner under Section 10A-9A-3. See Alabama Code 10A-9A-1.02

  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • MASTER SETTLEMENT AGREEMENT: The settlement agreement, and related documents, entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. See Alabama Code 6-12-2
  • 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
  • merchant: A person who, directly or indirectly, offers or makes available to consumers any consumer goods or services. See Alabama Code 8-19A-3
  • 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

  • MIGRATORY WATERFOWL: Any wild duck, wild goose, brant or coot (poule d'eau). See Alabama Code 9-11-430
  • mineral: Gas; oil; coal; other gaseous, liquid, and solid hydrocarbons; oil shale; cement material; sand and gravel; road material; building stone; chemical raw material; gemstone; fissionable and nonfissionable ores; colloidal and other clay; steam and other geothermal resource; or any other substance defined as a mineral by the law of this state. See Alabama Code 35-12-71
  • MINERAL PROCEEDS: Amounts payable for the extraction, production, or sale of minerals, or, upon the abandonment of those payments, all payments that become payable thereafter. See Alabama Code 35-12-71
  • minor: Any unmarried person under the age of 18 years. See Alabama Code 13A-12-200.1
  • 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.
  • municipality: Such term shall include any incorporated city or town in the state. See Alabama Code 11-81-140
  • non compos mentis: include all persons of unsound mind. See Alabama Code 1-1-1
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 10A-1-1.03
  • Not for profit activity: includes every undertaking not for profit. See Alabama Code 10A-8A-1.02
  • oath: includes affirmation. See Alabama Code 1-1-1
  • obscene: The term means that:

    a. See Alabama Code 13A-12-200.1

  • office: The Alabama Small Business Office of Advocacy. See Alabama Code 41-29-221
  • 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
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • 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: 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 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-8A-9.01
  • 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-9A-10.01
  • Organization: means a person other than an individual. See Alabama Code 8-9B-2
  • Organizational documents: means :

    (A)(i) for a partnership, its partnership agreement and, if applicable, its statement of partnership, statement of not for profit partnership, or statement of limited liability partnership; and (ii) for a foreign partnership, its partnership agreement and, if applicable, its statement of 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 formation, bylaws, and other agreements among its shareholders 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 formation, 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 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

    (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-8A-9.01

  • 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 formation, bylaws, and other agreements among its shareholders 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 formation, 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 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

    (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-9A-10.01

  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: A person who has a legal or equitable interest in property subject to this article or the person's legal representative. See Alabama Code 35-12-71
  • PARTICIPATING FINANCIAL INSTITUTION: A financial institution, as defined above, that is sponsoring a savings promotion contest. See Alabama Code 5-27-2
  • 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

  • partner: means a limited partner or general partner. See Alabama Code 10A-9A-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: 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
  • PARTNERSHIP AGREEMENT: means 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 limited partnership. See Alabama Code 10A-9A-1.02
  • Partnership at will: means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking. See Alabama Code 10A-8A-1.02
  • 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
  • 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 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 Rating Group 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 to 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% collateralization or the "AA" collateral levels established by Standard & Poor's Ratings Group 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 perfected security interest in such obligations, and which meet the greater of 100% collateralization or the "AA" collateral levels established by Standard & Poor's Ratings Group 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 Ratings Group and at least "Aa" by Moody's Investors Service. See Alabama Code 16-16A-2
  • 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 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, group of individuals, firm, association, corporation, partnership, joint venture, sole proprietorship, or any other business entity. See Alabama Code 8-19A-3
  • 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 and, except where inappropriate, any partnership, firm, association, corporation or other legal entity. See Alabama Code 13A-12-200.1
  • person: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 2-1-1
  • person: means an individual, partnership, committee, association, corporation, or any other organization or group of persons. See Alabama Code 6-12-2
  • person: An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Alabama Code 8-1A-2
  • 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: An individual, business association, financial organization, estate, trust, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 35-12-71
  • 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 DISSOCIATED AS A GENERAL PARTNER: means a person dissociated as a general partner of a limited partnership. See Alabama Code 10A-9A-1.02
  • Person dissociated as a partner: means a person dissociated as a partner of a partnership. See Alabama Code 10A-8A-1.02
  • Personal Property Instrument: means any instrument or document affecting the title to personal property only (as distinguished from real property) that may be now or hereafter required to be filed or titled for record in the probate office, in accordance with the applicable requirements of the laws of this state, including, without limitation, Sections 35-4-50 and 35-4-90. See Alabama Code 45-23-83.01
  • 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.
  • 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.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal office: means 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 45-8A-20.01
  • Principal office: means 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 45-8A-111.01
  • 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.
  • produce: Create, make, write, film, produce, reproduce, direct, or stage. See Alabama Code 13A-12-200.1
  • PROFESSIONAL CORPORATION: A domestic or foreign professional corporation as defined in Chapter 4. See Alabama Code 10A-1-1.03
  • 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
  • Project: means 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 downtown development area. See Alabama Code 45-8A-20.01
  • Project: means 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 45-8A-111.01
  • 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: 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: Tangible property held in a safe deposit box or other safekeeping depository in this state, and fixed and certain interest in intangible property that is held, issued, or owed in the course of a holder's business, or by a government, governmental subdivision, agency, or instrumentality, and all income or increments therefrom. See Alabama Code 35-12-71
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • purchaser: A person who is solicited to become or does become obligated to a commercial telephone seller. See Alabama Code 8-19A-3
  • QUALIFIED ESCROW FUND: An escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least one billion dollars ($1,000,000,000), where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing, or directing the use of the funds' principal except as consistent with subdivision (2) of subsection (a) of Section 6-12-3. See Alabama Code 6-12-2
  • QUALIFYING ACCOUNT: A savings account or other savings product that is offered by a participating financial institution and that meets all of the following requirements:

    a. See Alabama Code 5-27-2

  • REAL ESTATE: Real property as defined in subdivision (7) of Section 1-1-1. See Alabama Code 35-11-450
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • Real Property Instrument: means and 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, without limitation, Section 12-13-43, and all statutes providing for the filing and recording of notices or statements of liens of any kind, notices of judgment, and plats or maps showing subdivisions of real estate. See Alabama Code 45-23-83.01
  • 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
  • record: 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 8-1A-2
  • record: 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 35-12-71
  • 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
  • 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
  • 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
  • RELEASED CLAIMS: Released claims as that term is defined in the Master Settlement Agreement. See Alabama Code 6-12-2
  • RELEASING PARTIES: Releasing parties as that term is defined in the Master Settlement Agreement. See Alabama Code 6-12-2
  • 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.
  • Required information: means the information that a partnership is required to maintain under Section 10A-8A-1. See Alabama Code 10A-8A-1.02
  • REQUIRED INFORMATION: means the information that a limited partnership is required to maintain under Section 10A-9A-1. See Alabama Code 10A-9A-1.02
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • rules: Rules necessary to carry out this article adopted pursuant to the Administrative Procedure Act. See Alabama Code 35-12-71
  • 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

  • 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 PROMOTION ACCOUNT: A contest or promotion sponsored by a financial institution or a group of financial institutions in which a chance of winning designated prizes is obtained by a depositor when the depositor either:

    a. See Alabama Code 5-27-2

  • 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
  • SECURITY PROCEDURE: A procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. See Alabama Code 8-1A-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • services: Work, labor, and other services, including but not limited to services furnished in connection with the sale or repair of goods. See Alabama Code 8-19-3
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • SEXUAL CONDUCT: The term means:

    a. See Alabama Code 13A-12-200.1

  • 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
  • SMALL BUSINESS: A small business, as defined in Section 25-10-3. See Alabama Code 41-29-221
  • Spearing: as used in this article shall be limited to the use of a spear or similar instrument that is held in the hand of the person using same and the use of a weapon, other than a firearm, which propels or forces a projectile, arrow or similar device therefrom to which a wire, rope, line, cord or other means of recovering the propelled projectile, arrow or similar device is attached and is secured to the weapon or to the person using the weapon. See Alabama Code 9-11-170
  • stamp: The state migratory waterfowl stamp furnished by the department. See Alabama Code 9-11-430
  • State: means the State of Alabama. See Alabama Code 45-8A-20.01
  • State: means the State of Alabama. See Alabama Code 45-8A-111.01
  • state: A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Alabama Code 8-1A-2
  • state: The State of Alabama. See Alabama Code 16-16-1
  • State: means the State of Alabama. See Alabama Code 16-16B-2
  • state: A state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Alabama Code 35-12-71
  • 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.
  • Subpoena: A command to a witness to appear and give testimony.
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 1-1-1
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surviving organization: means an organization into which one or more other organizations are merged under this article, whether the organization pre-existed the merger or was created pursuant to the merger. See Alabama Code 10A-8A-9.01
  • SURVIVING ORGANIZATION: means an organization into which one or more other organizations are merged under this article, whether the organization pre-existed the merger or was created pursuant to the merger. See Alabama Code 10A-9A-10.01
  • take: To harass, hunt, capture or kill, or attempt to harass, hunt, capture or kill any marine mammal. See Alabama Code 9-11-391
  • 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
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • theatre: Any establishment in which motion pictures are exhibited to the public regularly for a charge. See Alabama Code 8-18-2
  • TOBACCO PRODUCT MANUFACTURER: An entity that, after June 9, 1999, directly, and not exclusively through any affiliate:

    a. See Alabama Code 6-12-2

  • 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.
  • 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
  • transaction: An action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. See Alabama Code 8-1A-2
  • 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-8A-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-9A-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 partner's right to receive distributions from a partnership. See Alabama Code 10A-8A-1.02
  • TRANSFERABLE INTEREST: means a partner's right to receive distributions from a limited partnership. See Alabama Code 10A-9A-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
  • 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-9A-1.02
  • treasurer: The Treasurer of the State of Alabama, or the designee of the Treasurer. See Alabama Code 35-12-71
  • Trust fund: means the Education Trust Fund, formerly designated as the Alabama Special Educational Trust Fund, the name of which was changed to the Education Trust Fund, effective October 1, 1996, pursuant to Act No. See Alabama Code 16-16B-2
  • Trustee: A person or institution holding and administering property in trust.
  • undertaking: Such term shall include all of the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed:

    a. See Alabama Code 11-81-140

  • 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
  • UNITS SOLD: The number of individual cigarettes sold in the state by the applicable tobacco product manufacturer, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, during the year in question, as measured by excise taxes collected by the state on packs, or roll-your-own tobacco containers, bearing the excise tax stamp of the state. See Alabama Code 6-12-2
  • 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
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • utility: Any person who owns or operates, for public use, any plant, equipment, real property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas. See Alabama Code 35-12-71
  • 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
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • warden: The game and fish warden or agent provided for in the game and fish laws of this state. See Alabama Code 9-11-1
  • wholesaler: A person who distributes material for the purpose of resale or commercial distribution at retail. See Alabama Code 13A-12-200.1
  • wired: means Wireless Infrastructure Renovation for Education Plan, the approved standards-based funding model developed by the Alabama Educational Technology Association (AETA), and endorsed by the State Board of Education, which shall be the minimum requirement for all school systems. See Alabama Code 16-16B-2
  • wlan: means a wireless local area network. See Alabama Code 16-16B-2
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1