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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
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26-1A-120
Section 26-1A-120 Liability for refusal to accept acknowledged power of attorney. (a) Except
as otherwise provided in subsection (b): (1) a person shall either effect a requested transaction
in reliance upon an acknowledged power of attorney or request a certification, a translation,
or an opinion of counsel under Section 26-1A-119(d) within a reasonable time after presentation
of the power of attorney and a request to effect the transaction; (2) if a person requests
a certification, a translation, or an opinion of counsel under Section 26-1A-119(d), the person
shall effect the transaction in reliance upon the power of attorney within a reasonable time
after receipt of the certification, translation, or opinion of counsel; and (3) a person may
not require an additional or different form of power of attorney for authority granted in
the power of attorney presented. (b) A person is not required to effect a transaction in reliance
upon an acknowledged power of attorney: (1) if the person...
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30-3-62
Section 30-3-62 Who may petition for withholding order; withholding on existing support orders;
filing with clerk; service; hearing; issuance of order; contents; when order takes effect;
entry of support and withholding orders by different courts; termination of withholding. (a)
Section 8-5-21 to the contrary notwithstanding, and in addition to and independent of any
other remedy provided by law for the enforcement of support, the obligee, district attorney,
or representative of the Department of Human Resources may file with a court of this state,
as defined in this article, a petition seeking an order of income withholding. Additionally,
for all existing support orders issued in the State of Alabama that do not provide for income
withholding and upon the filing of an application for support services by the obligee with
the department, the department shall petition the court for an income withholding order pursuant
to this section. The obligee, district attorney, or representative of...
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34-3-80
Section 34-3-80 Establishment of procedural rules; procedure generally. The Board of Commissioners
shall establish rules governing procedure in cases involving alleged professional misconduct
of members of the State Bar. The Grievance Committee of the Alabama State Bar or the Grievance
Committee of a circuit, county, or city association, established or approved by the Alabama
State Bar or its Board of Commissioners, shall have the power and authority to investigate
any alleged professional misconduct of a member of the State Bar, whether or not charge or
complaint therefor is made or referred to it, and to report its findings or recommendations
to the Board of Commissioners, or to prefer complaint or charge thereon against the accused
attorney-at-law before the Board of Commissioners for trial thereof, and to prosecute to decision
the complaint or charge before the Board of Commissioners, and the duty is imposed upon the
Board of Commissioners of considering such findings or...
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12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when he or
she is approved for a pretrial diversion program established under this division. The amount
of the fee for participation in the program shall be in addition to any court costs, assessments
for crime victim's compensation fund, Department of Forensic Sciences assessments, drug, alcohol,
or anger management treatments required by law, restitution, or costs of supervision or treatment.
A schedule of payments for any of these fees may be established by the district attorney.
(b) The amount of the administration fee shall be determined by the district attorney. The
administration fees shall not exceed the amount assessed for a first offense pursuant to Section
13A-12-281(a) for each case for which the offender makes application for acceptance into the
pretrial diversion program. (c)(1) An applicant may not be denied access into the pretrial
diversion program based solely on his or her inability to...
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13A-8-200
Section 13A-8-200 Block on false information in credit reports. (a) As used in this section,
the following words shall have the following meanings: (1) CONSUMER CREDIT REPORT. The term
shall mean the same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC
Sections 1681a and 1681b, as amended. (2) CONSUMER REPORTING AGENCY. The term shall mean the
same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC Sections 1681a
and 1681b, as amended. (3) PERSON. Any individual, partnership, corporation, trust, estate,
cooperative, association, government or governmental subdivision or agency, or other entity.
(b)(1) If a consumer submits to a consumer reporting agency a court order as described in
Section 13A-8-198, the consumer reporting agency shall, within 30 days of receipt, employ
reasonable procedures to block reporting any information in the consumer's credit report identified
in the court order that is the result of a criminal violation of the...
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6-6-740
Section 6-6-740 Judgment for failure to pay over money collected or deliver personal property
recovered in capacity as attorney. (a) Judgment may, in like manner, be summarily entered
against any attorney-at-law in this state who fails to pay over money collected by him or
deliver personal property recovered by him in that capacity, whether by an action or otherwise,
on demand made by the person entitled thereto, his agent or attorney for the amount collected
or the value of the property recovered, less the amount due the attorney for fees or compensation
for services, interest thereon, and damages at the rate of five percent a month, after such
demand, on the aggregate amount, in the circuit court of the county in which such attorney
resides or, if he has no known place of residence in this state, in the circuit court of any
county, on three days' personal notice; but such attorney may, if a doubt exists as to the
right of the person making the demand or if there is a dispute as to...
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13A-11-61.3
Section 13A-11-61.3 Regulation of firearms, ammunition, and firearm accessories. (a) The purpose
of this section is to establish within the Legislature complete control over regulation and
policy pertaining to firearms, ammunition, and firearm accessories in order to ensure that
such regulation and policy is applied uniformly throughout this state to each person subject
to the state's jurisdiction and to ensure protection of the right to keep and bear arms recognized
by the Constitutions of the State of Alabama and the United States. This section is to be
liberally construed to accomplish its purpose. (b) For the purposes of this section, the following
words shall have the following meanings: (1) AMMUNITION. Fixed cartridge ammunition, shotgun
shells, the individual components of fixed cartridge ammunition and shotgun shells, projectiles
for muzzle-loading firearms, and any propellant used in firearms or ammunition. (2) EXPRESSLY
AUTHORIZED BY A STATUTE OF THIS STATE. The authority of...
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26-2B-301
Section 26-2B-301 Transfer of guardianship or conservatorship to another state. (a) A guardian
or conservator appointed in this state may petition the court to transfer the guardianship
or conservatorship to another state. (b) Notice of a petition under subsection (a) must be
given to the persons that would be entitled to notice of a petition in this state for the
appointment of a guardian or conservator pursuant to Section 26-2A-103 as required by Section
26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act. (c) On the court's
own motion or on request of the guardian or conservator, the incapacitated or protected person,
or other person required to be notified of the petition, the court shall hold a hearing on
a petition filed pursuant to subsection (a). (d) The court shall issue a provisional order
granting a petition to transfer a guardianship and shall direct the guardian to petition for
guardianship in the other state if the court is satisfied that the...
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6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
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