12-19-273
Section 12-19-273 Court to exercise sound discretion and specifically set forth reasons for
award; factors to be considered. In determining the amount of an award of costs or attorneys'
fees, the court shall exercise its sound discretion. When granting an award of costs and attorneys'
fees, the court shall specifically set forth the reasons for such award and shall consider
the following factors, among others, in determining whether to assess attorneys' fees and
costs and the amount to be assessed: (1) The extent to which any effort was made to determine
the validity of any action, claim or defense before it was asserted; (2) The extent of any
effort made after the commencement of an action to reduce the number of claims being asserted
or to dismiss claims that have been found not to be valid; (3) The availability of facts to
assist in determining the validity of an action, claim or defense; (4) The relative financial
position of the parties involved; (5) Whether or not the action was...
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45-17-20
Section 45-17-20 Rules and regulations; violations. (a) The Legislature finds that the authority
of the Legislature to enact local laws regulating the liquor traffic is preserved in Section
104 of the Constitution of Alabama of 1901, and pursuant to this authority the Legislature
enacts this local law. (b) Each local governmental entity in Colbert County, whether it be
a municipal governing body or the county commission, may promulgate and implement rules and
regulations for controlling the liquor traffic within the jurisdiction of the local governmental
entity by allowing or prohibiting nudity, topless dancing, or any other type of similar live
entertainment on the premises of a business which serves or sells alcoholic beverages or allows
the public to consume alcoholic beverages on the premises. The rules and regulations shall
be adopted by a majority vote of the governing body of the local governmental entity and the
action shall be spread upon the minutes of a regular meeting of...
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45-45-20.01
Section 45-45-20.01 Rules and regulations governing liquor traffic; violations. (a) The Legislature
finds that the authority of the Legislature to enact local laws regulating the liquor traffic
is preserved in Section 104 of the Constitution of Alabama of 1901, now appearing as Section
104 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and
pursuant to this authority the Legislature enacts this local law. (b) Each local governmental
entity in Madison County, whether it be a municipal governing body or the county commission,
may promulgate and implement rules and regulations for controlling the liquor traffic within
the jurisdiction of the local governmental entity, by allowing or prohibiting nudity, topless
dancing, or any other type of similar live entertainment on the premises of a business which
serves or sells alcoholic beverages or allows the public to consume alcoholic beverages on
the premises. The rules and regulations shall be adopted by a...
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10A-1-6.01
Section 10A-1-6.01 Definitions. In this division: (1) "Delegate" means a person who
is serving or who has served as a representative of an enterprise at the request of that enterprise
at another enterprise. A person is a delegate to an employee benefit plan if the performance
of the person's official duties to the enterprise also imposes duties on or otherwise involves
service by the person to the plan or participants in or beneficiaries of the plan. (2) "Enterprise"
means a domestic entity or an organization subject to this article, including a predecessor
domestic entity or organization. (3) "Expenses" includes court costs and attorney's
fees. The term does not include a judgment, a penalty, a settlement, a fine, or an excise
or similar tax or an excise tax assessed against the person regarding an employee benefit
plan. (4) "Former governing person" means a person who was a governing person of
an enterprise. (5) "Official capacity" means: (A) with respect to a governing person,
the...
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12-17-94
Section 12-17-94 Duties generally. (a) The duties of the clerks of the circuit court include
all of the following: (1) To sign and issue all summons, subpoenas, writs, executions, and
other processes, under the authority of the court. (2) To keep a consolidated docket sheet
of civil and criminal cases, the names of the parties, the character of action or offense,
the names of the attorneys and the sheriff's return, which shall be entered in all civil and
criminal cases standing for trial, in the order in which they are brought, and the bench notes,
orders, rulings on motions and pleadings, other preliminary matters and final judgment which
have been made in each case by the judge, which shall be the official minutes. (3) To keep
all papers, books, dockets, and records belonging to their office with care and security,
with the papers filed, arranged, numbered, and labeled, so as to be of easy reference, and
the books, dockets and records properly lettered. Parties shall be allowed to...
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30-3-168
Section 30-3-168 Failure to give notice. (a) Except as provided in Section 30-3-167, if a person
required to give notice as required by Section 30-3-163 or Section 30-3-164 shall fail to
provide the notice or the information required by subsection (b) of Section 30-3-165, the
court shall consider the failure to provide such notice or information as a factor in making
its determination regarding the change of principal residence of a child; a factor in determining
whether custody or visitation should be modified; a factor for ordering the return of the
child to the former residence of the child if the change of principal residence of a child
has taken place without notice; a factor meriting a deviation from the child support guidelines;
a factor in awarding increased transportation and communication expenses with the child; and
a factor in considering whether the person seeking to change the principal residence of a
child may be ordered to pay reasonable costs and attorney's fees...
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31-13-17
Section 31-13-17 Discriminatory employment practices. (a) It shall be a discriminatory practice
for a business entity or employer to fail to hire a job applicant who is a United States citizen
or an alien who is authorized to work in the United States as defined in 8 U.S.C. § 1324a(h)(3)
or discharge an employee working in Alabama who is a United States citizen or an alien who
is authorized to work in the United States as defined in 8 U.S.C. § 1324a(h)(3) while retaining
or hiring an employee who the business entity or employer knows, or reasonably should have
known, is an unauthorized alien. (b) A violation of subsection (a) may be the basis of a civil
action in the state courts of this state. Any recovery under this subsection shall be limited
to compensatory relief and shall not include any civil or criminal sanctions against the employer.
(c) The losing party in any civil action shall pay the court costs and reasonable attorneys
fees for the prevailing party; however, the losing...
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34-14A-15
Section 34-14A-15 Recovery fund. (a) The board may establish a Homeowners' Recovery Fund for
the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved
homeowner may recover actual economic damages, not including interest and court costs, sustained
within the state as the direct result of conduct of a licensee in violation of this chapter
or the rules of the board from the Homeowners' Recovery Fund. Any payments from the Homeowners'
Recovery Fund shall be subject to the following limitations and conditions: (1) The Homeowners'
Recovery Fund shall make payments only to homeowners who file a complaint with the board pursuant
to the requirements of subsection (b) of Section 34-14A-8. (2) The Homeowners' Recovery Fund
shall not make payments based on consent judgments. (3) Failure of the homeowner to follow
any provisions of this chapter shall preclude payment from the Homeowners' Recovery Fund.
(b) The board, by rule, shall determine the maximum amount of...
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8-19A-17
Section 8-19A-17 Actions by enforcing authority. The division may bring: (1) An action to obtain
a declaratory judgment that an act or practice violates this chapter. (2) An action to enjoin
any person who has violated or is violating this chapter. (3) An action on behalf of one or
more purchasers for the actual damages caused by an act or practice performed in violation
of this chapter. This action may include, but is not limited to, an action to recover against
a bond, letter of credit, or certificate of deposit as otherwise provided in this chapter.
Upon motion of the enforcing authority in any action brought under this section, the court
may make appropriate orders, including appointment of a master or receiver or sequestration
of assets, to reimburse consumers found to have been damaged, to carry out a consumer transaction
in accordance with the consumer's reasonable expectations, or to grant other appropriate relief.
The court may assess the expenses of a master or receiver...
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12-1-17
Section 12-1-17 Reimbursement of travel expenses of judges, officers, etc., of appellate courts
attending judicial colleges, seminars, etc. The justices, judges, officers, officials and
employees of the appellate courts shall be entitled to be reimbursed their actual expenses
of travel, including, but not limited to, transportation costs, meals, lodging, registration
fees, tuition fees and membership fees, when attending judicial colleges, seminars, conferences,
conventions, meetings and court functions in or outside the State of Alabama, without regard
to any limitation or requirement contained in Article 2 of Chapter 7 of Title 36, in accordance
with the approval of the Chief Justice. (Acts 1975, No. 1205, p. 2384, §6-104.)...
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