Applicable Laws Alabama

Applicable Laws Alabama

Applicable Laws Alabama

Alabama is a state in the southern United States that has an extensive set of laws governing many aspects of life. These applicable laws reflect the values and culture of the people living in Alabama, as well as providing guidance for individuals and businesses operating within its borders. The primary source of law in Alabama is its constitution and statutes; however, court decisions may also be used to interpret certain laws or create new ones. Additionally, federal regulations may affect how state laws are applied. In general, Alabama's legal system seeks to protect individual rights while promoting public safety and welfare. This includes protecting citizens from unfair treatment by government agencies or private entities, such as employers or landlords. Furthermore, these applicable laws provide order and predictability for citizens and businesses alike by establishing a framework for resolving disputes through mediation, negotiation, arbitration, or other forms of dispute resolution. As with any state's legal system, it is important to familiarize oneself with the relevant applicable laws before engaging in activities that could potentially lead to civil litigation in Alabama.
Alabama
State of Alabama
Nicknames
the Yellowhammer State, the Heart of Dixie, the Cotton State
Motto(s)
Latin: Audemus jura nostra defendere
(We dare defend our rights)
Anthem: "Alabama"
Map of the United States with Alabama highlighted
CountryUnited States
Before statehoodAlabama Territory
Admitted to the UnionDecember 14, 1819 (22nd)
CapitalMontgomery
Largest cityHuntsville
Largest county or equivalentJefferson
Largest metro and urban areasGreater Birmingham
Government
 • GovernorKay Ivey (R)
 • Lieutenant GovernorWill Ainsworth (R)
LegislatureAlabama Legislature
 • Upper houseSenate
 • Lower houseHouse of Representatives
JudiciarySupreme Court of Alabama
U.S. senatorsTommy Tuberville (R)
Katie Britt (R)
U.S. House delegation6 Republicans
1 Democrat (list)
Area
 • Total52,419 sq mi (135,765 km2)
 • Land50,744 sq mi (131,426 km2)
 • Water1,675 sq mi (4,338 km2)  3.2%
 • Rank30th
Dimensions
 • Length330 mi (531 km)
 • Width190 mi (305 km)
Elevation
500 ft (150 m)
Highest elevation2,413 ft (735.5 m)
Lowest elevation0 ft (0 m)
Population
 (2021)
 • Total5,039,877[3]
 • Rank24th
 • Density99.1/sq mi (38.4/km2)
  • Rank27th
 • Median household income
$52,000[4]
 • Income rank
46th[5]
Demonym(s)Alabamian,[6] Alabaman[7]
Language
 • Official languageEnglish
 • Spoken languageAs of 2010[update][8]
  • English 95.1%
  • Spanish 3.1%
Time zones
Entire state (legally)UTC−06:00 (Central)
 • Summer (DST)UTC−05:00 (CDT)
Phenix City area (unofficially)UTC−05:00 (Eastern)
 • Summer (DST)UTC−04:00 (EDT)
USPS abbreviation
AL
ISO 3166 codeUS-AL
Traditional abbreviationAla.
Latitude30°11' N to 35° N
Longitude84°53' W to 88°28' W
Websitealabama.gov

The state's geography is diverse, with the north dominated by the mountainous Tennessee Valley and the south by Mobile Bay, a historically significant port. Politically, as part of the Deep South, Alabama is predominantly a conservative state, and is known for its Southern culture. Within Alabama, American football, particularly at the college level, plays a major part of the state's culture. During and after World War II, Alabama grew as the state's economy diversified with new industries. NASA's Marshall Space Flight Center in Huntsville would help Alabama's economic growth in the mid-to-late 20th century, by developing an aerospace industry. Alabama's economy in the 21st century is based on automotive, finance, tourism, manufacturing, aerospace, mineral extraction, healthcare, education, retail, and technology.[15] Originally home to many native tribes, present-day Alabama was a Spanish territory beginning in the sixteenth century until the French acquired it in the early eighteenth century. The British won the territory in 1763 until losing it in the American Revolutionary War. Spain held Mobile as part of Spanish West Florida until 1813. In December 1819, Alabama was recognized as a state. During the antebellum period, Alabama was a major producer of cotton, and widely used African American slave labor. In 1861, the state seceded from the United States to become part of the Confederate States of America, with Montgomery acting as its first capital, and rejoined the Union in 1868. Following the American Civil War, Alabama would suffer decades of economic hardship, in part due to agriculture and a few cash crops being the main driver of the state's economy. Similar to other former slave states, Alabamian legislators employed Jim Crow laws from the late 19th century up until the 1960s. High-profile events such as the Selma to Montgomery march made the state a major focal point of the civil rights movement in the 1950s and 1960s. Alabama is nicknamed the Yellowhammer State, after the state bird. Alabama is also known as the "Heart of Dixie" and the "Cotton State". The state tree is the longleaf pine, and the state flower is the camellia. Alabama's capital is Montgomery, and its largest city by population and area is Huntsville.[11] Its oldest city is Mobile, founded by French colonists (Alabama Creoles) in 1702 as the capital of French Louisiana.[12][13] Greater Birmingham is Alabama's largest metropolitan area and its economic center.[14] Alabama (/ˌæləˈbæmə/) is a state in the Southeastern region of the United States, bordered by Tennessee to the north; Georgia to the east; Florida and the Gulf of Mexico to the south; and Mississippi to the west. Alabama is the 30th largest by area[9] and the 24th-most populous of the U.S. states.[10]

About Alabama


Indigenous peoples of varying cultures lived in the area for thousands of years before the advent of European colonization. Trade with the northeastern tribes by the Ohio River began during the Burial Mound Period (1000 BCE – 700 CE) and continued until European contact. The agrarian Mississippian culture covered most of the state from 1000 to 1600 CE, with one of its major centers built at what is now the Moundville Archaeological Site in Moundville, Alabama. This is the second-largest complex of the classic Middle Mississippian era, after Cahokia in present-day Illinois, which was the center of the culture. Analysis of artifacts from archaeological excavations at Moundville were the basis of scholars' formulating the characteristics of the Southeastern Ceremonial Complex (SECC). Contrary to popular belief, the SECC appears to have no direct links to Mesoamerican culture but developed independently. The Ceremonial Complex represents a major component of the religion of the Mississippian peoples; it is one of the primary means by which their religion is understood. Among the historical tribes of Native American people living in present-day Alabama at the time of European contact were the Cherokee, an Iroquoian language people; and the Muskogean-speaking Alabama (Alibamu), Chickasaw, Choctaw, Creek, and Koasati. While part of the same large language family, the Muskogee tribes developed distinct cultures and languages. The Spanish were the first Europeans to reach Alabama during their exploration of North America in the 16th century. The expedition of Hernando de Soto passed through Mabila and other parts of the state in 1540. More than 160 years later, the French founded the region's first European settlement at Old Mobile in 1702. The city was moved to the current site of Mobile in 1711. This area was claimed by the French from 1702 to 1763 as part of La Louisiane. After the French lost to the British in the Seven Years' War, it became part of British West Florida from 1763 to 1783. After the United States victory in the American Revolutionary War, the territory was divided between the United States and Spain. The latter retained control of this western territory from 1783 until the surrender of the Spanish garrison at Mobile to U.S. forces on April 13, 1813. Thomas Bassett, a loyalist to the British monarchy during the Revolutionary era, was one of the earliest white settlers in the state outside Mobile. He settled in the Tombigbee District during the early 1770s. The district's boundaries were roughly limited to the area within a few miles of the Tombigbee River and included portions of what is today southern Clarke County, northernmost Mobile County, and most of Washington County. What is now the counties of Baldwin and Mobile became part of Spanish West Florida in 1783, part of the independent Republic of West Florida in 1810, and was finally added to the Mississippi Territory in 1812. Most of what is now the northern two-thirds of Alabama was known as the Yazoo lands beginning during the British colonial period. It was claimed by the Province of Georgia from 1767 onwards. Following the Revolutionary War, it remained a part of Georgia, although heavily disputed. With the exception of the area around Mobile and the Yazoo lands, what is now the lower one-third of Alabama was made part of the Mississippi Territory when it was organized in 1798. The Yazoo lands were added to the territory in 1804, following the Yazoo land scandal. Spain kept a claim on its former Spanish West Florida territory in what would become the coastal counties until the Adams–Onís Treaty officially ceded it to the United States in 1819. Before Mississippi's admission to statehood on December 10, 1817, the more sparsely settled eastern half of the territory was separated and named the Alabama Territory. The United States Congress created the Alabama Territory on March 3, 1817. St. Stephens, now abandoned, served as the territorial capital from 1817 to 1819. Alabama was admitted as the 22nd state on December 14, 1819, with Congress selecting Huntsville as the site for the first Constitutional Convention. From July 5 to August 2, 1819, delegates met to prepare the new state constitution. Huntsville served as temporary capital from 1819 to 1820, when the seat of government moved to Cahaba in Dallas County. Cahaba, now a ghost town, was the first permanent state capital from 1820 to 1825. The Alabama Fever land rush was underway when the state was admitted to the Union, with settlers and land speculators pouring into the state to take advantage of fertile land suitable for cotton cultivation. Part of the frontier in the 1820s and 1830s, its constitution provided for universal suffrage for white men. Southeastern planters and traders from the Upper South brought slaves with them as the cotton plantations in Alabama expanded. The economy of the central Black Belt (named for its dark, productive soil) was built around large cotton plantations whose owners' wealth grew mainly from slave labor. The area also drew many poor, disenfranchised people who became subsistence farmers. Alabama had an estimated population of under 10,000 people in 1810, but it increased to more than 300,000 people by 1830. Most Native American tribes were completely removed from the state within a few years of the passage of the Indian Removal Act by Congress in 1830. From 1826 to 1846, Tuscaloosa served as Alabama's capital. On January 30, 1846, the Alabama legislature announced it had voted to move the capital city from Tuscaloosa to Montgomery. The first legislative session in the new capital met in December 1847. A new capitol building was erected under the direction of Stephen Decatur Button of Philadelphia. The first structure burned down in 1849, but was rebuilt on the same site in 1851. This second capitol building in Montgomery remains to the present day. It was designed by Barachias Holt of Exeter, Maine. By 1860, the population had increased to 964,201 people, of which nearly half, 435,080, were enslaved African Americans, and 2,690 were free people of color. On January 11, 1861, Alabama declared its secession from the Union. After remaining an independent republic for a few days, it joined the Confederate States of America. The Confederacy's capital was initially at Montgomery. Alabama was heavily involved in the American Civil War. Although comparatively few battles were fought in the state, Alabama contributed about 120,000 soldiers to the war effort. A company of cavalry soldiers from Huntsville, Alabama, joined Nathan Bedford Forrest's battalion in Hopkinsville, Kentucky. The company wore new uniforms with yellow trim on the sleeves, collar and coattails. This led to them being greeted with "Yellowhammer", and the name later was applied to all Alabama troops in the Confederate Army. Alabama's slaves were freed by the 13th Amendment in 1865. Alabama was under military rule from the end of the war in May 1865 until its official restoration to the Union in 1868. From 1867 to 1874, with most white citizens barred temporarily from voting and freedmen enfranchised, many African Americans emerged as political leaders in the state. Alabama was represented in Congress during this period by three African-American congressmen: Jeremiah Haralson, Benjamin S. Turner, and James T. Rapier. Following the war, the state remained chiefly agricultural, with an economy tied to cotton. During Reconstruction, state legislators ratified a new state constitution in 1868 which created the state's first public school system and expanded women's rights. Legislators funded numerous public road and railroad projects, although these were plagued with allegations of fraud and misappropriation. Organized insurgent, resistance groups tried to suppress the freedmen and Republicans. Besides the short-lived original Ku Klux Klan, these included the Pale Faces, Knights of the White Camellia, Red Shirts, and the White League. Reconstruction in Alabama ended in 1874, when the Democrats regained control of the legislature and governor's office through an election dominated by fraud and violence. They wrote another constitution in 1875, and the legislature passed the Blaine Amendment, prohibiting public money from being used to finance religious-affiliated schools. The same year, legislation was approved that called for racially segregated schools. Railroad passenger cars were segregated in 1891. The new 1901 Constitution of Alabama included provisions for voter registration that effectively disenfranchised large portions of the population, including nearly all African Americans and Native Americans, and tens of thousands of poor European Americans, through making voter registration difficult, requiring a poll tax and literacy test. The 1901 constitution required racial segregation of public schools. By 1903 only 2,980 African Americans were registered in Alabama, although at least 74,000 were literate. This compared to more than 181,000 African Americans eligible to vote in 1900. The numbers dropped even more in later decades. The state legislature passed additional racial segregation laws related to public facilities into the 1950s: jails were segregated in 1911; hospitals in 1915; toilets, hotels, and restaurants in 1928; and bus stop waiting rooms in 1945. While the planter class had persuaded poor whites to vote for this legislative effort to suppress black voting, the new restrictions resulted in their disenfranchisement as well, due mostly to the imposition of a cumulative poll tax. By 1941, whites constituted a slight majority of those disenfranchised by these laws: 600,000 whites vs. 520,000 African Americans. Nearly all Blacks had lost the ability to vote. Despite numerous legal challenges which succeeded in overturning certain provisions, the state legislature would create new ones to maintain disenfranchisement. The exclusion of blacks from the political system persisted until after passage of federal civil rights legislation in 1965 to enforce their constitutional rights as citizens. The rural-dominated Alabama legislature consistently underfunded schools and services for the disenfranchised African Americans, but it did not relieve them of paying taxes. Partially as a response to chronic underfunding of education for African Americans in the South, the Rosenwald Fund began funding the construction of what came to be known as Rosenwald Schools. In Alabama, these schools were designed, and the construction partially financed with Rosenwald funds, which paid one-third of the construction costs. The fund required the local community and state to raise matching funds to pay the rest. Black residents effectively taxed themselves twice, by raising additional monies to supply matching funds for such schools, which were built in many rural areas. They often donated land and labor as well. Beginning in 1913, the first 80 Rosenwald Schools were built in Alabama for African American children. A total of 387 schools, seven teachers' houses, and several vocational buildings were completed by 1937 in the state. Several of the surviving school buildings in the state are now listed on the National Register of Historic Places. Continued racial discrimination and lynchings, agricultural depression, and the failure of the cotton crops due to boll weevil infestation led tens of thousands of African Americans from rural Alabama and other states to seek opportunities in northern and midwestern cities during the early decades of the 20th century as part of the Great Migration out of the South. Reflecting this emigration, the population growth rate in Alabama (see "historical populations" table below) dropped by nearly half from 1910 to 1920. At the same time, many rural people migrated to the city of Birmingham to work in new industrial jobs. Birmingham experienced such rapid growth it was called the "Magic City". By 1920, Birmingham was the 36th-largest city in the United States. Heavy industry and mining were the basis of its economy. Its residents were under-represented for decades in the state legislature, which refused to redistrict after each decennial census according to population changes, as it was required by the state constitution. This did not change until the late 1960s following a lawsuit and court order. Industrial development related to the demands of World War II brought a level of prosperity to the state not seen since before the civil war. Rural workers poured into the largest cities in the state for better jobs and a higher standard of living. One example of this massive influx of workers occurred in Mobile. Between 1940 and 1943, more than 89,000 people moved into the city to work for war-related industries. Cotton and other cash crops faded in importance as the state developed a manufacturing and service base. Despite massive population changes in the state from 1901 to 1961, the rural-dominated legislature refused to reapportion House and Senate seats based on population, as required by the state constitution to follow the results of decennial censuses. They held on to old representation to maintain political and economic power in agricultural areas. One result was that Jefferson County, containing Birmingham's industrial and economic powerhouse, contributed more than one-third of all tax revenue to the state, but did not receive a proportional amount in services. Urban interests were consistently underrepresented in the legislature. A 1960 study noted that because of rural domination, "a minority of about 25% of the total state population is in majority control of the Alabama legislature." In the United States Supreme Court cases of Baker v. Carr (1962) and Reynolds v. Sims (1964), the court ruled that the principle of "one man, one vote" needed to be the basis of both houses of state legislatures, and that their districts had to be based on population rather than geographic counties. African Americans continued to press in the 1950s and 1960s to end disenfranchisement and segregation in the state through the civil rights movement, including legal challenges. In 1954, the U.S. Supreme Court ruled in Brown v. Board of Education that public schools had to be desegregated, but Alabama was slow to comply. During the 1960s, under Governor George Wallace, Alabama resisted compliance with federal demands for desegregation. The civil rights movement had notable events in Alabama, including the Montgomery bus boycott (1955–1956), Freedom Rides in 1961, and 1965 Selma to Montgomery marches. These contributed to Congressional passage and enactment of the Civil Rights Act of 1964 and Voting Rights Act of 1965 by the U.S. Congress. Legal segregation ended in the states in 1964, but Jim Crow customs often continued until specifically challenged in court. According to The New York Times, by 2017, many of Alabama's African Americans were living in Alabama's cities such as Birmingham and Montgomery. Also, the Black Belt region across central Alabama "is home to largely poor counties that are predominantly African-American. These counties include Dallas, Lowndes, Marengo and Perry." In 1972, for the first time since 1901, the legislature completed the congressional redistricting based on the decennial census. This benefited the urban areas that had developed, as well as all in the population who had been underrepresented for more than sixty years. Other changes were made to implement representative state house and senate districts. Alabama has made some changes since the late 20th century and has used new types of voting to increase representation. In the 1980s, an omnibus redistricting case, Dillard v. Crenshaw County, challenged the at-large voting for representative seats of 180 Alabama jurisdictions, including counties and school boards. At-large voting had diluted the votes of any minority in a county, as the majority tended to take all seats. Despite African Americans making up a significant minority in the state, they had been unable to elect any representatives in most of the at-large jurisdictions. As part of settlement of this case, five Alabama cities and counties, including Chilton County, adopted a system of cumulative voting for election of representatives in multi-seat jurisdictions. This has resulted in more proportional representation for voters. In another form of proportional representation, 23 jurisdictions use limited voting, as in Conecuh County. In 1982, limited voting was first tested in Conecuh County. Together use of these systems has increased the number of African Americans and women being elected to local offices, resulting in governments that are more representative of their citizens. Beginning in the 1960s, the state's economy shifted away from its traditional lumber, steel, and textile industries because of increased foreign competition. Steel jobs, for instance, declined from 46,314 in 1950 to 14,185 in 2011. However, the state, particularly Huntsville, benefited from the opening of the George C. Marshall Space Flight Center in 1960, a major facility in the development of the Saturn rocket program and the space shuttle. Technology and manufacturing industries, such as automobile assembly, replaced some the state's older industries in the late twentieth century, but the state's economy and growth lagged behind other states in the area, such as Georgia and Florida. In 2001, Alabama Supreme Court chief justice Roy Moore installed a statue of the Ten Commandments in the capitol in Montgomery. In 2002, the 11th US Circuit Court ordered the statue removed, but Moore refused to follow the court order, which led to protests around the capitol in favor of keeping the monument. The monument was removed in August 2003. A few natural disasters have occurred in the state in the twenty-first century. In 2004, Hurricane Ivan, a category 3 storm upon landfall, struck the state and caused over $18 billion of damage. It was among the most destructive storms to strike the state in its modern history. A super outbreak of 62 tornadoes hit the state in April 2011 and killed 238 people, devastating many communities.

Reviews for Zar.Law - A Human Rights Law Firm


Zar.Law - A Human Rights Law Firm

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Zar.Law - A Human Rights Law Firm

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Zar.Law - A Human Rights Law Firm

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Frequently Asked Questions

Victims of sexual abuse in Alabama are protected by Title 13A of the Code of Alabama, which outlines various offenses such as sexual assault, rape, and other sex crimes.
Yes, there are statutes of limitations for filing civil claims for victims rights in Alabama. Generally speaking, a plaintiff must file a lawsuit within two years from when the injury or harm occurred.
Possible remedies available to victims of sexual abuse in Alabama include monetary damages, injunctive relief (such as restraining orders), emotional distress damages, and punitive damages depending on the specific facts and circumstances surrounding the case.
Yes, under certain conditions it is possible to seek compensation from third-party defendants who were not directly involved with the abuse but may have been aware or should have been aware that it was occurring; this is known as negligent supervision or negligent hiring/retention claims.
No, marital privilege does not apply in criminal cases involving sexual abuse in Alabama; spouses cannot refuse to testify against each other even if they are married at the time of trial.