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11-41-2
Section 11-41-2 Notice of filing; determination of statutory compliance; objections; ordering
and notice of election; contest of election. (a) Upon the filing of the verified application
with the judge of probate, the judge of probate shall give notice of the filing of the application
by publication in one or more newspapers published in the county, if there are any, that an
application to the judge of probate has been submitted and that the judge of probate will
determine if the application complies with Section 11-41-1, and that further notice will be
given for the filing of any objections. (b) The judge of probate shall have a reasonable period
of time, not to exceed 45 days, within which to ascertain compliance with Section 11-41-1.
If the judge of probate determines that the application does not comply with Section 11-41-1,
the judge of probate shall enter an order to that effect, which order shall be sent in accordance
with the Alabama Rules of Civil Procedure. The order shall...
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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program established under this division,
there shall be a written agreement between the district attorney and the offender. The agreement
shall include the terms of the pretrial diversion program, the length of the program, as practicable
as possible, the costs of the program to the offender, and the period of time after which
the district attorney must dispose of the charges against the offender. If, as part of the
pretrial diversion program, the offender agrees to plead guilty to a particular charge or
charges and receives a specific sentence, an agreement concerning when the plea of guilt will
occur, to what charges to which the offender will plead guilty, and any sentence to be imposed
shall be approved by and submitted to an appropriate circuit or district court judge having
jurisdiction over the offender within the judicial circuit prior...
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15-1-2
Section 15-1-2 Limits on interviews of victims of sexual abuse or exploitation under 12 years
of age; confidentiality of court records of victims under 18 years of age. (a) The presiding
judge of a judicial circuit, after consultation with the district attorney for the judicial
circuit may provide for reasonable limits on the number of interviews a victim of sexual abuse
or exploitation, who is under 12 years of age, must submit to for law enforcement or other
purposes. The judge shall, to the extent possible, protect the victim from the psychological
damage of repeated interrogation while preserving the rights of the public, the victim, and
the person charged with the violation. (b) The court records of a child under the age of 18
years who is a victim of sexual abuse or exploitation shall not be open to the public, but
shall be kept in the same manner as juvenile offender records are kept. (Acts 1985, No. 85-742,
p. 1192.)...
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22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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31-2A-2
Section 31-2A-2 (Article 2.) Persons subject to this code; jurisdiction. (a) This code applies
to all members of the state military forces at all times and in all places, except it does
not apply to a member for any offenses committed while in a duty status under Title 10 U.S.C.
(b) Subject matter jurisdiction is established if a clear and convincing nexus exists between
an offense, either military or non-military, and the state military force. When a member is
in a duty status under either Title 32 U.S.C. or State Active Duty then a rebuttable presumption
exists that the nexus is established. A proper civilian court has primary jurisdiction of
an offense when an act or omission violates both this code and civilian criminal law, foreign
or domestic. In such a case, a court-martial may be initiated only after the civilian prosecutorial
authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached.
Courts-martial shall have primary jurisdiction over all...
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36-15-1
Section 36-15-1 Duties generally. The Attorney General shall keep his or her office at the
capital city and perform the following duties: (1)a. He or she shall give his or her opinion
in writing, or otherwise, on any question of law connected with the interests of the state
or with the duties of any of the departments, when required by the Governor, Secretary of
State, Auditor, Treasurer, Superintendent of Education, Commissioner of Agriculture and Industries,
Director of Finance, Comptroller, State Health Officer, Public Service Commissioners, Commissioner
of Conservation and Natural Resources, or the Commissioner of the Department of Revenue or
any other officer or department of the state when it is made, by law, his or her duty so to
do, and he or she shall also give his or her opinion to the Chairman of the Judiciary Committee
of either house, when required, upon any matter under the consideration of the committee.
b. The Attorney General shall give his or her opinion, in writing...
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6-5-485
Section 6-5-485 Settlement of disputes by arbitration. (a) After a physician, dentist, medical
institution, or other health care provider has rendered services, or failed to render services,
to a patient out of which a claim has arisen, the parties thereto may agree to settle such
dispute by arbitration. Such agreement must be in writing and signed by both parties. Any
such agreement shall be valid, binding, irrevocable, and enforceable, save upon such grounds
as exist in law or in equity for the revocation of any contract. (b) Pursuant to the provisions
of this section, the claimant shall select one competent and disinterested arbitrator, and
the party or parties against whom the claim is made shall select one competent and disinterested
arbitrator. The two arbitrators so named shall select a third arbitrator, or, if unable to
agree thereon within 30 days, then, upon request of any party, such third arbitrator shall
be selected by a judge of a court of record in the county in which...
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6-5-575
Section 6-5-575 Settlement of disputes by voluntary arbitration. (a) After a legal service
provider has rendered services, or failed to render services, to a client out of which a claim
has arisen, the parties thereto may agree to settle such dispute by arbitration. Such agreement
must be in writing and signed by both parties. Any such agreement shall be valid, binding,
irrevocable, and enforceable, save upon such grounds as exist in law or in equity for the
revocation of any contract. (b) Pursuant to the provisions of this section, the claimant shall
select one competent and disinterested arbitrator, and the party or parties against whom the
claim is made shall select one competent and disinterested arbitrator. The two arbitrators
so named shall select a third arbitrator, or, if unable to agree thereon within 30 days, then
upon request of any party, such third arbitrator shall be selected by a judge of a court of
record in the county in which the arbitration is pending. The...
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8-12-18
Section 8-12-18 Remedies. (a) Any owner of a mark registered under this article may proceed
by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations
thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture,
use, display, or sale as may be by the court deemed just and reasonable, and may require the
defendants to pay to such owner all profits derived from, and/or all damages suffered by reason
of, such wrongful manufacture, use, display, or sale, and to pay the costs of the action.
In assessing profits, the owner shall be required to prove defendant's sales only; defendant
must prove all elements of cost or deduction claimed. The court may also order that any such
counterfeits or imitations in the possession or under the control of any defendant in such
case, be delivered to an officer of the court, or to the complainant, to be destroyed. (b)
In assessing damages the court may enter judgment, according to the...
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11-42-207
Section 11-42-207 Question submitted; conduct of election generally; form, marking, etc., of
ballots; appointment, etc., of clerks, inspectors, and returning officer; ascertainment, etc.,
of election results; entry of order as to adoption of proposed corporate limits, etc. (a)
The election shall be to determine whether or not the proposed corporate limits shall be established,
and such election must be conducted in all respects as provided by the general election laws
and under the same sanctions and penalties, except as changed by the provisions of this article
and except that no official ballot need be provided. (b) Each voter may furnish his own ballot
with the following words written or printed thereon: "For adoption of the proposed corporate
limits," if he desires to vote in favor of proposed corporate limits or "Against
the adoption of proposed corporate limits," if he desires to vote against the adoption
of proposed corporate limits. It shall not be necessary for the ballot to...
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