Alabama Code 16-46-8. Enforcement proceedings
Terms Used In Alabama Code 16-46-8
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- circuit: means judicial circuit. See Alabama Code 1-1-1
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
The Department of Postsecondary Education may institute such action of law or in equity as may be necessary to enforce this chapter. In addition to any other remedy under this chapter, the Department of Postsecondary Education may apply for relief by injunction, mandamus, or any other appropriate remedy in equity without being compelled to allege or prove that an adequate remedy at law does not otherwise exist. The Department of Postsecondary Education is not required to give or post bond in any action to which it is party, whether upon appeal or otherwise. All legal actions shall be brought against the Department of Postsecondary Education in the name of the Department of Postsecondary Education. The Department of Postsecondary Education may institute an action by its own attorney, but shall have the right, if it deems advisable, to call upon any assistant district attorney or district attorney to represent it in the circuit courts of this state or the Attorney General to represent it on appeal in the appellate courts of this state.