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8-12A-2
Section 8-12A-2 Assertion of patent infringement in bad faith. (a) A person may not
assert a claim of patent infringement in bad faith. (b) The Attorney General may investigate
claims of patent infringement alleged to have been made in bad faith and may do both of the
following: (1) Issue subpoenas to any person to appear and produce relevant papers, documents,
and physical evidence, and administer an oath or affirmation to any person, in aid of any
investigation or inquiry into possible violations of this chapter. Subpoenas shall be served
in accordance with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person
without lawful excuse to obey a subpoena, the Attorney General may apply to a court of competent
jurisdiction for an order compelling compliance. After an action is commenced, discovery may
proceed in accordance with the Alabama Rules of Civil Procedure. (2) Initiate a civil action
in the name of the state, as necessary, to seek injunctive and any other...
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8-6-16
Section 8-6-16 Administrative cease and desist authority to commission; injunctive relief;
appointment of receivers or conservators for defendants or defendants' assets; court ordered
rescission, restitution, or disgorgement for violations. Whenever it appears to the Securities
Commission that any person has engaged in or is about to engage in any act or practice constituting
a violation of any provision of this article or any rule or order hereunder, it may, in its
discretion, do either or both of the following: (a) Issue a cease and desist order, with or
without a prior hearing, against the person or persons engaged in the prohibited activities,
directing them to cease and desist from engaging in the act or practice. (b) Bring an action
in its discretion in any court of competent jurisdiction to enjoin the act or practice and
to enforce compliance with this article or any rule or order issued hereunder. Upon a proper
showing, a permanent injunction, temporary restraining order, or...
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13A-6-132
Section 13A-6-132 Domestic violence - Third degree. (a)(1) A person commits domestic
violence in the third degree if the person commits the crime of assault in the third degree
pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23;
the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal
coercion pursuant to Section 13A-6-25; the crime of harassment pursuant to subsection
(a) of Section 13A-11-8; the crime of criminal surveillance pursuant to Section
13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section
13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4;
the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22
and 13A-7-23; or the crime of arson in the third degree pursuant to Section 13A-7-43;
and the victim is a current or former spouse, parent, step-parent, child, step-child, any
person with whom the defendant has a child...
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5-19-29
Section 5-19-29 Injunctions. (a) The administrator may bring an action to restrain a
creditor or a person acting in his behalf from engaging in any business subject to licensing
under subsection (a) of Section 5-19-22 without first obtaining a license therefor
as provided in Section 5-19-22 and a licensee or any person acting in his behalf from
engaging in violations of this chapter or engaging in a course of fraudulent or unconscionable
conduct in inducing debtors to enter credit transactions or in the collection of debts. (b)
With respect to an action brought to enjoin violations of the chapter or fraudulent or unconscionable
conduct, the administrator may apply to the court for appropriate temporary relief against
a defendant, pending final determination of the proceedings. If the court finds, after a hearing
held upon notice to the defendant, that there is reasonable cause to believe that the defendant
is engaging in or is likely to engage in conduct which violates this chapter or...
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6-10-38
Section 6-10-38 Contest of exemption claim - Proceedings when homestead found to exceed
value or area allowed. (a) If, on the trial of a contest of a claim of homestead exemption,
it is found that the homestead as claimed exceeds $5,000 in value (or if a husband and wife
have both claimed the exemption to which each is entitled, $10,000), or 160 acres in area,
the court shall forthwith issue an order to the sheriff, returnable in 30 days thereafter,
commanding him to summon three disinterested householders or freeholders of the county in
which the homestead is situated, who, after having been sworn by the sheriff or some officer
authorized to administer oaths to faithfully discharge their duty, shall, if practicable,
set off and allot, by metes and bounds, the homestead exempt to the defendant from levy and
sale under process, having regard both to the quality and value of the real estate and to
the selection of the defendant and taking land most contiguous to the dwelling, and...
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13A-11-36
Section 13A-11-36 Defenses to prosecutions under article. (a) A person does not commit
a crime under this article if: (1) He was a peace officer engaged in the lawful performance
of his duties; or (2) He was an officer, employee or agent of a communication common carrier
who, while acting in the normal course of his employment, and while engaged in any activity
which was a necessary incident to the rendition of his service or to the protection of the
rights or property of the carrier of such communication, intercepted, disclosed or used a
communication transmitted through the facilities of that carrier; or (3) He relies in good
faith on a lawful court order or legislative authorization. (b) The burden of injecting the
issue under subsection (a) is on the defendant, but this does not shift the burden of proof.
(Acts 1977, No. 607, p. 812, ยง5630.)...
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2-28-11
Section 2-28-11 Penalties for violations of provisions of chapter or rules or regulations
promulgated hereunder; injunctive proceedings to restrain performance, etc., of professional
work or services without permit. (a) Penalties. Any person who engages in professional work
or services as defined in this chapter or any person who solicits such work through advertising
or in any other manner without having a permit as required by said chapter or any person who
violates any of the provisions or requirements of this chapter or any rules and regulations
adopted and promulgated as authorized under said chapter by failure to comply with any of
the requirements or rules and regulations of said chapter shall be guilty of a misdemeanor
and, upon conviction, shall be fined not less than $25.00 nor more than $500.00 and, within
the discretion of the court, may also be imprisoned for a period not to exceed six months.
Fines paid for such violations shall be deposited in the State Treasury to the...
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25-2-13
Section 25-2-13 Board of appeals - Powers and duties generally; appeals from findings
as to dangerous condition, etc., of machines, etc. (a) The functions and duties of the board
of appeals shall be as follows: (1) To hear and determine appeals under Chapter 4 of this
title. (2) To hold public hearings on proposed safety rules and regulations and amendments
and repeals thereof, and to promulgate and publish such rules and regulations and amendments
and repeals as provided in this chapter. (3) To hear and determine appeals from the finding
of any officers or employees of the Department of Labor that any machine, tool, equipment
or structure is in a dangerous condition or is not properly guarded or is dangerously placed,
when the discontinuance of the use thereof has been ordered. (b) When such appeal is taken
by a person affected by such order, no appeal shall be taken from such determination of the
board of appeals, except on questions of law or on the ground that the determination is...
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26-2A-103
Section 26-2A-103 Notice in guardianship proceeding. (a) In a proceeding for the appointment
of a guardian of an incapacitated person, and, if notice is required in a proceeding for appointment
of a temporary guardian, notice of hearing must be given to each of the following: (1) The
person alleged to be incapacitated, her or his spouse (if any), and adult children, or if
none, parents; (2) Any person who is serving as guardian, conservator, or who has the care
and custody of the person alleged to be incapacitated; (3) In case no other person is notified
under paragraph (1), at least one of the nearest adult relatives residing in this state, if
any can be found; and (4) Any other person as directed by the court. (b) Notice of hearing
on a petition for an order subsequent to appointment of a guardian must be given to the ward,
the guardian, and any other person as ordered by the court. (c) Notice must be served personally
on the alleged incapacitated person. Notices to other persons as...
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30-3-191
Section 30-3-191 Definitions. When used in Sections 30-3-191 to 30-3-199, inclusive,
the following words shall have the following meanings: (1) ACCOUNT. A demand deposit account,
checking or negotiable withdrawal order account, savings account, time deposit account, or
money-market mutual fund account. (2) BUSINESS DAY. A day on which state offices are open
for regular business. (3) COMMERCIAL DRIVER LICENSE. A license issued to an individual that
authorizes the individual to drive a motor vehicle as part of conducting business. (4) CONFIDENTIAL
INFORMATION. Information provided by a service applicant or recipient or obtained from other
sources about him or her which may be released only as required by court order or state or
federal law. (5) COURT. A court of competent jurisdiction or administrative agency having
the authority to issue and enforce support orders. (6) DATA MATCH. An automated process of
matching specified information from the financial records of financial institutions...
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