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34-13-12
Section 34-13-12 Truthfulness of documentary information; rights and obligations of funeral
establishment; liability. (a) Any person signing a funeral service agreement, cremation authorization
form, or any other authorization for disposition by his or her signature shall attest to the
truthfulness of any facts set forth in the document including, but not limited to, the identity
of the decedent whose remains are to be buried, cremated, or otherwise disposed of and the
authority of the person to order the disposition. A funeral establishment may rely on a funeral
service agreement, contract, or authorization in carrying out the instructions of the person
the funeral establishment reasonably believes to hold the right of disposition. A funeral
establishment is not responsible for contacting or independently investigating the existence
of any next-of-kin or relative of a decedent. If there is more than one person in a class
with equal priority and the funeral establishment has no...
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35-10-98
Section 35-10-98 Liability. (a) Except as otherwise provided in subsection (b), a satisfaction
agent or any other person who executes an affidavit of satisfaction of a security instrument
erroneously or as a result of negligence or non-compliance with this article is liable to
the secured creditor for any actual economic damages caused by the recording of the satisfaction.
(b) This article does not apply to the liability of a satisfaction agent who executes an affidavit
of satisfaction of a security instrument erroneously as a result of wantonness, recklessness,
or deliberate misconduct, nor does this article apply to the liability of a person other than
a satisfaction agent who erroneously executes an affidavit of satisfaction. (Act 2012-278,
p. 554, §9.)...
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13A-3-21
Section 13A-3-21 Basis for defense generally; injury to innocent person through negligence;
civil remedies. (a) Defense. Except as otherwise expressly provided, justification or excuse
under this article is a defense. (b) Danger to innocent persons. If a person is justified
or excused in using force against a person, but he recklessly or negligently injures or creates
a substantial injury to another person, the justifications afforded by this article are unavailable
in a prosecution for such recklessness or negligence. (c) Civil remedy unimpaired. Any justification
or excuse within the meaning of this article does not abolish or impair any civil remedy or
right of action which is otherwise available. (Acts 1977, No. 607, p. 812, §601.)...
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22-19-177
Section 22-19-177 Immunity. (a) In the absence of wantonness or willful misconduct, a person
that acts in accordance with this article or with the applicable anatomical gift law of another
state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal
prosecution, or administrative proceeding. (b) In the absence of wantonness or willful misconduct,
neither the person making an anatomical gift nor the donor's estate is liable for any injury
or damage that results from the making or use of the gift. (c) In determining whether an anatomical
gift has been made, amended, or revoked under this article, a person may rely upon representations
of an individual listed in Section 22-19-168(a)(2), (3), (4), (5), (6), (7), or (8) relating
to the individual's relationship to the donor or prospective donor unless the person knows
that the representation is untrue. (Act 2008-453, p. 867, §1.)...
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26-23A-10
Section 26-23A-10 Remedies. In addition to whatever remedies are available under the common
or statutory law of this state, failure to comply with the requirements of this chapter shall:
(1) Provide a basis for a civil action for compensatory and punitive damages. Any conviction
under this chapter shall be admissible in a civil suit as prima facie evidence of a failure
to obtain an informed consent or parental or judicial consent. The civil action may be based
on a claim that the act was a result of simple negligence, gross negligence, wantonness, willfulness,
intention, or other legal standard of care. (2) Provide a basis for professional disciplinary
action under any applicable statutory or regulatory procedure for the suspension or revocation
of any license for physicians, psychologists, licensed social workers, licensed professional
counselors, registered nurses, or other licensed or regulated persons. Any conviction of any
person for any failure to comply with the requirements of...
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45-37A-100.05
Section 45-37A-100.05 Administrative hearings; contesting liability; fines and costs; affirmative
defenses. (a) An administrative hearing officer appointed by the mayor of the city is vested
with the power and jurisdiction to conduct administrative hearings of civil violations provided
for in this article. (b) A person who receives a notice of violation may contest the imposition
of the fine by submitting a request for an administrative hearing of the civil violation,
in writing, within 15 days of the 10th day after the date the notice of violation is mailed.
Upon receipt of a timely request, the city or its designee shall notify the person of the
date and time of the administrative hearing by United States mail. (c) Failure to pay a fine
or to contest liability in a timely manner is an admission of liability in the full amount
of the fine assessed in the notice of violation. (d) Any fine imposed pursuant to this article
shall not be collected if, after a hearing, the administrative...
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45-37A-42.05
Section 45-37A-42.05 Administrative hearings; contesting liability; fines and costs; affirmative
defenses. (a) An Administrative Hearing Officer appointed by the Mayor of the city is vested
with the power and jurisdiction to conduct administrative hearings of civil violations provided
for in this part. (b) A person who receives a notice of violation may contest the imposition
of the fine by submitting a request for an administrative hearing of the civil violation,
in writing, within 15 days of the 10th day after the date the notice of violation is mailed.
Upon receipt of a timely request, the city or its designee shall notify the person of the
date and time of the administrative hearing by U.S. mail. (c) Failure to pay a fine or to
contest liability in a timely manner is an admission of liability in the full amount of the
fine assessed in the notice of violation. (d) Any fine imposed pursuant to this part shall
not be collected if, after a hearing, the Administrative Hearing Officer...
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13A-8-90
Section 13A-8-90 Violations; penalties. (a) For purposes of this section, the following words
have the following meanings: (1) AUDIOVISUAL IMAGE. A series of related images which are intended
to impart an impression of motion when shown in succession by means of a machine or device.
(2) AUDIOVISUAL RECORDING FUNCTION. The capability of a device to record or transmit a motion
picture or any part thereof. (3) MOTION PICTURE THEATER. A movie theater, screening room,
or other venue that is being utilized primarily for the exhibition of a motion picture at
the time of the offense. (4) COMMERCIALLY DISTRIBUTE. To sell, lease, rent, or distribute
for pecuniary gain. (b) Any person who knowingly operates the audiovisual recording function
of any device in a motion picture theater for the purpose of recording a motion picture with
the intent to violate the property rights of the owner of the motion picture commits the crime
of unlawful operation of a recording device. For purposes of this...
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36-25A-9
Section 36-25A-9 Enforcement; hearings; penalties and remedies. (a) This chapter is designed
and intended to hold members of governmental bodies, and the bodies themselves, accountable
to the public for violations of this chapter. Therefore, enforcement of this chapter, except
a violation of Section 26-25A-3(a)(1), may be sought by civil action brought in the county
where the governmental body's primary office is located by any media organization, any Alabama
citizen impacted by the alleged violation to an extent which is greater than the impact on
the pubic at large, the Attorney General, or the district attorney for the circuit in which
the governmental body is located; provided, however, that no member of a governmental body
may serve as a plaintiff in an action brought against another member of the same governmental
body for an alleged violation of this chapter. The complaint shall be verified, shall state
specifically the applicable ground or grounds for the complaint as set out...
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45-37A-42.06
Section 45-37A-42.06 Order of administrative hearing officer; judicial review. (a) Following
an administrative hearing, the Administrative Hearing Officer shall issue an order stating:
(1) Whether the person charged with the civil violation is liable for the violation; and (2)
If the person is found to be liable, the amount of the fine assessed against the person, along
with the fees and costs provided for herein. (b) Orders issued under this section may be filed
in the office of the judge of probate in any county in Alabama, and shall operate as a judicial
lien in the same manner and with the same weight and effect as any other civil judgment filed
therein. (c) A person who is found liable after an administrative hearing may challenge that
finding of civil liability in the Jefferson County Circuit Court, by filing a petition for
judicial review with the Jefferson County Circuit Court. The petition for judicial review
must be filed not later than the 14th day after the date on which...
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