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12-21-12
Section 12-21-12 Proof by substantial evidence required; scintilla rule abolished; higher standard
of proof; substantial evidence defined; application. (a) In all civil actions brought in any
court of the State of Alabama, proof by substantial evidence shall be required to submit an
issue of fact to the trier of the facts. Proof by substantial evidence shall be required for
purposes of testing the sufficiency of the evidence to support an issue of fact in rulings
by the court, including without limitation, motions for summary judgment, motions for directed
verdict, motions for judgment notwithstanding the verdict, and other such motions or pleadings
respecting the sufficiency of evidence. (b) The scintilla rule of evidence is hereby abolished
in all civil actions in the courts of the State of Alabama. (c) With respect to any issue
of fact for which a higher standard of proof is required, whether by statute, or by rule or
decision of the courts of the state, substantial evidence shall...
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40-10-166
Section 40-10-166 Application of Sections 40-10-164 and 40-10-165. The provisions of Sections
40-10-164 and 40-10-165 shall apply to all persons and corporations who are justly and equitably
entitled to have money erroneously paid for taxes refunded, such payment having been made
within two years preceding the commencement of any action, suit, or proceedings for its recovery,
and no action, suit, or other procedure can be maintained unless brought or commenced within
two years after such payment is made. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §334.)...
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6-11-20
Section 6-11-20 Punitive damages not to be awarded other than where clear and convincing evidence
proven; definitions. (a) Punitive damages may not be awarded in any civil action, except civil
actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in a tort
action where it is proven by clear and convincing evidence that the defendant consciously
or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff.
Nothing contained in this article is to be construed as creating any claim for punitive damages
which is not now present under the law of the State of Alabama. (b) As used in this article,
the following definitions shall apply: (1) FRAUD. An intentional misrepresentation, deceit,
or concealment of a material fact the concealing party had a duty to disclose, which was gross,
oppressive, or malicious and committed with the intention on the part of the defendant of
thereby depriving a person or entity of property or legal...
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6-5-144
Section 6-5-144 Bond for preliminary injunction or temporary restraining order prior to hearing.
No preliminary injunction or temporary restraining order shall be issued before hearing in
any action commenced by a citizen or citizens under the provisions of this division unless
such citizen or citizens have made bond in such sum as may be fixed by the judge to whom the
application for such injunction or restraining order is made, such bond to be approved by
the register or clerk of the circuit court of the county in which the proceeding is filed
and to be payable and conditioned as provided by the Alabama Rules of Civil Procedure. (Acts
1919, No. 53, p. 52; Code 1923, §9283; Code 1940, T. 7, §1094.)...
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11-81-180
Section 11-81-180 Appointment of receiver upon default in payment of principal and interest
on bonds; powers of receiver. If there shall be any default in the payment of the principal
of or interest upon any bonds issued under this article, any court having jurisdiction in
any proper civil action may appoint a receiver to administer and operate the system or systems
out of the revenues from which such bonds are payable with power to fix and charge rates and
collect revenues sufficient to provide for the payment of such bonds and any other obligations
outstanding against said system or systems or the revenues therefrom and for the payment of
the expenses of operating and maintaining such system or systems and with power to apply the
income and revenues of said system or systems in conformity with this article and the authorizing
proceedings and any trust indenture provided for therein. (Acts 1933, Ex. Sess., No. 102,
p. 88; Code 1940, T. 37, §315; Acts 1955, No. 494, p. 1127, §7.)...
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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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45-37A-151
Section 45-37A-151 Fairfield Civic Center. (a) This section shall apply only to the City of
Fairfield in Jefferson County, Alabama. (b) Every action taken pursuant to any statutory procedure
by the City of Fairfield, and which procedure has been completed in the establishment of the
corporation known as the Fairfield Civic Center, and notwithstanding any irregularity or defect
in the procedure, shall be and is ratified, confirmed, and given effect in all respects as
if all provisions of law relating to the procedure establishing the corporation had been duly
and legally complied with. This section shall not apply to any procedures establishing or
attempting to establish the corporation which, prior to July 31, 1995, have been held invalid
by the Supreme Court of Alabama, the Civil Court of Appeals of Alabama, or by any final decree
of the circuit court or other court of like jurisdiction in Jefferson County and from which
decree an appeal was not taken to the Supreme Court of Alabama...
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9-16-94
Section 9-16-94 Penalties. (a) Any permittee or operator who violates any permit condition
or who violates any other provision of this article, may be assessed a civil penalty by the
regulatory authority, except that if such violation leads to the issuance of a cessation order
under Section 9-16-93, the civil penalty shall be assessed. Such penalty shall not exceed
$5,000.00 for each violation. Each day of continuing violation may be deemed a separate violation
for purposes of penalty assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations at the particular surface
coal mining operations; the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public; whether the permittee
was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve
rapid compliance after notification of the violation. (b) A civil...
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40-10-197
Section 40-10-197 Action to foreclose the right to redeem and quiet title; notice requirements;
effect of foreclosure; deed; expiration of certificate. (a) At any time not less than three
years after the auction or sale of a tax lien but not later than 10 years after the auction
or sale, if the tax lien is not redeemed, the holder of the tax lien certificate may bring
in the circuit court of the county in which the property is located an action to foreclose
the right to redeem and quiet title to the property in the name of the holder of the tax lien
certificate. If any applicable law or court order prohibits bringing an action to foreclose
the right to redeem and quiet title to the property, the limitation provided in this section
shall be extended 12 months following the termination of the prohibition. (b)(1) At least
30 days before filing a tax lien foreclosure action under this article, but not more than
180 days before the action is commenced, the holder of the tax lien certificate...
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40-2A-11.1
Section 40-2A-11.1 Civil penalties for unethical tax preparation conduct. (a) For purposes
of the individual income tax imposed by Chapter 18, if there is an understatement of liability
on a return that would cause a tax return preparer to be subject to the penalties imposed
by 26 U.S.C. §6694, except §6694(c), §6700, or §6701, and if any of the failures enumerated
in 26 U.S.C. §6695, except §6695(e) and (g), occurs, the department may impose upon the
tax return preparer a penalty in accordance with 26 U.S.C. §§6694(a), (b), (d), (e), and
(f); §§6695(a), (b), (c), (d), and (f); §§6696(a) and (c), §6700, and §6701, as in effect
from time to time. (b) For purposes of this section: (1) "Subject to this title"
shall be substituted for references in the specified federal statutes to "imposed by
subtitle A." (2) "Commissioner" will be substituted for references in the specified
federal statutes to "secretary." (3) References in these federal statutes to federal
district courts...
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