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6-5-572
Section 6-5-572 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) LEGAL SERVICE LIABILITY ACTION.
Any action against a legal service provider in which it is alleged that some injury
or damage was caused in whole or in part by the legal service provider's violation of the
standard of care applicable to a legal service provider. A legal service liability action
embraces all claims for injuries or damages or wrongful death whether in contract or in tort
and whether based on an intentional or unintentional act or omission. A legal services liability
action embraces any form of action in which a litigant may seek legal redress for a wrong
or an injury and every legal theory of recovery, whether common law or statutory, available
to a litigant in a court in the State of Alabama now or in the future. (2) LEGAL SERVICE PROVIDER.
Anyone licensed to practice law by the State of Alabama or engaged in the...
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22-21-260
Section 22-21-260 Definitions. As used in this article, the following words and terms, and
the plurals thereof, shall have the meanings ascribed to them in this section, unless otherwise
required by their respective context: (1) ACQUISITION. Obtaining the legal equitable title
to a freehold or leasehold estate or otherwise obtaining the substantial benefit of such titles
or estates, whether by purchase, lease, loan or suffrage, gift, devise, legacy, settlement
of a trust or means whatever, and shall include any act of acquisition. The term "acquisition"
shall not mean or include any conveyance, or creation of any lien or security interest by
mortgage, deed of trust, security agreement, or similar financing instrument, nor shall it
mean or include any transfer of title or rights as a result of the foreclosure, or conveyance
or transfer in lieu of the foreclosure, of any such mortgage, deed of trust, security agreement,
or similar financing instrument, nor shall it mean or include any...
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34-9-6.1
Section 34-9-6.1 Mobile dental facilities or portable dental operations. (a) For purposes of
this section, the following words have the following meanings: (1) DENTAL HOME. The dental
home is the ongoing relationship between the dentist and the patient, inclusive of all aspects
of oral health care, delivered in a comprehensive, continuously accessible, coordinated, and
family-centered way. (2) MOBILE DENTAL FACILITY. Any self-contained facility in which dentistry
or dental hygiene is practiced which may be moved, towed, or transported from one location
to another. (3) OPERATOR. A person licensed to practice dentistry in this state or an entity
which is approved as tax exempt under Section 501(c)(3) of the Internal Revenue Code which
employs dentists licensed in the state to operate a mobile dental facility or portable dental
operation. (4) PORTABLE DENTAL OPERATION. The use of portable dental delivery equipment which
is set up on site to provide dental services outside of a mobile...
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12-15-314
care to participate in activities that are age or developmentally appropriate for the child
based on a reasonable and prudent parent standard, provided the activities are consistent
with provisions of any existing court order, individualized service plan, or promulgated policy
of the department that provides guidance to caregivers concerning the reasonable and prudent
parent standard. The guidance shall include factors for the caregiver to consider prior to
allowing a child to participate in age or developmentally appropriate normal childhood activities.
(2) A caregiver shall be immune from liability in a civil action to recover damages for injury,
death, or loss to person or property that results from a caregiver's decisions using a reasonable
and prudent parent standard. This subsection shall not be construed to remove or limit any
existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712,
p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
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6-5-580
Section 6-5-580 Standards of care. In any action for injury or damages or wrongful death,
whether in contract or in tort, against a legal service provider, the plaintiff shall have
the burden of proving that the legal service provider breached the applicable standard of
care. The applicable standard of care shall be as follows: (1) The applicable standard of
care against the defendant legal service provider shall be such reasonable care and skill
and diligence as other similarly situated legal service providers in the same general line
of practice in the same general area ordinarily have and exercise in a like case. (2) However,
if the defendant publishes the fact that he or she is certified as a specialist in an area
of the law or if the defendant legal service provider solicits business by publicly advertising
as a specialist in any area of the law, the standard of care applicable to such legal service
provider in a claim for damages resulting from the practice of such a specialty...
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26-1A-404
regarding provision, withholding, or withdrawal of life-sustaining treatment and artificially
provided nutrition and hydration but only a. if specifically authorized to do so in the durable
power of attorney, b. if the substantive provisions of the durable power of attorney are in
substantial compliance and if the durable power of attorney is executed and accepted in substantially
the same form as set forth in the Alabama Natural Death Act, and c. in instances of terminal
illness or injury or permanent unconsciousness, if the authority is implemented in
the manner permitted under the Alabama Natural Death Act. All durable powers of attorney executed
prior to January 1, 2012, shall be effective to the extent specifically provided therein notwithstanding
the provisions of this subsection. The decisions made by the attorney in fact shall be implemented
in accordance with the same procedures set forth in the Alabama Natural Death Act for health
care proxies. (3) Any authority...
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6-5-347
behalf of an agritourism professional. (4) INHERENT RISKS OF AGRITOURISM ACTIVITIES. Those
conditions, dangers, or hazards that are an integral part of an agritourism activity, including
any of the following: a. Surface and subsurface conditions and natural conditions of land,
vegetation, and waters. b. The behavior of wild animals or insects. c. The behavior of domestic
animals or insects as to: 1. The propensity of a domestic animal or insect to behave in ways
that may result in sickness, injury, harm, or death to persons on or around them. 2.
The unpredictability of the reaction of a domestic animal or insect to sounds, sudden movement,
and unfamiliar objects, persons, or other animals. d. The ordinary dangers of structures or
equipment ordinarily used on a working agricultural operation, excluding a dangerous condition
on structures or equipment ordinarily used on a working agricultural operation that is actually
known by an agritourism professional, not open and obvious, not made...
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26-1-2
regarding provision, withholding, or withdrawal of life-sustaining treatment and artificially
provided nutrition and hydration but only a. if specifically authorized to do so in the durable
power of attorney, b. if the substantive provisions of the durable power of attorney are in
substantial compliance and if the durable power of attorney is executed and accepted in substantially
the same form as set forth in the Alabama Natural Death Act, and c. in instances of terminal
illness or injury or permanent unconsciousness, if the authority is implemented in
the manner permitted under the Alabama Natural Death Act. All durable powers of attorney executed
prior to May 8, 1997, shall be effective to the extent specifically provided therein notwithstanding
the provisions of this subsection. The decisions made by the attorney in fact shall be implemented
in accordance with the same procedures set forth in the Alabama Natural Death Act for health
care proxies. (3) Any authority granted...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-1-2.htm - 12K - Match Info - Similar pages
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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27-31A-3.1
Section 27-31A-3.1 Risk retention groups to comply with governance standards. (a) By January
1, 2016, existing risk retention groups shall be in compliance with the governance standards
set forth in this section. New risk retention groups shall be in compliance with these standards
at the time of licensure. (b) The board of directors or board, as used in this section, means
the governing body of the risk retention group elected by the shareholders or members to establish
policy, elect or appoint officers and committees, and make other governing decisions. Director,
as used in this section, means a natural person designated in the articles of the risk retention
group, or designated, elected, or appointed by any other manner, name, or title to act as
a member of the board of directors. (c)(1) The board of directors of the risk retention group
shall have a majority of independent directors. If the risk retention group is a reciprocal,
then the attorney-in-fact would be required to adhere...
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