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26-21-2
Section 26-21-2 Definitions. For purposes of this chapter, the following definitions shall
apply: (1) MINOR. Any person under the age of 18 years; (2) EMANCIPATED MINOR. Any minor who
is or has been married or has by court order otherwise been legally freed from the care, custody,
and control of her parents; (3) ABORTION. The use or prescription of any instrument, medicine,
drug, or any other substance or device with the intent to terminate the pregnancy of a woman
known to be pregnant with knowledge that the termination by those means will with reasonable
likelihood cause the death of the unborn child. Such use or prescription is not an abortion
if done with the intent to save the life or preserve the health of an unborn child, remove
a dead unborn child, or to deliver the unborn child prematurely in order to preserve the health
of both the mother (pregnant woman) and her unborn child. The term "abortion" as
used herein does not include a procedure or act to terminate the pregnancy of...
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34-37-14
Section 34-37-14 Wrongful use of certificate; notification of address; inactive status affidavit.
(a) No person who has obtained a certificate or registration shall allow his or her name to
be used by another person, either for the purpose of obtaining permits, or doing business
or work under his or her certificate or registration; and every person certified or registered
shall notify the board of the address of his or her residence and place of business and the
name under which such business is carried on, and shall give written notice within 30 days
to the board of any change in either. (b) Before any individual certified by the board engages
in the business of master plumber and/or master gas fitter, he or she shall notify the board
of the address of the place of business he or she engages in as such and the name under which
such business is carried on and shall give written notice within 30 days of any change in
either. All information required by this section shall be furnished on...
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6-5-548
Section 6-5-548 Burden of proof; reasonable care as similarly situated health care provider;
no evidence admitted of medical liability insurance. (a) In any action for injury or damages
or wrongful death, whether in contract or in tort, against a health care provider for breach
of the standard of care, the plaintiff shall have the burden of proving by substantial evidence
that the health care provider failed to exercise such reasonable care, skill, and diligence
as other similarly situated health care providers in the same general line of practice ordinarily
have and exercise in a like case. (b) Notwithstanding any provision of the Alabama Rules of
Evidence to the contrary, if the health care provider whose breach of the standard of care
is claimed to have created the cause of action is not certified by an appropriate American
board as being a specialist, is not trained and experienced in a medical specialty, or does
not hold himself or herself out as a specialist, a "similarly...
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45-37A-51.228
Section 45-37A-51.228 Survivor's benefits. (a) Effective July 1, 2002, in the event of the
death of a retiree or participant who, on the date of his or her death was eligible for voluntary
retirement under Section 45-37A-51.220, there may be payable a monthly survivor's benefit
equal to 60 percent of the monthly retirement benefit which the retiree was receiving or was
entitled to receive prior to his or her death or which the participant would have been entitled
to receive had he or she retired under Section 45-37A-51.220 on the day preceding his or her
death; notwithstanding anything to the contrary, the survivor's benefit may be increased pursuant
to Section 45-37A-51.242. In the event any survivor is being paid an amount in excess of 60
percent of the retiree's monthly benefit on May 1, 2006, such survivor's benefits shall not
be decreased. (b)(1) Effective July 1, 2002, upon the death of any retiree or participant
who at the time of his or her death was not eligible for voluntary...
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10A-2A-17.06
Section 10A-2A-17.06 Rights of action. (a) Except in a proceeding authorized under Section
10A-2A-17.05(c) or this section, no person other than the corporation, or a stockholder in
the right of the corporation pursuant to subsection (b), may bring an action or assert a claim
with respect to the violation of any duty applicable to a benefit corporation or any of its
directors under this article. (b) Except for a proceeding brought under Section 10A-2A-17.05(c),
a proceeding by a stockholder of a benefit corporation claiming violation of any duty applicable
to a benefit corporation or any of its directors under this article: (1) must be brought in
a derivative proceeding pursuant to Division D of Article 7 of this chapter; and (2) may be
brought only by a stockholder of the benefit corporation that at the time of the act or omission
complained of either individually, or together with other stockholders bringing such action
collectively, owned directly or indirectly at least five percent...
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10A-5A-9.03
Section 10A-5A-9.03 Standing. (a) A member may commence or maintain a derivative action in
the right of the limited liability company only if the member: (1) fairly and adequately represents
the interests of the limited liability company in enforcing the right of the limited liability
company; and (2) either: (A) was a member of the limited liability company at the time of
the act or omission of which the member complains; or (B) whose status as a member devolved
upon the person by operation of law or pursuant to the terms of the limited liability company
agreement from a person who was a member at the time of the act or omission of which the member
complains. (b) A member associated with a series of a limited liability company may commence
or maintain a derivative action in the right of the series only if the member: (1) fairly
and adequately represents the interests of the series in enforcing the right of the series;
and (2) either: (A) was associated with the series at the time of...
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13A-6-2
Section 13A-6-2 Murder. (a) A person commits the crime of murder if he or she does any of the
following: (1) With intent to cause the death of another person, he or she causes the death
of that person or of another person. (2) Under circumstances manifesting extreme indifference
to human life, he or she recklessly engages in conduct which creates a grave risk of death
to a person other than himself or herself, and thereby causes the death of another person.
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first
or second degree, escape in the first degree, kidnapping in the first degree, rape in the
first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under
Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course
of and in furtherance of the crime that he or she is committing or attempting to commit, or
in immediate flight therefrom, he or she, or another participant if there be...
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6-5-380
Section 6-5-380 Liability of parents for destruction of property by minor; exception. (a) The
parent or parents, guardian, or other person having care or control of any minor under the
age of 18 years with whom the minor is living and who have custody of the minor shall be liable
for the actual damages sustained, but not exceeding the sum of $1,000, plus the court costs
of the action, to any person, firm, association, corporation and the State of Alabama and
its political subdivision for all damages proximately caused by the injury to, or destruction
of, any property, real, personal or mixed, by the intentional, willful, or malicious act or
acts of the minor. Except, approved foster parents of the Department of Human Resources shall
not be liable for damages caused by foster children. (b) Nothing in this section shall be
construed to limit the liability of any such parent or parents as the same may now otherwise
exist under the laws of the State of Alabama. (Acts 1965, 2nd Ex. Sess.,...
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10A-2A-1.43
Section 10A-2A-1.43 Qualified director. (a) A "qualified director" is a director
who, at the time action is to be taken under: (1) Section 10A-2A-2.02(b)(6), is not a director
(i) to whom the limitation or elimination of the duty of an officer to offer potential business
opportunities to the corporation would apply, or (ii) who has a material relationship with
any other person to whom the limitation or elimination would apply; (2) Section 10A-2A-7.44,
does not have (i) a material interest in the outcome of the proceeding, or (ii) a material
relationship with a person who has such an interest; (3) Section 10A-2A-8.53 or Section 10A-2A-8.55,
(i) is not a party to the proceeding, (ii) is not a director as to whom a transaction is a
director's conflicting interest transaction or who sought a disclaimer of the corporation's
interest in a business opportunity under Section 10A-2A-8.60, which transaction or disclaimer
is challenged, and (iii) does not have a material relationship with a...
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10A-2A-7.42
Section 10A-2A-7.42 Standing. A stockholder may commence or maintain a derivative action in
the right of the corporation only if the stockholder: (1) fairly and adequately represents
the interests of the corporation in enforcing the right of the corporation; and (2) either:
(A) was a stockholder of the corporation at the time of the act or omission of which the stockholder
complains; or (B) whose status as a stockholder devolved upon the person by operation of law
from a person who was a stockholder at the time of the act or omission of which the stockholder
complains. (Act 2019-94, ยง1.)...
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