WHAT THE WORDS MEAN
Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Alabama law uses, what it actually means, and the misreading it usually collects.
62 terms
A
Abandonment
A tenant leaving the unit, which lets the landlord enter and relet it; a unit counts as abandoned once its electric service has been off for seven consecutive days.
Also called abandoned unit
A tenant leaving the unit, which lets the landlord enter and relet it; a unit counts as abandoned once its electric service has been off for seven consecutive days.
What it is not
The landlord who relets must try to rent it at a fair rent, and the new tenancy ends the old lease.
Actual physical control
The DUI law covers a person who drives a vehicle and also one who is in actual physical control of it while over the limit or under the influence.
Also called sleeping in the car drunk, in control of a vehicle
The DUI law covers a person who drives a vehicle and also one who is in actual physical control of it while over the limit or under the influence.
What it is not
The law is not limited to a vehicle in motion; control is enough.
Administrative suspension
A suspension the state imposes, on the officer's report, for a test above the legal limit or for refusing the test.
Also called ADLS, license suspension after a DUI arrest
A suspension the state imposes, on the officer's report, for a test above the legal limit or for refusing the test.
What it is not
It stands on its own, apart from any criminal charge from the same arrest.
Age of majority
The age of 19, when a person in Alabama is relieved of the disabilities of minority and has the same legal rights as a person over 21.
Also called legal adult, age 19
The age of 19, when a person in Alabama is relieved of the disabilities of minority and has the same legal rights as a person over 21.
What it is not
The drinking age is still 21 under the alcohol law.
Average weekly earnings
The figure workers' compensation pays from: 66 2/3 percent of the average weekly earnings at the time of the injury, within the weekly maximum and minimum.
Also called average weekly wage, AWW
The figure workers' compensation pays from: 66 2/3 percent of the average weekly earnings at the time of the injury, within the weekly maximum and minimum.
What it is not
It is not the full paycheck; total disability pays two thirds of it.
B
Bail
Release from custody on a judge's order, which a defendant is entitled to as a matter of right before conviction outside the charges listed for a detention hearing.
Also called bond, getting out of jail
Release from custody on a judge's order, which a defendant is entitled to as a matter of right before conviction outside the charges listed for a detention hearing.
What it is not
The amount is set at what is sufficient to guarantee appearance, not as a punishment.
Brandishing
Waving, flourishing, displaying or holding an item in a way that is or would look threatening to a reasonable person, or in a wanton or reckless manner.
Also called waving a gun
Waving, flourishing, displaying or holding an item in a way that is or would look threatening to a reasonable person, or in a wanton or reckless manner.
What it is not
Merely carrying a holstered or secured pistol in public, without brandishing it, is not disorderly conduct.
C
Concealed carry permit
A permit from the sheriff of the county of residence, for one year, five years or life, to carry a pistol in a vehicle or concealed on the person.
Also called pistol permit, lifetime carry permit
A permit from the sheriff of the county of residence, for one year, five years or life, to carry a pistol in a vehicle or concealed on the person.
What it is not
The permit section places no condition on carrying a pistol that is not in a vehicle or not concealed.
Course of conduct
A pattern of conduct made up of a series of acts over a period of time that shows a continuity of purpose, as stalking requires.
Also called pattern of conduct
A pattern of conduct made up of a series of acts over a period of time that shows a continuity of purpose, as stalking requires.
What it is not
Constitutionally protected conduct is not harassing for the stalking law.
D
Dating relationship
A current or former relationship of a romantic or intimate nature, with the expectation of affectionate or sexual involvement by either party, which can make a crime domestic violence.
Also called intimate partner
A current or former relationship of a romantic or intimate nature, with the expectation of affectionate or sexual involvement by either party, which can make a crime domestic violence.
What it is not
A household member does not include a roommate in no romantic or intimate relationship.
Deadly physical force
Physical force which, as it is used, attempted or threatened, is readily capable of causing death or serious physical injury.
Also called deadly force, lethal force
Physical force which, as it is used, attempted or threatened, is readily capable of causing death or serious physical injury.
What it is not
It is defined by what the force can do, not by whether anyone was killed.
Driving in a distracted manner
Being seen crossing in and out of a lane without a signal, swerving, or otherwise driving impaired while holding a phone, texting, watching or recording video, or reaching for a device.
Also called hands free law, texting and driving
Being seen crossing in and out of a lane without a signal, swerving, or otherwise driving impaired while holding a phone, texting, watching or recording video, or reaching for a device.
What it is not
Hands free calls, navigation without typing in coordinates, and a dash camera are not violations.
Drug paraphernalia
Any equipment, product or material used, intended or designed to grow, make, prepare, test, package, store, hide or take a controlled substance unlawfully.
Also called paraphernalia, pipe
Any equipment, product or material used, intended or designed to grow, make, prepare, test, package, store, hide or take a controlled substance unlawfully.
What it is not
Testing equipment designed to detect fentanyl is allowed to anyone.
DUI
Driving or being in actual physical control of a vehicle with 0.08 percent or more alcohol in the blood, or under the influence of alcohol or a substance to a degree that makes safe driving impossible.
Also called driving under the influence, drunk driving, DWI
Driving or being in actual physical control of a vehicle with 0.08 percent or more alcohol in the blood, or under the influence of alcohol or a substance to a degree that makes safe driving impossible.
What it is not
Being legally entitled to use the substance, such as a prescription, is no defense.
Dwelling
A building used or normally used by a person for sleeping, living or lodging, which raises trespass and burglary.
Also called home, residence
A building used or normally used by a person for sleeping, living or lodging, which raises trespass and burglary.
What it is not
A building can be a vehicle, boat or trailer used for lodging or business.
E
E-ticket
A traffic ticket generated and printed at the scene after the violation is sent electronically to the court, which serves as the summons or notice to appear.
Also called electronic traffic ticket, uniform traffic ticket
A traffic ticket generated and printed at the scene after the violation is sent electronically to the court, which serves as the summons or notice to appear.
What it is not
With an e-ticket, the person is treated as having given a written bond to appear on the date it names.
Eavesdrop
To overhear, record, amplify or transmit any part of the private communication of others without the consent of at least one of the people in it.
Also called one party consent, secret recording
To overhear, record, amplify or transmit any part of the private communication of others without the consent of at least one of the people in it.
What it is not
Recording a conversation one is part of is not eavesdropping.
Enter or remain unlawfully
Being in or on premises without license, invitation or privilege; someone in a place open to the public is there lawfully unless they defy a lawful order to leave given to them personally.
Also called trespass, told to leave
Being in or on premises without license, invitation or privilege; someone in a place open to the public is there lawfully unless they defy a lawful order to leave given to them personally.
What it is not
A license to the public part of a building is not a license to the part that is not open.
Evidence of insurance
An insurance card, a declarations page, a binder or certificate, or a rental agreement naming the coverage, carried in the vehicle and shown on demand.
Also called proof of insurance, insurance card
An insurance card, a declarations page, a binder or certificate, or a rental agreement naming the coverage, carried in the vehicle and shown on demand.
What it is not
It may be shown on a phone, and doing so is not consent to look at anything else on it.
Ex parte order
A protection order a court issues at once, without notice or a hearing, when a petition shows abuse has occurred.
Also called emergency protection order, temporary protection order
A protection order a court issues at once, without notice or a hearing, when a petition shows abuse has occurred.
What it is not
A final order comes only after notice and a hearing, whether or not the defendant appears.
Expungement
A court order to remove the records of a charge, after which the proceedings are treated as never having occurred and agencies answer that no record exists.
Also called clearing a record, sealing a record
A court order to remove the records of a charge, after which the proceedings are treated as never having occurred and agencies answer that no record exists.
What it is not
The record still has to be disclosed to a government licensing agency, a utility, or a bank.
F
Felony
An offense for which a sentence of imprisonment of more than one year is authorized. Felonies are Class A, B, C or D.
Also called felony charge
An offense for which a sentence of imprisonment of more than one year is authorized. Felonies are Class A, B, C or D.
What it is not
A misdemeanor is one for which no more than one year may be imposed, and a violation sits below both.
G
Garnishment
A levy on wages for a debt or judgment, which cannot reach 75 percent of a resident worker's wages.
Also called wage garnishment, writ of garnishment
A levy on wages for a debt or judgment, which cannot reach 75 percent of a resident worker's wages.
What it is not
A levy on the exempt share is void.
H
Habitual felony offender
A person with prior Class A, B or C felony convictions who commits another, whose new felony is punished at a higher level for each prior.
Also called three strikes, HFOA
A person with prior Class A, B or C felony convictions who commits another, whose new felony is punished at a higher level for each prior.
What it is not
A fourth DUI and a fourth school bus conviction are felonies the law keeps out of this count.
Health care proxy
A competent adult named in a living will to decide on life-sustaining treatment and artificial nutrition and hydration, who accepts the appointment in writing.
Also called health care agent, medical power of attorney
A competent adult named in a living will to decide on life-sustaining treatment and artificial nutrition and hydration, who accepts the appointment in writing.
What it is not
A divorce revokes naming the former spouse as proxy unless the document or the order says otherwise.
Home solicitation sale
A sale solicited at the buyer's home, which the buyer may cancel until midnight of the third business day after signing.
Also called door to door sale, cooling off
A sale solicited at the buyer's home, which the buyer may cancel until midnight of the third business day after signing.
What it is not
Without the required notice of the right to cancel, the buyer may cancel for up to a year.
Homestead exemption
The protection of a resident's home, up to 160 acres, from debt collection, up to $15,000 in value, or $56,400 at 62 or older or with a disability.
Also called homestead
The protection of a resident's home, up to 160 acres, from debt collection, up to $15,000 in value, or $56,400 at 62 or older or with a disability.
What it is not
It is a protection from creditors, not the property tax homestead.
I
Ignition interlock
A device that keeps a vehicle from starting until the driver gives a breath sample, set so the vehicle will not start at a blood alcohol level of 0.02.
Also called blow and go, breathalyzer in car
A device that keeps a vehicle from starting until the driver gives a breath sample, set so the vehicle will not start at a blood alcohol level of 0.02.
What it is not
It is installed and calibrated in person by trained technicians; a mail in or remote calibration is not allowed.
Immunity hearing
A hearing before trial where a defendant who proves justified force by a preponderance of the evidence is found immune from prosecution and the charges are dismissed.
Also called self defense immunity, pretrial hearing on self defense
A hearing before trial where a defendant who proves justified force by a preponderance of the evidence is found immune from prosecution and the charges are dismissed.
What it is not
A defendant who loses the hearing can still raise self defense at trial.
Implied consent
Anyone who drives on Alabama's public highways is treated as having consented to a chemical test of blood, breath or oral fluid if lawfully arrested for an offense arising from driving under the influence.
Also called breath test, chemical test, refusal
Anyone who drives on Alabama's public highways is treated as having consented to a chemical test of blood, breath or oral fluid if lawfully arrested for an offense arising from driving under the influence.
What it is not
When a person refuses, no test is given unless a court orders one, but the license is suspended.
Innocent owner
An owner or lienholder of seized property who did not know of or consent to the conduct, whose interest is not forfeited unless the state proves knowledge or consent.
Also called third party owner
An owner or lienholder of seized property who did not know of or consent to the conduct, whose interest is not forfeited unless the state proves knowledge or consent.
What it is not
An innocent owner may ask for a hearing any time after the seizure and before a conviction.
Intestate
Dying without a will, when the estate passes by statute, with the surviving spouse's share set by the children and parents left behind.
Also called without a will
Dying without a will, when the estate passes by statute, with the surviving spouse's share set by the children and parents left behind.
What it is not
The spouse does not always take everything: descendants who are not the spouse's cut the share to one-half.
Irretrievable breakdown
A ground for divorce for either spouse, when the court finds the marriage has broken down and further attempts at reconciliation are impractical or futile.
Also called no fault divorce, incompatibility
A ground for divorce for either spouse, when the court finds the marriage has broken down and further attempts at reconciliation are impractical or futile.
What it is not
No fault has to be proven for it.
J
Joint custody
Joint legal custody, shared major decisions, and joint physical custody, time shared so the child has frequent and substantial contact with each parent.
Also called shared custody, joint physical custody
Joint legal custody, shared major decisions, and joint physical custody, time shared so the child has frequent and substantial contact with each parent.
What it is not
Joint physical custody does not necessarily mean equal time.
L
Lemon law rights period
The period ending one year after the original delivery of a new motor vehicle or after the first 12,000 miles, whichever comes first, in which a defect is reported.
Also called lemon law period
The period ending one year after the original delivery of a new motor vehicle or after the first 12,000 miles, whichever comes first, in which a defect is reported.
What it is not
Repairs reported in the period are still owed after it, up to 24 months or 24,000 miles.
M
Menacing
Intentionally placing, or trying to place, someone in fear of imminent serious physical injury by physical action. It is a Class B misdemeanor.
Also called threatening
Intentionally placing, or trying to place, someone in fear of imminent serious physical injury by physical action. It is a Class B misdemeanor.
What it is not
It takes physical action; words alone are harassment, not menacing.
Misconduct
Conduct at work that disqualifies a fired employee from unemployment benefits, such as a dishonest or criminal act, sabotage, endangering others, or misconduct repeated after a warning.
Also called fired for cause
Conduct at work that disqualifies a fired employee from unemployment benefits, such as a dishonest or criminal act, sabotage, endangering others, or misconduct repeated after a warning.
What it is not
Not every firing is for misconduct; a layoff or a firing without misconduct does not disqualify on that ground.
Moral turpitude
The quality that makes a felony take away the vote, which only the offenses the Felony Voter Disqualification Act lists have.
Also called disqualifying felony
The quality that makes a felony take away the vote, which only the offenses the Felony Voter Disqualification Act lists have.
What it is not
Not every felony takes the vote; only the listed ones do.
Move over law
The rule that a driver leaves the lane next to a stopped police or emergency vehicle, wrecker, utility, road crew or garbage truck with its lights on, or slows to at least 15 miles per hour under the limit.
Also called John Hubbard Move Over Act
The rule that a driver leaves the lane next to a stopped police or emergency vehicle, wrecker, utility, road crew or garbage truck with its lights on, or slows to at least 15 miles per hour under the limit.
What it is not
It covers more than police cars: wreckers, utility trucks, road crews and garbage trucks working the roadside are on the list.
N
Nolle prossed
A charge the prosecution dropped; one dropped without conditions and not refiled can be expunged after more than 90 days.
Also called nolle prosequi, nol prossed
A charge the prosecution dropped; one dropped without conditions and not refiled can be expunged after more than 90 days.
What it is not
It is not an acquittal, which is why the law waits to see whether it is refiled.
O
Open container
A container of alcohol that is not in the manufacturer's sealed condition, which may not be in the passenger area of a vehicle on a public highway.
Also called open bottle, open alcohol
A container of alcohol that is not in the manufacturer's sealed condition, which may not be in the passenger area of a vehicle on a public highway.
What it is not
A trunk, a truck bed, or a locked case behind a pickup's front seat is not the passenger area.
P
Private image
A sexually explicit recording of an identifiable person, including one edited, manipulated or partly artificial that a reasonable person would believe shows them.
Also called intimate image, revenge porn
A sexually explicit recording of an identifiable person, including one edited, manipulated or partly artificial that a reasonable person would believe shows them.
What it is not
There is no expectation of privacy in one made voluntarily in public, or with prior written consent in a commercial setting.
Probable cause
The ground an officer needs to arrest for a felony without a warrant, and the ground a search warrant issues on, supported by an affidavit.
Also called PC
The ground an officer needs to arrest for a felony without a warrant, and the ground a search warrant issues on, supported by an affidavit.
What it is not
An arrest on probable cause stands even if it later turns out no felony was committed.
Prohibited person
Someone convicted of a felony within five years, of three or more felonies, or of a violent or domestic violence offense, under a domestic abuse protection order, or of unsound mind, who may not have a firearm.
Also called person forbidden to possess a firearm
Someone convicted of a felony within five years, of three or more felonies, or of a violent or domestic violence offense, under a domestic abuse protection order, or of unsound mind, who may not have a firearm.
What it is not
A pardon expressly restoring the right to have a firearm for each conviction is a defense.
Purple paint marks
Vertical purple marks at least eight inches long and one inch wide on trees or posts, which post land against entry the way signs do.
Also called purple paint law, posted land
Vertical purple marks at least eight inches long and one inch wide on trees or posts, which post land against entry the way signs do.
What it is not
They have to be readily visible and no more than 100 feet apart on forest land, 1,000 feet elsewhere.
R
Reasonable suspicion
The ground on which an officer may stop a person in a public place, when the officer reasonably suspects the person is committing, has committed or is about to commit a felony or other public offense.
Also called stop and identify, Terry stop
The ground on which an officer may stop a person in a public place, when the officer reasonably suspects the person is committing, has committed or is about to commit a felony or other public offense.
What it is not
A stop on reasonable suspicion is not an arrest; the officer may demand a name, an address and an explanation.
Rehabilitative alimony
Alimony for a limited time, no more than five years absent extraordinary circumstances, to help a spouse regain the ability to keep the economic status quo of the marriage.
Also called temporary alimony
Alimony for a limited time, no more than five years absent extraordinary circumstances, to help a spouse regain the ability to keep the economic status quo of the marriage.
What it is not
Periodic alimony is the longer kind, awarded when rehabilitation is not feasible.
Retaliatory conduct
A discriminatory rent increase, cut in services, or eviction because a tenant complained to a code agency or the landlord, or joined a tenants' union.
Also called landlord retaliation
A discriminatory rent increase, cut in services, or eviction because a tenant complained to a code agency or the landlord, or joined a tenants' union.
What it is not
A landlord may still evict for unpaid rent or other material lease violations.
S
Search warrant
A court order issued on probable cause and an affidavit that particularly describes the property and the place to be searched.
Also called warrant to search
A court order issued on probable cause and an affidavit that particularly describes the property and the place to be searched.
What it is not
It is carried out and returned within 10 days after its date, and after that it is void.
Security deposit
Money a landlord holds against unpaid rent and damage, no more than one month's periodic rent except for pets, changes to the premises or increased liability risks.
Also called damage deposit
Money a landlord holds against unpaid rent and damage, no more than one month's periodic rent except for pets, changes to the premises or increased liability risks.
What it is not
A landlord who misses the 60 day refund or accounting owes double the original deposit.
Self-proved will
A will the maker acknowledges and the witnesses swear to before an officer authorized to give oaths, certified under official seal.
Also called notarized will
A will the maker acknowledges and the witnesses swear to before an officer authorized to give oaths, certified under official seal.
What it is not
A will already witnessed can be made self-proved later.
Stage II license
A regular driver's license with restrictions, held by a 16 year old or a 17 year old licensed for less than 6 months, with limits on late nights, passengers and handheld devices.
Also called restricted license, graduated license, provisional license
A regular driver's license with restrictions, held by a 16 year old or a 17 year old licensed for less than 6 months, with limits on late nights, passengers and handheld devices.
What it is not
Breaking a limit does not suspend the license; it means defensive driving school, and longer under the limits.
Stand your ground
The rule that a person justified in using force, not engaged in unlawful activity and anywhere they have a right to be, has no duty to retreat.
Also called no duty to retreat
The rule that a person justified in using force, not engaged in unlawful activity and anywhere they have a right to be, has no duty to retreat.
What it is not
It does not cover someone who provoked the fight or started it and did not withdraw.
Standard request
A records request for specifically identified records that would take less than eight hours of staff time, which gets an acknowledgment within 10 business days and an answer within 15 more.
Also called public records request
A records request for specifically identified records that would take less than eight hours of staff time, which gets an acknowledgment within 10 business days and an answer within 15 more.
What it is not
A larger request is not a standard request, and the timelines for one do not apply to it.
Statute of limitations
The time within which a claim must be brought, two years for an injury to the person or rights of another not arising from contract.
Also called deadline to sue, limitation period
The time within which a claim must be brought, two years for an injury to the person or rights of another not arising from contract.
What it is not
Different claims have different periods; a written contract has six years.
Surrogate
The person who decides on life-sustaining treatment with the physician when there is no directive, in order: guardian, spouse, adult child, parent, adult sibling, then next of kin.
Also called substitute decision maker, next of kin
The person who decides on life-sustaining treatment with the physician when there is no directive, in order: guardian, spouse, adult child, parent, adult sibling, then next of kin.
What it is not
A spouse who is legally separated or in a divorce case is passed over.
T
Trafficking
Selling, making, bringing in or possessing at least the weights the trafficking law sets, such as more than one kilo or 2.2 pounds of cannabis or 28 grams of cocaine, with mandatory prison terms.
Also called drug trafficking
Selling, making, bringing in or possessing at least the weights the trafficking law sets, such as more than one kilo or 2.2 pounds of cannabis or 28 grams of cocaine, with mandatory prison terms.
What it is not
Trafficking turns on the weight, not on proof of a sale.
U
Unlawful detainer
The court case a landlord brings to get possession, with the court's notice served on the tenant at least six days before the return day.
Also called eviction case, eviction lawsuit
The court case a landlord brings to get possession, with the court's notice served on the tenant at least six days before the return day.
What it is not
The termination notice is not the eviction; only the court can order the tenant out.
V
Violation
An offense below a misdemeanor, punished by up to 30 days in the county jail and a fine of no more than $200.
Also called petty offense
An offense below a misdemeanor, punished by up to 30 days in the county jail and a fine of no more than $200.
What it is not
Third degree trespass, loitering and public intoxication are violations.
W
Wage history
The wages an applicant was paid by a current or former employer, which an employer may not hold against an applicant who declines to give it.
Also called salary history
The wages an applicant was paid by a current or former employer, which an employer may not hold against an applicant who declines to give it.
What it is not
The law does not bar asking; it bars refusing to hire or retaliating for not answering.
Writ of possession
The order that puts the landlord back in possession after an eviction judgment, issued on the landlord's application after a seven day automatic stay.
Also called writ of restitution
The order that puts the landlord back in possession after an eviction judgment, issued on the landlord's application after a seven day automatic stay.
What it is not
An appeal does not stop it unless the tenant pays the rent into the circuit court as it comes due.
About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Alabama attorney answers and a glossary cannot. Current as of October 2026.