Terms Used In Michigan Laws > Chapter 780 > Act 87 of 1985 > Article 3

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Additive: means any substance in gasoline other than gasoline but does not include approved blending components, other than lead, sodium, and phosphate components, introduced at refineries or terminals as octane or product quality enhancers in quantities of less than 1% of volume. See Michigan Laws 290.642
• AKI: means an index number arrived at by adding the motor octane number and the research octane number, then dividing by 2. See Michigan Laws 290.642
• ALI: means a 9-1-1 service feature provided by the service supplier that automatically provides the name and service address or, for a CMRS service supplier, the location associated with the calling party's telephone number as identified by automatic number identification to a 9-1-1 public safety answering point. See Michigan Laws 484.1102
• 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.
• American society for testing and materials: means an international nonprofit scientific and educational society devoted to the promotion of knowledge of the materials of engineering and the standardization of specification and methods of testing. See Michigan Laws 290.642
• ANI: means a 9-1-1 service feature provided by the service supplier that automatically provides the calling party's telephone number to a 9-1-1 public safety answering point. See Michigan Laws 484.1102
• 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.
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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.
• 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.
• Biodiesel: means a fuel composed of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, and, in accordance with standards specified by the American society for testing and materials, designated B100, and meeting the requirements of D-6751, as approved by the department. See Michigan Laws 290.642
• Biodiesel blend: means a fuel comprised of a blend of biodiesel fuel with petroleum-based diesel fuel, suitable for use as a fuel in a compression-ignition internal combustion diesel engine. See Michigan Laws 290.642
• Blender: means a person who as an individual or through his or her agent adds an oxygenate to a gasoline. See Michigan Laws 290.642
• Bulk purchaser-end user: means a person who is an ultimate consumer of gasoline and receives delivery of gasoline into a storage tank of at least 550-gallon capacity substantially under his or her control. See Michigan Laws 290.642
• CMRS: means commercial mobile radio service regulated under section 3 of title I and section 332 of title III of the communications act of 1934, chapter 652, 48 Stat 1064, 47 USC 153 and 332, and the rules of the Federal Communications Commission or provided under the wireless emergency service order. See Michigan Laws 484.1102
• Commission: means the Michigan public service commission. See Michigan Laws 484.1102
• Committee: means the emergency 9-1-1 service committee created under section 712. See Michigan Laws 484.1102
• common network: means the elements of a service supplier's network that are not exclusive to the supplier or technology capable of accessing the 9-1-1 system. See Michigan Laws 484.1102
• Common network costs: means the costs associated with the common network required to deliver a 9-1-1 call with ALI and ANI from a selective router or emergency services routing proxy to the proper PSAP and the costs associated with the 9-1-1 database and data distribution system of the primary 9-1-1 service supplier identified in a county 9-1-1 plan. See Michigan Laws 484.1102
• Communication service: means a service capable of accessing, connecting with, or interfacing with a 9-1-1 system, exclusively through the numerals 9-1-1, by dialing, initializing, or otherwise activating the 9-1-1 system through the numerals 9-1-1 by means of a local telephone device, cellular telephone device, wireless communication device, interconnected voice over the internet device, or any other means. See Michigan Laws 484.1102
• 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.
• 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.
• crime: means that term as defined in section 2. See Michigan Laws 780.811
• Crime victim services commission: means that term as described in section 2 of 1976 PA 223, MCL 18. See Michigan Laws 780.811
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defendant: means a person charged with or convicted of having committed a serious misdemeanor against a victim. See Michigan Laws 780.811
• Delivery vessel: means a tank truck, tank equipped trailer, or a similar vessel used for the delivery of gasoline to a dispensing facility. See Michigan Laws 290.642
• Department: means the department of agriculture. See Michigan Laws 290.642
• Dependent: A person dependent for support upon another.
• Diesel fuel: means any liquid other than gasoline that is suitable for use as a fuel or a component of a fuel in a compression-ignition internal combustion diesel engine. See Michigan Laws 290.642
• Direct dispatch method: means that the agency receiving the 9-1-1 call at the public safety answering point decides on the proper action to be taken and dispatches the appropriate available public safety service unit located closest to the request for public safety service. See Michigan Laws 484.1102
• Director: means the director of the department of agriculture or his or her authorized representative. See Michigan Laws 290.642
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Dispensing facility: means a site used for gasoline refueling. See Michigan Laws 290.642
• Dispensing unit: means a device designed for the delivery of gasoline in which 1 nozzle equates to 1 dispensing unit. See Michigan Laws 290.642
• Distributor: means a person who purchases, transports, or stores or causes the transportation or storage of gasoline at any point between a gasoline refinery and a retail outlet or bulk purchaser-end user facility. See Michigan Laws 290.642
• Docket: A log containing brief entries of court proceedings.
• 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}
• Emergency telephone operational charge: means a charge allowed under section 401 for nonnetwork technical equipment and other costs directly related to the dispatch facility and the operation of 1 or more PSAPs including, but not limited to, the costs of dispatch personnel and radio equipment necessary to provide 2-way communication between PSAPs and a public safety agency. See Michigan Laws 484.1102
• Emergency telephone technical charge: means a charge as allowed under section 401 or 401d for costs directly related to 9-1-1 service including plant-related costs associated with the use of the public switched telephone network or IP-based 9-1-1 transport network from the end user to the selective router or emergency services routing proxy, the network start-up costs, customer notification costs, common network costs, administrative costs, database management costs, and network nonrecurring and recurring installation, maintenance, service, and equipment charges of a service supplier providing 9-1-1 service under this act. See Michigan Laws 484.1102
• 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.
• Exchange access facility: means the access from a particular service user's premises to the communication service. See Michigan Laws 484.1102
• 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.
• Final disposition: means the ultimate termination of the criminal prosecution of a defendant including, but not limited to, dismissal, acquittal, or imposition of a sentence by the court. See Michigan Laws 780.811
• firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t
• 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.
• 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}
• Gasoline: means a volatile mixture of liquid hydrocarbons generally containing small amounts of additives suitable for use in spark-ignition internal combustion engines, and commonly or commercially known or sold as gasoline. See Michigan Laws 290.642
• 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.
• Hydrogen fuel: means a substance containing the chemical formula H2 that exists as a colorless, odorless, and highly flammable gas except at low cryogenic temperatures or when highly compressed that is gaseous or liquefied and suitable for use in a fuel cell or hydrogen fuel vehicle. See Michigan Laws 290.642
• 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
• 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}
• 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.
• Modification: means any change, removal, or addition, other than an identical replacement, of any component contained within a stage I vapor-recovery system. See Michigan Laws 290.642
• MON: means a knock characteristic of gasoline determined by use of standard procedures on a motor engine. See Michigan Laws 290.642
• month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
• MSAG: means a perpetual database that contains information continuously provided by a service district that defines the geographic area of the service district and includes an alphabetical list of street names, the range of address numbers on each street, the names of each community in the service district, the emergency service zone of each service user, and the primary service answering point identification codes. See Michigan Laws 484.1102
• 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.
• Obligations: means bonds, notes, installment purchase contracts, or lease purchase agreements to be issued by a public agency under a law of this state. See Michigan Laws 484.1102
• Oxygenate: means an oxygen-containing, ashless, organic compound, such as alcohol or ether, that may be used as fuel or fuel supplement. See Michigan Laws 290.642
• 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, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 290.602
• Person: means an individual, organization, partnership, corporation, or governmental entity. See Michigan Laws 780.811
• Person: means an individual, sole proprietorship, partnership, corporation, association, or other legal entity. See Michigan Laws 290.642
• Person: means an individual, corporation, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 484.1102
• person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
• 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.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• Prime rate: means the average predominant prime rate quoted by not less than 3 commercial financial institutions as determined by the department of treasury. See Michigan Laws 484.1102
• Prisoner: means an individual who has been convicted and sentenced to imprisonment for having committed a serious misdemeanor against a victim. See Michigan Laws 780.811
• Private safety entity: means a nongovernmental organization that provides emergency fire, ambulance, or medical services. See Michigan Laws 484.1102
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prosecuting attorney: means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision that enacted the ordinance upon which the violation is based. See Michigan Laws 780.811
• Public agency: means a village, township, charter township, or city within the state and any special purpose district located in whole or in part within the state. See Michigan Laws 484.1102
• Public safety agency: means a functional division of a public agency, county, or the state that provides fire fighting, law enforcement, ambulance, medical, or other emergency services. See Michigan Laws 484.1102
• Refiner: means a person who owns, leases, operates, controls, or supervises a refinery. See Michigan Laws 290.642
• Refinery: means a plant at which gasoline is produced. See Michigan Laws 290.642
• Relay method: means that a PSAP notes pertinent information and relays it by a communication service to the appropriate public safety agency or other provider of emergency services that has an available emergency service unit located closest to the request for emergency service for dispatch of an emergency service unit. See Michigan Laws 484.1102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail dealer: means a person who owns, leases, operates, controls, or supervises a retail outlet. See Michigan Laws 290.642
• Retail outlet: means an establishment at which motor fuel is sold or offered for sale to the public. See Michigan Laws 290.642
• Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 290.642
• Serious misdemeanor: means 1 or more of the following: