Michigan Laws > Chapter 38 > Act 370 of 1941 – County Employees’ Civil Service System
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws > Chapter 38 > Act 370 of 1941 - County Employees' Civil Service System
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- 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.
- Affiliated provider: means a health professional, licensed hospital, licensed pharmacy, or other person that has entered into a participating provider contract, directly or indirectly, with a health maintenance organization to render 1 or more health services to an enrollee. See Michigan Laws 500.3400
- 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.
- Amortization: Paying off a loan by regular installments.
- 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.
- 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.
- 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
- 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.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Authority: means the Michigan state housing development authority created in this act. See Michigan Laws 125.1411
- Automobile insurance: means that term as defined in section 2102. See Michigan Laws 500.3101
- Automobile insurance: means insurance for automobiles which provides any of the following:
(i) Security required pursuant to section 3101. See Michigan Laws 500.3303Bankruptcy: 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. Bequest: Property gifted by will. Career and technical preparation program: means a program that teaches a trade, occupation, or vocation and that is operated by an eligible postsecondary educational institution located in this state. See Michigan Laws 388.1903 Case law: The law as laid down in cases that have been decided in the decisions of the courts. Child development course work: means child development course work, early childhood course work, child psychology course work, or any combination thereof. See Michigan Laws 388.1021 Commercial quadricycle: means a vehicle to which all of the following apply:
(i) The vehicle has fully operative pedals for propulsion entirely by human power. See Michigan Laws 500.3101Commissioner: means the director. See Michigan Laws 500.102 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. Community college: means a community college established under the community college act of 1966, 1966 PA 331, MCL 389. See Michigan Laws 388.1903 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Computed millage: means the number of mills in any year, not less than 7 mills and not more than 13 mills, determined on the date of issuance of the order qualifying the bonds or on a later date if requested by the school district and approved by the state treasurer, that, if levied by the school district, will generate sufficient annual proceeds to pay principal and interest on all the school district's qualified bonds plus principal and interest on all qualified loans related to those qualified bonds no later than the final mandatory repayment date. See Michigan Laws 388.1923 Consumer housing cooperative: means a nonprofit corporation incorporated pursuant to the corporation laws of this state and chapter 5. See Michigan Laws 125.1411 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. County: means a county within this state. See Michigan Laws 125.1411 Covered information: means personally identifiable information or material in any media or format that is any of the following:
(i) Created by or provided to an operator by a student, or the student's parent or legal guardian, in the course of the student's, parent's, or legal guardian's use of the operator's site, service, or application for K-12 school purposes. See Michigan Laws 388.1293Damages: 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. Department: means the department of education. See Michigan Laws 388.1903 Department: means the department of education. See Michigan Laws 388.1951 Department: means the department of insurance and financial services. See Michigan Laws 500.102 Dependent: A person dependent for support upon another. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Designated recipient: means an individual who is enrolled in, and in good standing at, as determined by the program, a graduate-level mental health professional program maintained by an institution of higher education located in this state or out-of-state, which includes a department-approved school counselor education or preparation program maintained by an institution of higher education located in this state or out-of-state, school social worker education or preparation program maintained by an institution of higher education located in this state or out-of-state, or school psychology education or preparation program maintained by an institution of higher education located in this state or out-of-state that offers designations, a focus, or special certifications in the provision of school mental health services, and who is working toward obtaining any of the following:
(i) A preliminary school psychologist certificate issued by the department under R 380. See Michigan Laws 388.1951Devise: To gift property by will. Director: means , unless the context clearly implies a different meaning, the director of the department. See Michigan Laws 500.102 Disability insurance policy: includes an insurance policy or insurance contract that insures against loss resulting from sickness or from bodily injury or death by accident, or both, including also the granting of specific hospital benefits and medical, surgical, and sick-care benefits to an individual, family, or group, subject to the exclusions provided in this section. See Michigan Laws 500.3400 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Donor: The person who makes a gift. Electric bicycle: means that term as defined in section 13e of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 500.3101 Eligible charges: means tuition and mandatory course fees, material fees, and registration fees required by a career and technical preparation program for enrollment in an eligible course. See Michigan Laws 388.1903 Eligible course: means a course offered by a career and technical preparation program that is offered for postsecondary credit or is part of a noncredit occupational training program leading to an industry-recognized credential; that is not offered through the school district, intermediate school district, area vocational-technical education program, or state approved nonpublic school in which the eligible student is enrolled, or that is offered through the school district, intermediate school district, area vocational-technical education program, or state approved nonpublic school but is determined by its governing board to not be available to the eligible student because of a scheduling conflict beyond the eligible student's control; that is a career and technical preparation course not ordinarily taken as an activity course; that is a course that the career and technical preparation program normally applies toward satisfaction of certificate, degree, or program completion requirements; that is offered in whole or in part when the school district or state approved nonpublic school is in session or, if approved by the school district or state approved nonpublic school, that is offered in whole when the school district or state approved nonpublic school is not in session; and that is not a hobby, craft, or recreational course. See Michigan Laws 388.1903 Eligible postsecondary educational institution: means a state university, community college, or independent nonprofit degree-granting college or university that is located in this state and that chooses to comply with this act. See Michigan Laws 388.1903 Eligible student: means a student enrolled in a high school in a school district or state approved nonpublic school in this state, except a foreign exchange pupil enrolled under a cultural exchange program or a student who does not have at least 1 parent or legal guardian who is a resident of this state. See Michigan Laws 388.1903 Enrollee: means an individual who is entitled to receive health services under a health insurance contract, unless the context requires otherwise. See Michigan Laws 500.116 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 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 Facility: means the automobile insurance placement facility created pursuant to this chapter. See Michigan Laws 500.3303 Final mandatory repayment date: means the final mandatory repayment date determined by the state treasurer under section 9. See Michigan Laws 388.1923 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 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. Golf cart: means a vehicle designed for transportation while playing the game of golf. See Michigan Laws 500.3101 grant program: means the student mental health apprenticeship retention and training (SMART) internship grant program created in section 3. See Michigan Laws 388.1951 group disability insurance: means voluntary disability insurance that covers 2 or more employees or members, with or without their eligible dependents, written under a master policy issued to a governmental corporation, unit, agency, or department of a governmental entity, to a corporation, copartnership, or individual employer, or, on application of an executive officer or trustee of the association, to an association that has a constitution or bylaws and that is formed in good faith for purposes other than that of obtaining insurance, and under which officers, members, employees, or classes or departments of the association may be insured for their individual benefit. See Michigan Laws 500.607 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. Health insurance policy: means an expense-incurred hospital, medical, or surgical policy, certificate, or contract. See Michigan Laws 500.608 Health maintenance organization: means that term as defined in section 3501. See Michigan Laws 500.106 Highway: means highway or street as that term is defined in section 20 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 500.3101 Housing project: means any of the following:
(i) Residential real property developed or to be developed or receiving benefits under this act. See Michigan Laws 125.1411in 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 Inspection bureau: means an organization designated by the commissioner to act as the inspection bureau. See Michigan Laws 500.2901 insurance contract: means a contract of insurance, indemnity, suretyship, or annuity issued or proposed or intended for issuance by a person engaged in the business of insurance. See Michigan Laws 500.116 insured: as used in this chapter , shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits and rights provided therein. See Michigan Laws 500.3462 insurer: as used in this chapter , includes a person that files the security as provided in this section. See Michigan Laws 500.3101 Insurer: means an individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyds organization, fraternal benefit society, or other legal entity, engaged or attempting to engage in the business of making insurance or surety contracts. See Michigan Laws 500.106 Interactive computer service: means that term as defined in 47 USC 230. See Michigan Laws 388.1293 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 Intermediate school district: means that term as defined in section 4 of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 388.1903 Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation. 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. Limited dividend housing corporation: means a corporation incorporated or qualified pursuant to the corporation laws of this state and chapter 6 and a limited dividend housing association organized and qualified pursuant to chapter 7. See Michigan Laws 125.1411 managed care option: means an optional coverage selected by an insured at the time a policy is issued that includes, but is not limited to, the monitoring and adjudication of an injured person's care, the use of a preferred provider program or other network, or other similar option. See Michigan Laws 500.3181 Manufacturer: means a person that prepares, produces, derives, propagates, compounds, processes, packages, or repackages a drug or device salable on prescription only, or otherwise changes the container or the labeling of a drug or device salable on prescription only, and that supplies, distributes, sells, offers for sale, barters, or otherwise disposes of that drug or device and any other drug or device salable on prescription only, to another person for resale, compounding, or dispensing. See Michigan Laws 333.17706 Michigan election law: means the Michigan election law, 1954 PA 116, MCL 168. See Michigan Laws 389.105 Michigan finance authority: means the Michigan finance authority created under Executive Reorganization Order No. See Michigan Laws 388.1923 Michigan merit examination: means that examination developed under section 1279g of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 388.1903 Mobile home: means a structure, transportable in 1 or more sections, that is built on a chassis and is designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. See Michigan Laws 125.1411 Mobile home park: means a parcel or tract of land under the control of a person or entity upon which 3 or more mobile homes are located on a continual, nonrecreational, residential basis and that is offered to the public for general public use for continual, nonrecreational, residential purposes regardless of whether a charge is made for that use, together with any social, recreational, commercial, and communal facilities used or intended for use incident to the occupancy of a mobile home. See Michigan Laws 125.1411 Mobile home park corporation: means a corporation incorporated pursuant to the corporation laws of this state and qualified in accordance with chapter 8. See Michigan Laws 125.1411 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 Moped: means that term as defined in section 32b of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 500.3101 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Motor vehicle: means a vehicle, including a trailer, that is operated or designed for operation on a public highway by power other than muscular power and has more than 2 wheels. See Michigan Laws 500.3101 Motor vehicle accident: means a loss that involves the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle regardless of whether the accident also involves the ownership, operation, maintenance, or use of a motorcycle as a motorcycle. See Michigan Laws 500.3101 Motorcycle: means a vehicle that has a saddle or seat for the use of the rider, is designed to travel on not more than 3 wheels in contact with the ground, and is equipped with a motor that exceeds 50 cubic centimeters piston displacement. See Michigan Laws 500.3101 Motorcycle accident: means a loss that involves the ownership, operation, maintenance, or use of a motorcycle as a motorcycle, but does not involve the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle. See Michigan Laws 500.3101 Oath: A promise to tell the truth. oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k 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. Operator: means , to the extent that it is operating in this capacity, the operator of an Internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K-12 school purposes and was designed and marketed for K-12 school purposes. See Michigan Laws 388.1293 ORV: means a motor-driven recreation vehicle designed for off-road use and capable of cross-country travel without benefit of road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. See Michigan Laws 500.3101 Oversight: Committee review of the activities of a Federal agency or program. Owner: means any of the following:
(i) A person renting a motor vehicle or having the use of a motor vehicle, under a lease or otherwise, for a period that is greater than 30 days. See Michigan Laws 500.3101Parent cooperative preschool: means a nonprofit, nondiscriminatory institution, maintained as a community service and administered by parents of children currently enrolled in the preschool, which institution provides an educational and developmental program for children younger than compulsory school age and which provides an educational program for parents, including active parental participation with children in preschool activities. See Michigan Laws 388.1021 Participating member: means an insurer who is required by this chapter to be a member of the facility and who in any given calendar year has a participation ratio greater than zero in the facility for that year. See Michigan Laws 500.3303 Participating provider: means a provider that, under contract with an insurer that issues policies of health insurance or with such an insurer's contractor or subcontractor, has agreed to provide health care services to covered individuals and to accept payment by the insurer, contractor, or subcontractor for covered services as payment in full, other than coinsurance, copayments, or deductibles. See Michigan Laws 500.116 Participation ratio: means the ratio of the participating member's Michigan premiums or exposure units to the comparable statewide totals for all participating members, as follows:
(i) For private passenger nonfleet automobile insurance, for distribution of risk or distribution of loss, the ratio shall be based on voluntary net direct automobile insurance car years written in this state for the calendar year ending December 31 of the second prior year as reported to the statistical agent of each participating member as private passenger nonfleet exposure. See Michigan Laws 500.3303Partnership: 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: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. Power-driven mobility device: means a wheelchair or other mobility device powered by a battery, fuel, or other engine and designed to be used by an individual with a mobility disability for the purpose of locomotion. See Michigan Laws 500.3101 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. Private passenger nonfleet automobile: means a motorized vehicle designed for transporting passengers or goods, subject to specific contemporary definitions for insurance purposes as provided in the plan of operation. See Michigan Laws 500.3303 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. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public school: means that term as defined in section 5 of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 388.1951 Qualified bond: means a bond that is qualified under this act for state loans as provided in section 16 of article IX of the state constitution of 1963. See Michigan Laws 388.1923 Qualified loan: means a loan made under this act or former 1961 PA 108 from this state to a school district to pay debt service on a qualified bond. See Michigan Laws 388.1923 Qualifying score: means a score on a readiness assessment or on a nationally or industry-recognized job skills assessment test that has been determined by the superintendent of public instruction to indicate readiness to enroll in a course under this act. See Michigan Laws 388.1903 Quorum: The number of legislators that must be present to do business. Rate: means the cost of insurance per payroll before adjustment for an individual insured's size, exposure, or loss experience. See Michigan Laws 500.2402 Readiness assessment: means assessment instruments that are aligned with state learning standards; that are used nationally to provide high school students with an early indication of college readiness proficiency in English, mathematics, reading, social studies, and science and may contain a comprehensive career planning program; and that are approved by the superintendent of public instruction for the purposes of this act. See Michigan Laws 388.1903 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. 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. Revolving loan fund: means the school loan revolving fund created under section 16c of the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 388.1923 School district: means a school district, intermediate school district, or public school academy, as those terms are defined in the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 388.1293 School district: means that term as defined in section 6 of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 388.1903 School district: means a general powers school district organized under the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 388.1923 School fiscal year: means a fiscal year that commences July 1 and continues through June 30. See Michigan Laws 388.1951 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nService provider: means a person or entity that provides a service that enables users to access content, information, electronic mail, or other services offered over the Internet or a computer network. See Michigan Laws 388.1293 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. shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o State approved nonpublic school: means that term as defined in section 6 of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 388.1903 State treasurer: means the state treasurer or his or her duly authorized designee. See Michigan Laws 388.1923 State university: means a state institution of higher education described in section 4, 5, or 6 of article VIII of the state constitution of 1963. See Michigan Laws 388.1903 State university: means a state university described in section 4, 5, or 6 of article VIII of the state constitution of 1963. See Michigan Laws 388.1951 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. subscriber: means an individual who enters into an insurance contract for health insurance, or on whose behalf an insurance contract for health insurance is entered into, with an insurer. See Michigan Laws 500.116 Superintendent of public instruction: means the superintendent of public instruction described in section 3 of article VIII of the state constitution of 1963. See Michigan Laws 388.1951 supervisor: means an individual who supervises an eligible designated recipient defined in section 3(2) and to whom the following apply, as applicable:
(i) For an individual who is supervising, as described in this subdivision, a designated recipient who is working toward obtaining a preliminary school psychologist certificate described in subdivision (c)(i) or (ii) or a school psychologist certificate described in subdivision (c)(iii), the individual providing supervision maintains a school psychologist certificate described in subdivision (c)(iii) during the supervision. See Michigan Laws 388.1951Supportive housing property: means property that meets all of the following requirements:
(i) Is owned by an organization exempt under section 501(c)(3) of the internal revenue code, 26 USC 501, or by a nonprofit housing corporation organized under chapter 4. See Michigan Laws 125.1459Targeted advertising: means presenting an advertisement to a student where the advertisement is selected based on information obtained or inferred from that student's online behavior, usage of applications, or covered information. See Michigan Laws 388.1293 Taxable value: means the value determined under section 27a of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 388.1923 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. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Uphold: The decision of an appellate court not to reverse a lower court decision. Writ: A formal written command, issued from the court, requiring the performance of a specific act.