Terms Used In Michigan Laws > Chapter 550 > Act 350 of 1980 > Part 2

• Administrator: means the person appointed by the department, in accordance with the policies of the commission and civil service rules, to serve as director of the office of economic development. See Michigan Laws 247.901
• Advanced traffic management systems: means the application of new technology designed to monitor, control, and manage the flow of traffic in real-time on a transportation network through traffic detection, communications, traffic control, and information processing technologies. See Michigan Laws 247.901
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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.
• annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 8.3d
• 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.
• 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
• Archives: means the archives of Michigan. See Michigan Laws 399.802
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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.
• 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.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• 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 highway jurisdiction determination board. See Michigan Laws 247.851
• Capital preventive treatments: means any preventive maintenance category project on state trunk line highways that qualifies under the department's capital preventive maintenance program. See Michigan Laws 247.660c
• Center: means the Michigan history center. See Michigan Laws 399.802
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Commercial forest land: means land defined as commercial forest in Michigan's fourth forest inventory completed in May 1981 and reported by the United States Department of Agriculture in the resource bulletin NC-68 available from the United States Forest Service's north central experiment station. See Michigan Laws 247.901
• Commission: means the Michigan historical commission created in section 3. See Michigan Laws 399.832
• Commission: means the state transportation commission. See Michigan Laws 247.901
• Commission: means the state transportation commission. See Michigan Laws 247.951
• commission: means the state transportation commission established in section 28 of article V of the state constitution of 1963. See Michigan Laws 247.660c
• Commission: means the Michigan historical commission created in section 3 of the Michigan historical commission act, 2016 PA 469, MCL 399. See Michigan Laws 399.802
• Commission: means the state transportation commission. See Michigan Laws 247.801
• 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.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contracted health plan: means a managed care organization with whom the department contracts to provide or arrange for the delivery of comprehensive health care services as authorized under this act. See Michigan Laws 400.106
• 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.
• Corrective action plan: means a plan developed by a rail transit agency that describes the actions that the rail transit agency will take to minimize, control, correct, or eliminate risks or hazards, and the schedule for taking those actions. See Michigan Laws 247.781
• County road agency: means the board of county road commissioners, or if a board does not exist in a county, the agency designated by county charter. See Michigan Laws 247.901
• County road commission: means the board of county road commissioners elected or appointed pursuant to section 6 of chapter IV of 1909 PA 283, MCL 224. See Michigan Laws 247.660c
• Covered rail fixed guideway public transportation system: means a transit system operating within this state that is subject to the state safety oversight requirements under 49 C. See Michigan Laws 247.781
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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.
• Demand actuated vehicle: means a bus or smaller transit vehicle operated for providing group rides to members of the general public paying fares individually, and on demand rather than in regularly scheduled route service. See Michigan Laws 247.660c
• Department: means the department of transportation. See Michigan Laws 247.801
• Department: means the department of natural resources. See Michigan Laws 399.832
• Department: means the state transportation department. See Michigan Laws 247.901
• Department: means the state transportation department. See Michigan Laws 247.951
• Department: means the state transportation department. See Michigan Laws 247.781
• Department: means the department of natural resources. See Michigan Laws 399.802
• department of transportation: means the state transportation department, the principal department of state government created under section 350 of the executive organization act of 1965, 1965 PA 380, MCL 16. See Michigan Laws 247.660c
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Director: means the director of the department. See Michigan Laws 399.802
• Director: means the director of transportation. See Michigan Laws 247.801
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Donor: The person who makes a gift.
• Eligible authority: means an authority organized under the metropolitan transportation authorities act of 1967, 1967 PA 204, MCL 124. See Michigan Laws 247.660c
• Eligible governmental agency: means a county, city, or village or an authority created under 1963 PA 55, MCL 124. See Michigan Laws 247.660c
• 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.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal poverty guidelines: means the poverty guidelines published annually in the Federal Register by the United States Department of Health and Human Services under its authority to revise the poverty line under section 673(2) of subtitle B of title VI of the omnibus budget reconciliation act of 1981, 42 USC 9902. See Michigan Laws 400.106
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Fund: means the economic development fund created in section 2. See Michigan Laws 247.901
• 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.
• Governmental unit: means the state transportation department, the state transportation commission, a county road commission, a city, or a village. See Michigan Laws 247.660c
• 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.
• Hazard: means a real or potential condition that can cause injury, illness, or death; damage to or loss of facilities, equipment, rolling stock, or infrastructure of a rail fixed guideway public transportation system; or damage to the environment. See Michigan Laws 247.781
• Highway: means a highway, road or street. See Michigan Laws 247.851
• Highway authority: means the state highway commission, a board of county road commissioners or the governing body of a city or village. See Michigan Laws 247.851
• Historic: means buildings, structures, interpreted sites, objects, or historic districts that are significant to the history, archaeology, architecture, engineering, or culture of this state. See Michigan Laws 247.951
• hospitalization: means medical, surgical, or obstetrical care in the university hospital or in a hospital licensed under article 17 of Act No. See Michigan Laws 400.66a
• in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
• 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}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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}
• Investigation: means a process of determining the causal and contributing factors of an accident, incident, or hazard to prevent recurrence and mitigate risk. See Michigan Laws 247.781
• 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.
• 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}
• Legacy: A gift of property made by will.
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Maintenance: means routine maintenance or preventive maintenance, or both. See Michigan Laws 247.660c
• Majority leader: see Floor Leaders
• Medical care: as used in this act means medical care rendered under the supervision of a licensed physician in an organized out-patient department of a hospital licensed by the department of community health under article 17 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 400.55
• Medical institution: means a state licensed or approved hospital, nursing home, medical care facility, psychiatric hospital, or other facility or identifiable unit of a listed institution certified as meeting established standards for a nursing home or hospital in accordance with the laws of this state. See Michigan Laws 400.106
• medically indigent individual: means any of the following: