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8-19-15
Section 8-19-15 Savings clause. (a) The civil remedies provided herein and the civil remedies
available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression
of material facts or fraudulent concealment are mutually exclusive. An election to pursue
the civil remedies prescribed in this chapter shall exclude and be a surrender of all other
rights and remedies available at common law, by statute or otherwise, for fraud, misrepresentation,
deceit, suppression of material facts or fraudulent concealment arising out of any act, occurrence
or transaction actionable under this chapter. (b) An election to pursue any civil remedies
available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression
of material facts or fraudulent concealment arising out of any act, occurrence or transaction
actionable under this chapter shall exclude and be a surrender of all rights and remedies
available under this chapter. All other remedies,...
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12-19-271
Section 12-19-271 Definitions. The following words and phrases as used in this article, have
the meaning ascribed to them in this section, unless the context clearly requires otherwise:
(1) WITHOUT SUBSTANTIAL JUSTIFICATION. The phrase "without substantial justification",
when used with reference to any action, claim, defense or appeal, including without limitation
any motion, means that such action, claim, defense or appeal (including any motion) is frivolous,
groundless in fact or in law, or vexatious, or interposed for any improper purpose, including
without limitation, to cause unnecessary delay or needless increase in the cost of litigation,
as determined by the court. (2) PERSON. Any individual, corporation, company, association,
firm, partnership, society, joint stock company, or any other entity, including any governmental
entity or unincorporated association of persons. (3) ACTION. Any suit, counterclaim, crossclaim
or third party claim filed at law or in equity, including any...
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13A-9-76
Section 13A-9-76 Enforcement of provisions by injunction, cancellation of registration, etc.;
civil penalties. (a) In addition to any other remedy under this article, the Attorney General
of the State of Alabama, the district attorneys of the respective counties of the State of
Alabama, or an affected charitable organization may bring an action against a charitable organization,
professional fund raiser, professional solicitor, or commercial co-venturer, and any other
persons acting for or on their behalf to enjoin the charitable organization and other persons
from continuing the solicitation or collection of funds or property or engaging therein or
doing any acts in furtherance thereof; and to cancel any registration statement previously
filed with the Attorney General whenever the Attorney General or a district attorney shall
have reason to believe that the charitable organization is acting in the following manner:
(1) Operating in violation of the provisions of this article. (2)...
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36-1-12
Section 36-1-12 Sovereign immunity. (a) For the purposes of this section, "education employee"
means a certified or noncertified employee of the State Board of Education or any local board
of education and an employee of the Alabama Institute for Deaf and Blind, the Alabama School
of Fine Arts, the Department of Youth Services, or the Alabama School of Mathematics and Science.
(b) An officer, employee, or agent of the state, including, but not limited to, an education
employee, acting in his or her official capacity is immune from civil liability in any suit
pursuant to Article I, Section 14, of the Constitution of Alabama of 1901. (c) An officer,
employee, or agent of the state, including, but not limited to, an education employee, is
immune from civil liability in his or her personal capacity when the conduct made the basis
of the claim is based upon the agent's doing any of the following: (1) Formulating plans,
policies, or designs. (2) Exercising his or her judgment in the...
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36-18-32
Section 36-18-32 DNA Database Fund. (a) There is hereby established a special fund to be known
as the Alabama DNA Database Fund. (b) The fund shall be placed under the management or administration
of the Director of the Alabama Department of Forensic Sciences for the exclusive purposes
of implementing the provisions of this article. (c) The fund shall consist of all moneys received
by the director pursuant to the provisions of this section. (d) The director shall have control
of those funds as shall not be inconsistent with the provisions of this article and with the
laws of the State of Alabama. (e) Monies deposited in the Alabama DNA Database Fund may be
expended by the Director of the Alabama Department of Forensic Sciences in accordance with
the provisions of this article. The investment of monies in the fund by the State Treasurer
shall remain in the Alabama DNA Database Fund. At the end of each fiscal year any unexpended
or unencumbered monies shall remain in the fund. However,...
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45-37A-331.32
Section 45-37A-331.32 Definitions. As used in this subpart, the following terms shall have
the following meanings: (1) CITY. The City of Midfield, Alabama. (2) CIVIL FINE. The monetary
amount assessed by the City of Midfield pursuant to this act for an adjudication of civil
liability for a speeding violation, including municipal court costs associated with the infraction.
(3) CIVIL VIOLATION. There is hereby created a non-criminal category of law called a civil
violation created and existing for the sole purpose of carrying out the terms of this subpart.
The penalty for violation of a civil violation shall be the payment of a civil fine, the enforceability
of which shall be accomplished through civil action. The prosecution of a civil violation
created hereby shall carry reduced evidentiary requirements and burden of proof as set out
in Section 45-37A-331.35, and in no event shall an adjudication of liability for a civil violation
be punishable by a criminal fine or imprisonment. (4)...
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10A-1-7.11
Section 10A-1-7.11 Voluntary withdrawal of registration. (a) A foreign entity registered in
this state may withdraw the foreign entity's registration at any time by filing a certificate
of withdrawal as provided in Article 4. (b) A certificate of withdrawal for a foreign entity
described must state: (1) the name of the foreign entity as set forth on its registration;
(2) the type of foreign entity and the foreign entity's jurisdiction of formation and, in
the case of a foreign limited liability partnership, the jurisdiction which laws govern the
foreign limited liability partnership and its partnership agreement; (3) the street address
and mailing address, if different, of the principal office of the foreign entity; (4) that
the foreign entity no longer is transacting business in this state; (5) that the foreign entity:
(A) revokes the authority of the foreign entity's registered agent in this state to accept
service of process; and (B) consents that service of process in any action,...
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20-1-144
Section 20-1-144 Violation of article; enforcement. (a) A person who produces milk, milk products,
or frozen dessert in a producing plant and sells or offers for sale, consigns or offers for
consignment, or offers for remuneration of milk, milk products, frozen desserts, or single-service
container or closure without first obtaining the required permit or violates a rule or order
issued pursuant to this article shall be guilty of a Class A misdemeanor. (b) The State Board
of Health shall institute a civil action in any circuit court in the State of Alabama to enforce
the provisions of this article. Any person who operates without a valid permit may be enjoined
from the operation by the circuit court without prior resort to criminal remedies. (Acts 1993,
No. 93-718, p. 1403, ยง5.)...
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34-36-6
Section 34-36-6 Powers and duties of board. (a) By rule, the board shall make provisions to
do all of the following: (1) Prepare or approve all examinations of applicants for licenses
for electrical contractors and journeyman electricians. (2) Determine the qualifications of
electrical contractors to engage in the business of electrical contracting. (3) Determine
the qualifications of journeyman electricians to engage in electrical work. (4) Provide for
the investigation of written complaints filed with the board concerning alleged violations
of this chapter and any rules adopted by the board. (b) The board may suspend, revoke, or
refuse to issue or renew a license and impose a civil penalty in an amount not to exceed five
thousand dollars ($5,000), after notice and opportunity for a hearing pursuant to the Alabama
Administrative Procedure Act, upon proof of any of the following actions by a licensee or
applicant: (1) Violating any provision of this chapter. (2) Attempting to procure a...
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43-8-1
Section 43-8-1 General definitions. Subject to additional definitions contained in the subsequent
articles which are applicable to specific articles or divisions, and unless the context otherwise
requires, in this chapter, the following words shall have the following meanings: (1) BENEFICIARY.
As it relates to trust beneficiaries, includes a person who has any present or future interest,
vested or contingent, and also includes the owner of an interest by assignment or other transfer
and as it relates to a charitable trust, includes any person entitled to enforce the trust.
(2) CHILD. Includes any individual entitled to take as a child under this chapter by intestate
succession from the parent whose relationship is involved and excludes any person who is only
a stepchild, a foster child, a grandchild or any more remote descendant. (3) COURT. The court
having jurisdiction in matters relating to the affairs of decedents. This court in Alabama
is known as the probate court. (4) DAYS. That...
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