Code of Alabama

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13A-6-134
or herself or another family or household member from domestic violence may not be arrested
for a violation of Section 13A-6-130, 13A-6-131, 13A-6-132, or 13A-6-138. In determining whether
a person is the predominant aggressor, the officer shall consider all of the following: (1)
Prior complaints of domestic violence. (2) The relative severity of the injuries inflicted
on each person, including whether the injuries are offensive versus defensive in nature. (3)
The likelihood of future injury to each person. (4) Whether the person had reasonable
cause to believe he or she was in imminent danger of becoming a victim of any act of domestic
violence. (5) Whether one of the persons acted in self-defense. (b) A law enforcement officer
shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage
the request for intervention by law enforcement by any party or base the decision to arrest
or not to arrest on either of the following: (1) The specific...
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26-2A-152
Section 26-2A-152 Powers of conservator in administration. (a) Subject to limitation provided
in Section 26-2A-154, a conservator shall have all of the powers conferred in this section
and any additional powers now or hereafter conferred by law on trustees in this state. In
addition, a conservator of the estate of an unmarried minor as to whom no one has parental
rights, has the powers of a guardian of a minor described in Section 26-2A-78 until the minor
attains the age of 19 years, or the disabilities of nonage have been removed, but the parental
rights so conferred on a conservator do not preclude appointment of a guardian as provided
in Division 1 of this article. (b) A conservator without court authorization or confirmation
may invest and reinvest funds of the estate as would a trustee. (c) A conservator, acting
as a fiduciary in efforts to accomplish the purpose of the appointment, may act without court
authorization or confirmation, to (1) Collect, hold, and retain assets of the...
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27-29-1
gross written premiums of the insurance holding company system are at least ten billion dollars
($10,000,000,000). (9) PERSON. An individual, a corporation, a limited liability company,
a partnership, an association, a joint-stock company, a trust, an unincorporated organization,
or any similar entity or any combination of the foregoing acting in concert, but shall not
include any joint venture partnership exclusively engaged in owning, managing, leasing, or
developing real or tangible personal property. (10) SECURITYHOLDER. One who owns any
security of such person, including common stock, preferred stock, debt obligations, and other
security convertible into, or evidencing, the right to acquire any of the foregoing. (11)
SUBSIDIARY. An affiliate controlled by such person, directly or indirectly, through one or
more intermediaries. (12) VOTING SECURITY. The term shall include any security convertible
into, or evidencing, a right to acquire a voting security. (Acts 1973, No. 1042,...
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34-27A-2
Section 34-27A-2 Definitions. The following terms as used in this article shall have the following
meanings: (1) APPRAISAL. The act or process of developing an opinion of value of real property;
an opinion of the value of real property; of or pertaining to appraising real property and
related functions such as appraisal practice or appraisal services. (2) APPRAISAL FOUNDATION.
The Appraisal Foundation incorporated as an Illinois not-for-profit corporation on November
30, 1987. (3) APPRAISAL MANAGEMENT COMPANY. An external third party including, but not limited
to, a corporation, partnership, sole proprietorship, subsidiary, or limited liability company,
authorized either by a creditor of a consumer credit transaction secured by the principal
dwelling of a consumer or by an underwriter of or other principal in the secondary mortgage
markets, that oversees a network or panel of more than four certified or licensed appraisers
in a state or 25 or more nationally in a given year, that...
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12-15-106
ratified by the original signature of a judge with authority over juvenile matters. (h) Matters
Before the Referee Needing Immediate Action. If a matter before a referee requires immediate
action, the referee shall state in his or her written findings and recommendations why the
recommendations should be effective immediately. These matters for immediate action may include,
but are not limited to, matters of contempt, the physical safety of the child, or the safety
of others, or when the personal liberty of the child may be infringed. In such event,
the written recommendations of the referee shall be effective and binding, upon the consent
of the parties, for a period not exceeding 72 hours. In the event the parties do not consent
to immediate action, the recommendations shall be reviewed immediately by any judge with authority
over juvenile matters, who may order an appropriate temporary order based on the findings
and recommendations, which order will be effective for a period not...
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34-14A-15
a licensee, the aggrieved homeowner may, when the judgment is final, file a verified claim
in the court in which the judgment was entered and, on 30 days' written notice to the board,
may apply to the court for an order directing payment out of the Homeowners' Recovery Fund
of the amount remaining unpaid on the judgment. (4) The court shall proceed on such application
and the complainant shall be required to show that: a. He or she is not the spouse, child,
or parent of the debtor, or the personal representative of the spouse, child, or parent
or a shareholder, officer, or director of the debtor. b. He or she has obtained a judgment,
as described in this section, stating the amount of the judgment and the amount owing on the
judgment at the date of the application, and, that in such action, he or she had joined any
and all bonding companies which issued corporate surety bonds to the judgment debtor as principal
and all other necessary parties. c. The following items, if recovered by...
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10A-2A-1.40
Section 10A-2A-1.40 Chapter definitions. Notwithstanding Section 10A-1-1.03, as used in this
chapter, unless otherwise specified or unless the context otherwise requires, the following
terms have the following meanings: (1) AUTHORIZED STOCK means the stock of all classes and
series a corporation or foreign corporation is authorized to issue. (2) BENEFICIAL STOCKHOLDER
means a person who owns the beneficial interest in stock, which is either a record stockholder
or a person on whose behalf shares of stock are registered in the name of an intermediary
or nominee. (3) CERTIFICATE OF INCORPORATION means the certificate of incorporation described
in Section 10A-2A-2.02, all amendments to the certificate of incorporation, and any other
documents permitted or required to be delivered for filing by a corporation with the Secretary
of State under this chapter or Chapter 1 that modify, amend, supplement, restate, or replace
the certificate of incorporation. After an amendment of the certificate...
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37-11A-1
by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies
the compact. Article III. For purposes of this compact, the following terms shall have the
following meanings: (1) Person means an individual, a corporation, a partnership, or any other
entity. (2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part
I of the Interstate Commerce Act [codified as 49 U.S.C. ยง1(3)]. (3) Railroad properties and
facilities mean any real or personal property or interest in property which is owned,
leased, or otherwise controlled by a railroad or other person, including, without limitation,
the authority, and which are used or are useful in rail transportation service, including,
without limiting the generality of the foregoing: a. Track, roadbed, and related structures,
including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles,
culverts, elevated structures, stations, office buildings used for operating...
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27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives of the commission shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
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22-21-260
Section 22-21-260 Definitions. As used in this article, the following words and terms, and
the plurals thereof, shall have the meanings ascribed to them in this section, unless otherwise
required by their respective context: (1) ACQUISITION. Obtaining the legal equitable title
to a freehold or leasehold estate or otherwise obtaining the substantial benefit of such titles
or estates, whether by purchase, lease, loan or suffrage, gift, devise, legacy, settlement
of a trust or means whatever, and shall include any act of acquisition. The term "acquisition"
shall not mean or include any conveyance, or creation of any lien or security interest by
mortgage, deed of trust, security agreement, or similar financing instrument, nor shall it
mean or include any transfer of title or rights as a result of the foreclosure, or conveyance
or transfer in lieu of the foreclosure, of any such mortgage, deed of trust, security agreement,
or similar financing instrument, nor shall it mean or include any...
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