§ 31-2-1 Definitions (§ 31-2-1)
§ 31-2-2 Composition and administration of state militia generally
§ 31-2-3 Divisions of state militia; composition of organized militia and National Guard (§ 31-2-3)
§ 31-2-4 Composition of naval militia
§ 31-2-5 Composition of unorganized militia
§ 31-2-6 Persons exempted from militia service, etc
§ 31-2-7 Maintenance of troops in time of peace
§ 31-2-8 Organization, etc., of State Defense Force upon call, etc., into federal service of National Guard
§ 31-2-9 Powers, etc., of Governor and Adjutant General with respect to State Defense Force; State Defense Force to be free from federal control
§ 31-2-10 Appropriations for State Defense Force
§ 31-2-11 Exemption of officers and enlisted men of National Guard, etc., from state jury duty
§ 31-2-12 Exemption from motor vehicle license tax, etc.; distinctive National Guard license plates
§ 31-2-13 Service benefits for government employees, etc
§ 31-2-14 Bonds of persons responsible for public or military property or public funds
§ 31-2-15 Depositories and arsenals for military property; disposition of unexpended regular military appropriations
§ 31-2-16 Per diem of officers or enlisted men under military travel orders
§ 31-2-17 Unauthorized wearing of uniform of United States Armed Forces
§ 31-2-18 Wearing foreign uniforms – Prohibited; exceptions
§ 31-2-19 Wearing foreign uniforms – Penalties
§ 31-2-20 Unauthorized wearing of uniform while not on duty
§ 31-2-21 Discrimination against person wearing uniform
§ 31-2-22 Disloyal or insulting remarks, gestures, etc., to or about troops engaged in performance of duties, etc
§ 31-2-23 Arms, equipment, etc., to be deposited in armories, etc
§ 31-2-24 Preservation of arms, equipment, etc., by officers
§ 31-2-25 Accountability and responsibility of officers for military property in custody; powers and duties of Adjutant General as exclusive custodian of state military property
§ 31-2-26 Officers of disbanded organizations to return arms, equipment, etc., to custody of Adjutant General
§ 31-2-27 Unauthorized use of military property for private purposes
§ 31-2-28 Officers and enlisted men personally responsible for care, etc., of military property in custody
§ 31-2-29 Wilful or malicious destruction, etc., of military property
§ 31-2-30 Sale, exchange, etc., of military property; seizure, etc., of illegally acquired military property
§ 31-2-31 Sale, pawn; purchase or unauthorized retention of military property; seizure, etc., of unlawfully retained property
§ 31-2-32 Liability of officers and enlisted men for lost or damaged military property
§ 31-2-33 Failure of officers, etc., to make required reports concerning military arms, funds, etc
§ 31-2-34 Proceedings when member of armed forces unable to account for property or money
§ 31-2-35 Matters governed by custom and usage of United States Armed Forces
§ 31-2-36 Acceptance, etc., of commission, etc., in state armed forces and United States reserve components not incompatible with holding of civil office
§ 31-2-37 Annual encampments or cruises
§ 31-2-38 When officers, enlisted men, etc., deemed to be “in the active military or naval service of the state.”
§ 31-2-39 Emergency purchases
§ 31-2-40 Enforcement of sanitation laws in camps or garrisons
§ 31-2-41 National Guard and Naval Militia service medals
§ 31-2-42 Retirement of officers and enlisted men from National Guard
§ 31-2-43 Status of officers and enlisted men of National Guard and Naval Militia upon release from active federal service
§ 31-2-44 Payment of expenses by state upon call, etc., into federal service of National Guard and Naval Militia
§ 31-2-45 Designations of units engaged in federal service
§ 31-2-46 When unorganized militia may be ordered out for active service
§ 31-2-47 Rules, regulations, etc., governing unorganized militia in active service; appointment, etc., of emergency officers in state militia
§ 31-2-48 Manner of ordering out unorganized militia; organization; appointment of officers
§ 31-2-49 Draft of unorganized militia
§ 31-2-50 Failure to appear for duty in militia
§ 31-2-51 Commander in Chief – Designated
§ 31-2-52 Commander in Chief – Powers and duties generally
§ 31-2-53 Personal military staff of Governor
§ 31-2-54 Governor’s flag
§ 31-2-55 Appointment of officers and enlisted men of headquarters and headquarters detachment of National Guard (§ 31-2-55)
§ 31-2-56 Exhibitions, athletic matches and contests in armories, etc
§ 31-2-57 Assignment of headquarters and headquarters detachments of National Guard during national crisis (§ 31-2-57)
§ 31-2-58 Adjutant General – Qualifications; appointment; term; commission; rank; powers and duties generally; seal
§ 31-2-59 Adjutant General – Status and duties upon call, etc., into federal service of National Guard
§ 31-2-60 Organization of Military Department; qualifications, appointment, rank, etc., of employees of department; applicability of Merit System to department officers and employees
§ 31-2-61 Salaries of officers and employees of Military Department
§ 31-2-62 Bonds of Adjutant General and other employees of Military Department
§ 31-2-63 Offices, furniture, stationery, etc., of Military Department
§ 31-2-67 Annual report by Adjutant General to Governor
§ 31-2-68 Audit of books, accounts, etc., of Adjutant General and other officers
§ 31-2-69 Standards for appointment, removal, etc., of officers of state armed forces; qualifications of federally recognized National Guard
§ 31-2-70 Officers to have same powers and duties as officers in Armed Forces of United States
§ 31-2-71 Qualifications and appointment of National Guard staff officers headquartered in other states
§ 31-2-72 General officers of the line
§ 31-2-73 Appointment, promotion, etc., of noncommissioned officers, etc., of National Guard
§ 31-2-74 Enlistments, etc., in National Guard
§ 31-2-75 Discharge of enlisted members of National Guard
§ 31-2-76 Drills, encampments, maneuvers, etc
§ 31-2-77 Service medals and decorations authorized for wear with National Guard and Naval Militia uniforms
§ 31-2-78 Personal uniforms, arms, etc., of officers, enlisted men, etc., exempt from sale under execution, etc
§ 31-2-79 Exemption of members of militia from arrest
§ 31-2-80 Exemption from ad valorem taxes of property owned or leased by units of armed forces
§ 31-2-81 Exemption of certain post exchanges and canteens from tobacco and gasoline taxes and state and local licenses
§ 31-2-82 Armed forces organizations not to leave state without permission
§ 31-2-83 Laws applicable to militia when in active service of state; jurisdiction and powers of courts-martial as to offenses thereunder; imposition of death penalty; imprisonment
§ 31-2-84 Right of troops as to use of streets and highways
§ 31-2-85.1 Medical expenses for members of National Guard or Alabama State Defense Force
§ 31-2-86 Payment for damages caused by National Guard members acting in line of duty
§ 31-2-87 Supervision and command of National Guard organizations jointly maintained with other states for training and instruction
§ 31-2-88 Pay and subsistence for National Guard and Naval Militia in active military or naval service of state
§ 31-2-89 Actions against members of military court, etc., as to sentences, warrants, etc.; actions against officers or enlisted men for acts performed in line of duty; defense of actions against present or former members of National Guard at state expense
§ 31-2-90 Appointment of counsel to defend National Guard members in certain actions
§ 31-2-91 Security for costs in certain actions against National Guard members to be given by plaintiff
§ 31-2-99 Courts-martial for members of National Guard – Employment of court reporter
§ 31-2-100 Courts-martial for members of National Guard – Subpoena of witnesses
§ 31-2-102 Courts-martial for members of National Guard – Payment of expenses
§ 31-2-104 Courts-martial for members of National Guard – Persons authorized to execute processes and sentences
§ 31-2-105 Courts-martial for members of National Guard – Delivery of certificate to sheriff for execution of sentence; disposition of fines
§ 31-2-106 Courts-martial for members of National Guard – Compensation of civil officers for execution of process, etc
§ 31-2-107 Courts of inquiry
§ 31-2-108 Appropriations for operation, support, etc., of National Guard organizations; quarterly allowances to commanders
§ 31-2-109 Ordering out of troops – Authority of Governor
§ 31-2-110 Ordering out of troops – Restrictions
§ 31-2-111 Ordering out of troops – Request to Governor by local officials
§ 31-2-112 Ordering out of troops – Issuance of order by Governor; authority of local civil authorities to order out troops
§ 31-2-113 Ordering out of troops – Commanding officers may require written instructions from civil authorities; compliance with instructions
§ 31-2-114 Ordering out of troops – Reports to Governor when troops ordered by civil authorities
§ 31-2-115 Dispersion of mob, etc. – Order to disperse
§ 31-2-116 Dispersion of mob, etc. – Order to disperse – Failure to obey order
§ 31-2-117 Dispersion of mob, etc. – Authority to act to disperse mob, etc
§ 31-2-118 Right of National Guard members, etc., under indictment, etc., for injuries to persons or property incurred during performance of duties to change of venue of trial
§ 31-2-119 Assault on National Guard members, etc., assembled for performance of duties
§ 31-2-120 Protection of National Guard troops, etc., from assault, etc
§ 31-2-121 Duty to disperse when shot fired, etc., at National Guard
§ 31-2-122 Regulation of passage and occupancy on streets, etc., during riot, etc
§ 31-2-123 Commanders of National Guard troops may prescribe boundaries around jails, public buildings, etc., from which public excluded
§ 31-2-124 Commanders of National Guard troops may order closing of certain places and forbid sale of certain commodities
§ 31-2-125 Unauthorized military organizations
§ 31-2-126 Commanders may incarcerate and detain persons interfering with performance of troops; abatement of menaces to health or safety of command
§ 31-2-128 Dropping allowance
§ 31-2-129 Counties or municipalities may appropriate funds for military purposes for local National Guard and Naval Militia units
§ 31-2-130 Counties or municipalities may sell, etc., real estate and buildings to local National Guard units for military purposes
§ 31-2-131 Revolving fund
§ 31-2-132 Regular military appropriations
§ 31-2-133 Special appropriations for National Guard in active military service of state
§ 31-2-134 National Guard Challenge Program
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Terms Used In Alabama Code > Title 31 > Chapter 2 - Military Code

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Alabama bank: means a bank whose home state is Alabama. See Alabama Code 5-13B-21
  • Alabama state bank: means a bank chartered under the laws of Alabama. See Alabama Code 5-13B-21
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Asset: means property of a debtor, but the term does not include:
    (i) property to the extent it is encumbered by a valid lien;
    (ii) property to the extent it is generally exempt under nonbankruptcy law; or
    (iii) an interest in property held in tenancy in common for life with cross contingent remainder to the survivor in fee to the extent it is not subject to process by a creditor holding a claim against only one tenant. See Alabama Code 8-9B-2
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bank holding company: has the meaning set forth in 12 U. See Alabama Code 5-13B-21
  • Bank supervisory agency: means :
    (1) The Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and any successor to these agencies; and
    (2) Any agency of another state with primary responsibility for chartering and supervising banks. See Alabama Code 5-13B-21
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • board: means the civil service board created by this part; "appointing authority" means in the case of employees in the offices of the elected officers of the city, such elected officers in the case of all other city employees, the city governing body, or board or other agency supervising their work. See Alabama Code 45-8A-130.01
  • Capital offense: A crime punishable by death.
  • certificate of incorporation: as used in this chapter is synonymous to the term "certificate of formation" used in Chapter 1. See Alabama Code 10A-2A-1.40
  • certificate of incorporation: as used in this chapter is synonymous to the term certificate of formation used in Chapter 1. See Alabama Code 10A-3A-1.02
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • city: means the City of Weaver in Calhoun County; "employee" means any person including public works employees, assistant city clerk, city clerk and policemen, not excepted by Section 45-8A-130. See Alabama Code 45-8A-130.01
  • claim for relief: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured and specifically shall include the nonpayment of child support pursuant to a court order. See Alabama Code 8-9B-2
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: shall be construed consistently with the provisions of 12 U. See Alabama Code 5-13B-21
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Creditor: means a person that has a claim. See Alabama Code 8-9B-2
  • cruel: as used in this article shall mean: Every act, omission, or neglect, including abandonment, where unnecessary or unjustifiable pain or suffering, including abandonment, is caused or where unnecessary pain or suffering is allowed to continue. See Alabama Code 13A-11-240
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Debt: means liability on a claim. See Alabama Code 8-9B-2
  • Debtor: means a person that is liable on a claim. See Alabama Code 8-9B-2
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • distress merchandise sales: shall include , but not be limited to, any sale advertised either specifically or in substance to be any one of the following:
    Alabama Code 8-13-1
  • Docket: A log containing brief entries of court proceedings.
  • dog or cat: as used in this article shall mean any domesticated member of the dog or cat family. See Alabama Code 13A-11-240
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 8-9B-2
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: means next after. See Alabama Code 1-1-1
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • going out of business sales: shall include , but not be limited to, any sale advertised either specifically or in substance to be any one of the following:
    Alabama Code 8-13-1
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Home state: means :
    (1) With respect to a national bank, the state in which the main office of the bank is located;
    (2) With respect to a state bank, the state by which the bank is chartered;
    (3) With respect to a foreign bank, the state determined to be the home state of such foreign bank under 12 U. See Alabama Code 5-13B-21
  • Home state regulator: means , with respect to an out-of-state state bank, the bank supervisory agency of the state in which such bank is chartered. See Alabama Code 5-13B-21
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insider: includes :
    (i) if the debtor is an individual:
    (A) a relative of the debtor or of a general partner of the debtor;
    (B) a partnership in which the debtor is a general partner;
    (C) a general partner in a partnership described in clause (B); or
    (D) a corporation of which the debtor is a director, officer, or person in control;
    (ii) if the debtor is a corporation:
    (A) a director of the debtor;
    (B) an officer of the debtor;
    (C) a person in control of the debtor;
    (D) a partnership in which the debtor is a general partner;
    (E) a general partner in a partnership described in clause (D); or
    (F) a relative of a general partner, director, officer, or person in control of the debtor;
    (iii) if the debtor is a partnership:
    (A) a general partner in the debtor;
    (B) a relative of a general partner in, a general partner of, or a person in control of the debtor;
    (C) another partnership in which the debtor is a general partner;
    (D) a general partner in a partnership described in clause (C); or
    (E) a person in control of the debtor;
    (iv) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
    (v) a managing agent of the debtor. See Alabama Code 8-9B-2
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interstate merger transaction: means :
    (1) The merger or consolidation of banks with different home states, and the conversion of branches of any bank involved in the merger or consolidation into branches of the resulting bank; or
    (2) The purchase of all or substantially all of the assets, including all or substantially all of the branches, of a bank whose home state is different from the home state of the acquiring bank. See Alabama Code 5-13B-21
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See Alabama Code 8-9B-2
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • month: means a calendar month. See Alabama Code 1-1-1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Organization: means a person other than an individual. See Alabama Code 8-9B-2
  • Out-of-state bank: means a bank whose home state is a state other than Alabama. See Alabama Code 5-13B-21
  • Out-of-state state bank: means a bank chartered under the laws of any state other than Alabama. See Alabama Code 5-13B-21
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, estate, partnership, association, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal or commercial entity. See Alabama Code 8-9B-2
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Personal property: All property that is not real property.
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • preceding: means next before. See Alabama Code 1-1-1
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: means both real and personal property, whether tangible or intangible, and any interest in property whether legal or equitable and includes anything that may be the subject of ownership. See Alabama Code 8-9B-2
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • Recess: A temporary interruption of the legislative business.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Alabama Code 8-9B-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • residing: as used in this article , shall mean any person who remains within any county in the state for a period of more than 24 hours and maintains or uses sleeping quarters anywhere within the county. See Alabama Code 13A-11-180
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Resulting bank: means a bank that has resulted from an interstate merger transaction under this article. See Alabama Code 5-13B-21
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: means any state, territory, or other possession of the United States, including the District of Columbia. See Alabama Code 5-13B-21
  • 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
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 1-1-1
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means the Superintendent of Banks then in office and, where appropriate, all of his or her successors and predecessors in office. See Alabama Code 5-13B-21
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license, and creation of a lien or other encumbrance. See Alabama Code 8-9B-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1