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6-5-540
Section 6-5-540 Legislative intent. It is hereby declared by the Legislature of the State of
Alabama that a crisis threatens the delivery of medical services to the people of Alabama
and the health and safety of the citizens of this state are in jeopardy. In accordance with
the previous declaration of Legislature contained in Act 513 of the Regular Session of the
1975 Alabama Legislature it is the declared intent of this Legislature to insure that quality
medical services continue to be available at reasonable costs to the citizens of the State
of Alabama. This Legislature finds and declares that the increasing threat of legal actions
for alleged medical injury causes and contributes to an increase in health care costs and
places a heavy burden upon those who can least afford such increases, and that the threat
of such actions contributes to expensive medical procedures to be performed by physicians
and other health care providers which otherwise would not be considered necessary, and...
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19-3B-816
Section 19-3B-816 Specific powers of trustee. (a) Without limiting the authority conferred
by Section 19-3B-815, a trustee may: (1) collect trust property and accept or reject additions
to the trust property from a settlor or any other person, including, but not being limited
to, the authority to receive, collect, hold, and retain common or preferred stock or other
interests in the trustee or any related party; (2) acquire or sell property, for cash or on
credit, at public or private sale; (3) exchange, partition, or otherwise change the character
of trust property; (4) deposit trust money in an account in a regulated financial-service
institution; (5) borrow money, with or without security, and mortgage or pledge trust property
for a period within or extending beyond the duration of the trust; (6) with respect to an
interest in a proprietorship, partnership, limited liability company, business trust, corporation,
or other form of business or enterprise, continue the business or other...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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33-5-25
Section 33-5-25 Collisions, accidents, and casualties. (a) It shall be the duty of the operator
of a vessel involved in a collision, accident, or other casualty, so far as he or she can
do so without serious danger to his or her own vessel, crew, and passengers, if any, to render
to other persons affected by the collision, accident, or other casualty assistance as may
be practicable and as may be necessary in order to save them from or minimize any danger caused
by the collision, accident, or other casualty, and also to give his or her name, address,
and identification of his or her vessel in writing to any person injured and to the owner
of any property damaged in the collision, accident, or other casualty. (b) In the case of
collision, accident, or other casualty involving a vessel, the operator thereof, if the collision,
accident, or other casualty results in death or injury to a person or damage to property in
excess of two thousand dollars ($2,000), shall within 10 days file with...
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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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6-5-549.1
Section 6-5-549.1 Limits of liability insurance coverage in legal action against health care
providers; testimony of health care providers as specialists. (a) This section and Sections
6-5-548 and 6-5-549 shall be known and may be cited as "The Alabama Medical Liability
Act of 1996." (b) The Legislature of the State of Alabama finds and declares that a crisis
continues to threaten the delivery and availability of medical services to the people of Alabama
and the health and safety of the citizens of this state are in jeopardy as a result of this
crisis. In accordance with the previous declarations of the Legislature of Alabama in Sections
6-5-480 to 6-5-488, inclusive, 27-26-1 to 27-26-4, inclusive, and 27-26-20 to 27-26-43, inclusive,
and Sections 6-5-540 to 6-5-552, inclusive, it is the declared intent of this Legislature
to ensure that quality medical services continue to be available at reasonable costs to the
citizens of the State of Alabama. The continuing and ever increasing...
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7-2-316
Section 7-2-316 Exclusion or modification of warranties. (1) Words or conduct relevant to the
creation of an express warranty and words or conduct tending to negate or limit warranty shall
be construed wherever reasonable as consistent with each other; but subject to the provisions
of this article on parol or extrinsic evidence (Section 7-2-202) negation or limitation is
inoperative to the extent that such construction is unreasonable. (2) Subject to subsection
(3), to exclude or modify the implied warranty of merchantability or any part of it the language
must mention merchantability and in case of a writing must be conspicuous, and to exclude
or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous.
Language to exclude all implied warranties of fitness is sufficient if it states, for example,
that "There are no warranties which extend beyond the description on the face hereof."
(3) Notwithstanding subsection (2): (a) Unless the circumstances...
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10A-5-4.01
Section 10A-5-4.01 Management of the limited liability company; creation of classes; voting;
rights; meetings. REPEALED IN THE 2014 REGULAR SESSION BY ACT 2014-144 EFFECTIVE JANUARY 1,
2017. (a) Unless otherwise stated in the certificate of formation, the management of the limited
liability company is vested in its members. Subject to any provisions in the operating agreement
or this chapter restricting or enlarging the management rights and duties of any person or
group or class of persons, the members shall have the right and authority to manage the business
or affairs of the limited liability company and to make all decisions with respect thereto.
(b) If the certificate of formation vests management of the limited liability company in one
or more managers, then the managers shall have the power to manage the business or affairs
of the limited liability company as provided in the operating agreement. Except as otherwise
provided in the operating agreement, the managers: (1) Shall be...
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13A-6-21
Section 13A-6-21 Assault in the second degree. (a) A person commits the crime of assault in
the second degree if the person does any of the following: (1) With intent to cause serious
physical injury to another person, he or she causes serious physical injury to any person.
(2) With intent to cause physical injury to another person, he or she causes physical injury
to any person by means of a deadly weapon or a dangerous instrument. (3) He or she recklessly
causes serious physical injury to another person by means of a deadly weapon or a dangerous
instrument. (4) With intent to prevent a peace officer, as defined in Section 36-21-60, a
detention or correctional officer at any municipal or county jail or state penitentiary, emergency
medical personnel, a utility worker, or a firefighter from performing a lawful duty, he or
she intends to cause physical injury and he or she causes physical injury to any person. For
the purpose of this subdivision, a person who is a peace officer who is...
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13A-8-112
Section 13A-8-112 Computer tampering. (a) A person who acts without authority or who exceeds
authorization of use commits the crime of computer tampering by knowingly: (1) Accessing and
altering, damaging, or destroying any computer, computer system, or computer network. (2)
Altering, damaging, deleting, or destroying computer programs or data. (3) Disclosing, using,
controlling, or taking computer programs, data, or supporting documentation residing in, or
existing internal or external to, a computer, computer system, or network. (4) Directly or
indirectly introducing a computer contaminator or a virus into any computer, computer system,
or network. (5) Disrupting or causing the disruption of a computer, computer system, or network
services or denying or causing the denial of computer or network services to any authorized
user of a computer, computer system, or network. (6) Preventing a computer user from exiting
a site, computer system, or network-connected location in order to...
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