§ 257.1401 Definitions
§ 257.1402 Repair of defect or condition; report
§ 257.1403 Continued existence of defect or condition; replacement of motor vehicle or refund; allowance for use; reimbursement for towing costs and costs for rental vehicle; determination of ordinary and person
§ 257.1404 Other legal remedies not limited or prohibited
§ 257.1405 Informal dispute settlement procedure
§ 257.1406 Defects or conditions to which act inapplicable
§ 257.1407 Waiver of rights and remedies prohibited; recovery of costs, expenses, and attorneys’ fees
§ 257.1408 Written statement to be included with title or documentation; type size; form; accessibility to public
§ 257.1409 Applicability of act
§ 257.1410 Effective date

Terms Used In Michigan Laws > Chapter 257 > Act 87 of 1986 - New Motor Vehicle Warranties

  • Account debtor: means a person obligated on an account, chattel paper, or general intangible. See Michigan Laws 440.9102
  • accounting for: means a record that meets all of the following requirements:
  (i) Authenticated by a secured party. See Michigan Laws 440.9102
  • Accuser: means a person who signs and swears to charges, a person who directs that charges be signed and sworn to by another, or a person who has an interest other than an official interest in the prosecution of the accused. See Michigan Laws 32.1002
  • Active service: means service, including active state service and special duty required by law, regulation, or pursuant to order of the governor. See Michigan Laws 32.505
  • Active service: means service, active state service, or special duty required by law, regulation, or order of the governor. See Michigan Laws 32.1002
  • Active state duty: means the actual weekend, annual training, or special call up duty in the state military forces and includes travel to and from the duty site or station. See Michigan Laws 32.1002
  • Active state service: means military service in support of civil authorities ordered by the governor or as provided by the Michigan military act. See Michigan Laws 32.1002
  • 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.
  • Adviser: means a person who, at the request of the issuer, a confirmer, or another adviser, notifies or requests another adviser to notify the beneficiary that a letter of credit has been issued, confirmed, or amended. See Michigan Laws 440.5102
  • 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.
  • Aggrieved party: means a party entitled to resort to a remedy. See Michigan Laws 440.1201
  • Agricultural lien: means an interest, other than a security interest, in farm products that meets all of the following requirements:
  •   (i) The interest secures payment or performance of an obligation for 1 or more of the following:
      (A) Goods or services furnished in connection with a debtor's farming operation. See Michigan Laws 440.9102
  • Alcoholic liquor: means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436. See Michigan Laws 18.421
  • Allegation: something that someone says happened.
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Applicant: means a person at whose request or for whose account a letter of credit is issued. See Michigan Laws 440.5102
  • Apprehension: means the taking of a person into custody. See Michigan Laws 32.1002
  • 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
  • Armory: means a building, facility, or the lots and grounds used by an army, navy, or air unit of the national guard or organized militia as a home station or for military training. See Michigan Laws 32.505
  • 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.
  • 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.
  • Bailee: means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. See Michigan Laws 440.7102
  • Bank: means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. See Michigan Laws 440.1201
  • Bank: means an organization that is engaged in the business of banking. See Michigan Laws 440.9102
  • Bearer: means a person in control of a negotiable electronic document of title or a person in possession of an instrument, a negotiable tangible document of title, or a certificated security payable to bearer or indorsed in blank. See Michigan Laws 440.1201
  • 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
  • Beneficiary: means a person who under the terms of a letter of credit is entitled to have its complying presentation honored. See Michigan Laws 440.5102
  • Bill of lading: means a document of title evidencing the receipt of goods for shipment issued by a person engaged in the business of directly or indirectly transporting or forwarding goods. See Michigan Laws 440.1201
  • Borrower: means either of the following:
  •   (i) The city, village, township, or county operating under this act. See Michigan Laws 125.651
  • Branch: includes a separately incorporated foreign branch of a bank. See Michigan Laws 440.1201
  • Buyer in ordinary course of business: means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. See Michigan Laws 440.1201
  • Carrier: means a person that issues a bill of lading. See Michigan Laws 440.7102
  • Cash proceeds: means proceeds that are money, checks, deposit accounts, or the like. See Michigan Laws 440.9102
  • Certificate of title: means a certificate of title with respect to which a statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. See Michigan Laws 440.9102
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chattel paper: means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and software used in the goods, a security interest in specific goods and license of software used in the goods, a lease of specific goods, or a lease of specific goods and license of software used in the goods. See Michigan Laws 440.9102
  • Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Michigan Laws 552.2102
  • Child-support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See Michigan Laws 552.2102
  • citation: means a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited. See Michigan Laws 257.727c
  • Claimant: means a victim or intervenor who is injured, or any other person eligible for an award under section 4(1) or 5(1), who files a claim under this act. See Michigan Laws 18.351
  • Collateral: means the property subject to a security interest or agricultural lien. See Michigan Laws 440.9102
  • Commanding officer: includes only a commissioned officer. See Michigan Laws 32.1002
  • Commission: means the housing commission created under this act. See Michigan Laws 125.651
  • Commission: means the Hispanic/Latino commission of Michigan created in section 2. See Michigan Laws 18.301
  • Commission: means the crime victim services commission. See Michigan Laws 18.351
  • Commission: means the state commission on criminal justice created in section 2. See Michigan Laws 18.401
  • Commission: means the Michigan commission on law enforcement standards created in section 3 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 18.421
  • 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.
  • Communicate: means 1 or more of the following:
  •   (i) To send a written or other tangible record. See Michigan Laws 440.9102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Confinement: means the physical restraint of a person. See Michigan Laws 32.1002
  • Consignee: means a person named in a bill of lading to which or to whose order the bill promises delivery. See Michigan Laws 440.7102
  • Consignor: means a person named in a bill of lading as the person from which the goods have been received for shipment. See Michigan Laws 440.7102
  • Consignor: means a person that delivers goods to a consignee in a consignment. See Michigan Laws 440.9102
  • Consumer: means an individual who enters into a transaction primarily for personal, family, or household purposes. See Michigan Laws 440.1201
  • Consumer: means 1 or more of the following:
  •   (i) A person who purchases or leases a new motor vehicle for personal, family, or household use and not for the purpose of selling or leasing the new motor vehicle to another person. See Michigan Laws 257.1401
  • Consumer goods: means goods that are used or bought for use primarily for personal, family, or household purposes. See Michigan Laws 440.9102
  • Consumer obligor: means an obligor who is an individual and who incurred the obligation as part of a transaction entered into primarily for personal, family, or household purposes. See Michigan Laws 440.9102
  • Consumer transaction: means a transaction in which an individual incurs an obligation primarily for personal, family, or household purposes, a security interest secures the obligation, and the collateral is held or acquired primarily for personal, family, or household purposes. See Michigan Laws 440.9102
  • Consumer-goods transaction: means a consumer transaction in which an individual incurs an obligation primarily for personal, family, or household purposes and a security interest in consumer goods secures the obligation. See Michigan Laws 440.9102
  • Contract: A legal written agreement that becomes binding when signed.
  • Convention: means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. See Michigan Laws 552.2102
  • 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.
  • Correctional custody: means the physical restraint of a person during duty or nonduty while on active state duty and includes extra duty, fatigue duty, or hard labor. See Michigan Laws 32.1002
  • Creditor: includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate. See Michigan Laws 440.1201
  • Crime: means an act that is 1 of the following:
  •    (i) A crime under the laws of this state or the United States that causes an injury within this state. See Michigan Laws 18.351
  • Criminal justice in-service training: means a criminal justice program that includes education or training that is designed and intended to enhance the direct delivery of criminal justice services by participants who are authorized to receive education or training as provided in this act. See Michigan Laws 18.421
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dating relationship: means frequent, intimate associations primarily characterized by the expectation of affectional involvement. See Michigan Laws 18.351.amended
  • Debtor: means 1 of the following:
  •   (i) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor. See Michigan Laws 440.9102
  • Decedent: A deceased person.
  • 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.
  • Delivery: means either of the following:
  •   (i) With respect to an electronic document of title, a voluntary transfer of control. See Michigan Laws 440.1201
  • Delivery order: means a record that contains an order to deliver goods directed to a warehouseman, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading. See Michigan Laws 440.7102
  • Dependent: A person dependent for support upon another.
  • Dependent: means an individual principally dependent on another for support. See Michigan Laws 18.351.amended
  • Deposit account: means a demand, time, savings, passbook, or similar account maintained with a bank. See Michigan Laws 440.9102
  • Director: means the director of the office of Hispanic/Latino affairs. See Michigan Laws 18.301
  • Director: means the director of the office of criminal justice. See Michigan Laws 18.401
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Document: means a draft or other demand, document of title, investment security, certificate, invoice, or other record, statement, or representation of fact, law, right, or opinion that is not oral which is both of the following:
  •   (i) Presented in a written or other medium permitted by the letter of credit or, unless prohibited by the letter of credit, by the standard practice referred to in section 5108(5). See Michigan Laws 440.5102
  • Document of title: means a record that in the regular course of business or financing is treated as adequately evidencing that the person in possession or control of the record is entitled to receive, control, hold, and dispose of the record and the goods the record covers and that purports to be issued by or addressed to a bailee and to cover goods in the bailee's possession which are either identified or are fungible portions of an identified mass. See Michigan Laws 440.1201
  • Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. See Michigan Laws 552.2102
  • Electronic document of title: means a document of title evidenced by a record consisting of information stored in an electronic medium. See Michigan Laws 440.1201
  • Eligible entity: means a governmental agency of the executive branch of this state or a subdivision of this state that is established and maintained in accordance with the laws of this state and that is authorized by the laws of this state to employ or appoint law enforcement officers licensed under section 9 and 9a of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 18.421
  • Enlisted member: means a person in an enlisted grade. See Michigan Laws 32.1002
  • 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
  • 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 service: means military duty in the armed forces of the United States, including, without limitation, the army national guard of the United States and the air national guard of the United States, while subject to the uniform code of military justice, 10 USC, 801 to 946. See Michigan Laws 32.1002
  • Fiduciary: A trustee, executor, or administrator.
  • Financing statement: means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement. See Michigan Laws 440.9102
  • 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.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign country: means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and 1 or more of the following:
  •   (i) That has been declared under the law of the United States to be a foreign reciprocating country. See Michigan Laws 552.2102
  • Foreign support order: means a support order of a foreign tribunal. See Michigan Laws 552.2102
  • 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
  • Fungible goods: means either of the following:
  •   (i) Goods of which any unit, by nature or usage of trade, is the equivalent of any other like unit. See Michigan Laws 440.1201
  • Game: has the meaning given that term in part 401. See Michigan Laws 324.43504
  • Game and fish protection account: means the game and fish protection account of the Michigan conservation and recreation legacy fund provided for in section 2010. See Michigan Laws 324.43701
  • Game and fish protection account: means the game and fish protection account of the Michigan conservation and recreation legacy fund provided for in section 2010. See Michigan Laws 324.43504
  • Gas: means a mixture of hydrocarbons and nonhydrocarbons in a gaseous state which may or may not be associated with oil and includes liquids resulting from the condensation of those hydrocarbons and nonhydrocarbons. See Michigan Laws 324.43701
  • Genuine: means free of forgery or counterfeiting. See Michigan Laws 440.1201
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: except as otherwise provided in article 5, means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Michigan Laws 440.1201
  • Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Michigan Laws 440.7102
  • Goods: means all things that are movable when a security interest attaches. See Michigan Laws 440.9102
  • Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See Michigan Laws 440.7102
  • Grade: means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or rule. See Michigan Laws 32.1002
  • Grant awards: means funds paid to grantees from the Michigan justice training fund as provided in this act. See Michigan Laws 18.421
  • Grantee: means an entity eligible to receive grant awards from the Michigan justice training fund, including any of the following or a combination of any of the following:
  •   (i) An agency, department, division, bureau, board, commission, council, or authority of this state or of a city, village, township, or county. See Michigan Laws 18.421
  • 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.
  • Holder: means any of the following:
  •   (i) A person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession. See Michigan Laws 440.1201
  • Household member: means an individual who resides in the same dwelling unit as a victim or intervenor. See Michigan Laws 18.351.amended
  • 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
  • Income-withholding order: means an order or other legal process directed to an obligor's employer or other debtor, as defined by the support and parenting time enforcement act, 1982 PA 295, MCL 552. See Michigan Laws 552.2102
  • 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
  • Intervenor: means a person who goes to the aid of one who has become a victim of a crime and who suffers personal physical injury. See Michigan Laws 18.351
  • Issuer: means a bank or other person that issues a letter of credit, but does not include an individual who makes an engagement for personal, family, or household purposes. See Michigan Laws 440.5102
  • Issuer: means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. See Michigan Laws 440.7102
  • Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Michigan Laws 552.2102
  • Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Michigan Laws 552.2102
  • Judge advocate: means an officer who is designated as a judge advocate by the state judge advocate general. See Michigan Laws 32.1002
  • Juror: A person who is on the jury.
  • Law: includes decisional and statutory law and rules and regulations having the force of law. See Michigan Laws 552.2102
  • Law enforcement agency: means an entity that is established and maintained in accordance with the laws of this state and that is authorized by the laws of this state to appoint or employ law enforcement officers. See Michigan Laws 18.421
  • Law enforcement distribution: means funds paid to eligible entities as provided in this act. See Michigan Laws 18.421
  • 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
  • Lease price: means the actual vehicle sales price paid by the lessor including any cash payment by the consumer and the sum equal to any allowance for any trade-in but excludes debt from any other transaction as well as any manufacturer to consumer discount, rebate, or incentive appearing in the agreement or contract that the consumer received or that was applied to reduce the purchase or lease cost. See Michigan Laws 257.1401
  • Legacy: A gift of property made by will.
  • Lessee: means a person who, under a lease, acquires the right to possession and use of a new motor vehicle. See Michigan Laws 257.1401
  • Lessor: means a person who, under a lease, transfers the right to possession and use of a new motor vehicle. See Michigan Laws 257.1401
  • Letter of credit: means a definite undertaking that satisfies the requirements of section 5104 by an issuer to a beneficiary at the request or for the account of an applicant or, in the case of a financial institution, to itself or for its own account, to honor a documentary presentation by payment or delivery of an item of value. See Michigan Laws 440.5102
  • 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.
  • Majority leader: see Floor Leaders
  • Manufacturer: means a person who manufactures, assembles, or is a distributor of new motor vehicles and includes an agent of a manufacturer but does not include a new motor vehicle dealer. See Michigan Laws 257.1401
  • MCOLES information and tracking network: means the commission's web-enabled information system for the licensing, reporting, and tracking of personnel and training records for Michigan law enforcement officers. See Michigan Laws 18.421
  • Michigan justice training fund: means the Michigan justice training fund created in this act. See Michigan Laws 18.421
  • Michigan national guard: means the army national guard and the air national guard. See Michigan Laws 32.505
  • Military: means a reference to all components of the state military establishment. See Michigan Laws 32.505
  • Military: includes each armed force of the United States and each component of the state military establishment. See Michigan Laws 32.1002
  • Military establishment: means the organized militia of this state, including the employees and equipment assigned or necessary to carry out the provisions of this act. See Michigan Laws 32.505
  • Military judge: means a judge advocate designated as a military judge by the state judge advocate general or an official of a general or special court-martial appointed pursuant to section 26. See Michigan Laws 32.1002
  • Mineral: means an inorganic substance that can be extracted from the earth, except for oil or gas, and includes rock, metal ores, and mineral water. See Michigan Laws 324.43701
  • Minor offense: means an offense under a punitive section of this act that a commanding officer considers minor. See Michigan Laws 32.1002
  • Minority leader: See Floor Leaders
  • Mobile home: means a factory assembled portable structure designed or used for year-round residence purposes, designed and built to be towed on its own chassis, connected to utilities, and installed on a homesite with or without a permanent foundation. See Michigan Laws 125.771
  • Money: means a medium of exchange authorized or adopted by a domestic or foreign government. See Michigan Laws 440.1201
  • 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
  • Mortgage: means a consensual interest in real property, including fixtures, which secures payment or performance of an obligation. See Michigan Laws 440.9102
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor home: means an automotive vehicle built on a truck or bus chassis and equipped as a self-contained traveling home. See Michigan Laws 125.771
  • Motor vehicle: means a motor vehicle as defined in section 33 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 257.1401
  • motor vehicle liability policy: as used in this chapter , shall mean an owner's or an operator's policy of liability insurance, certified as provided in section 518 or section 519 as proof of financial responsibility, and issued, except as otherwise provided in section 519, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured. See Michigan Laws 257.520
  • New motor vehicle: means a motor vehicle that is purchased or leased in this state or purchased or leased by a resident of this state and is covered by a manufacturer's express warranty at the time of purchase or lease. See Michigan Laws 257.1401
  • New motor vehicle dealer: means a person or that person's agent who holds a dealer agreement for the sale of new motor vehicles, who is engaged in the business of purchasing, leasing, selling, exchanging, or dealing in new motor vehicles, and who has an established place of business in this state. See Michigan Laws 257.1401
  • Nominated person: means both of the following:
  •   (i) A person whom the issuer designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit. See Michigan Laws 440.5102
  • Noncash proceeds: means proceeds other than cash proceeds. See Michigan Laws 440.9102
  • Nongame fish and wildlife: means fish or wild animals that are unconfined and not ordinarily taken for sport, fur, or food, and the habitat that supports them. See Michigan Laws 324.43901
  • 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.
  • Obligee: means 1 or more of the following:
  •   (i) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued. See Michigan Laws 552.2102
  • Obligor: means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral, owes payment or other performance of the obligation, has provided property other than the collateral to secure payment or other performance of the obligation, or is otherwise accountable in whole or in part for payment or other performance of the obligation. See Michigan Laws 440.9102
  • Obligor: means an individual about whom 1 of the following is true, or the estate of a decedent about whom 1 of the following was true before the individual's death:
  •   (i) Owes or is alleged to owe a duty of support. See Michigan Laws 552.2102
  • Office: means the office of Hispanic/Latino affairs as created in section 4. See Michigan Laws 18.301
  • Office: means the office of criminal justice created in section 3. See Michigan Laws 18.401
  • Officer: means a commissioned officer and a warrant officer, unless a distinction between commissioned officer and warrant officer is clearly evident. See Michigan Laws 32.505
  • Officer: means a commissioned or warrant officer. See Michigan Laws 32.1002
  • Oil: means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the underground reservoir. See Michigan Laws 324.43701
  • Ordinance: means either of the following:
  •   (i) An ordinance of a city, village, township, or county. See Michigan Laws 125.651
  • Other services necessary: means recognized medical treatment, convalescent aids, supplies, and other equipment needed by the victim because of physical incapacity sustained as a direct result of the crime. See Michigan Laws 18.351.amended
  • Out-of-pocket loss: means the unreimbursed and unreimbursable expenses or indebtedness reasonably incurred for medical care, psychological counseling, replacement services, any nonmedical remedial treatment rendered in accordance with a recognized religious method of healing, or other services necessary as a result of the injury upon which a claim is based. See Michigan Laws 18.351
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Michigan Laws 440.1201
  • Person: means a natural person, a sole proprietorship, partnership, corporation, association, unit or agency of government, trust, estate, or other legal entity. See Michigan Laws 257.1401
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
  • Personal injury: means either of the following injuries:
  •   (i) Actual bodily harm, including pregnancy or death. See Michigan Laws 18.351.amended
  • Personal physical injury: means actual bodily harm and includes pregnancy. See Michigan Laws 18.351
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means a comprehensive adult or juvenile justice plan developed under federal or state law requirements. See Michigan Laws 18.401
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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.
  • Presentation: means delivery of a document to an issuer or nominated person for honor or giving of value under a letter of credit. See Michigan Laws 440.5102
  • 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
  • Presenter: means a person making a presentation as or on behalf of a beneficiary or nominated person. See Michigan Laws 440.5102
  • 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.
  • Proceeds: means , except as used in section 9609(2), 1 or more of the following property:
  •   (i) Whatever is acquired upon the sale, lease, license, exchange, or other disposition of collateral. See Michigan Laws 440.9102
  • Proposal: means a record authenticated by a secured party which includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to sections 9620, 9621, and 9622. See Michigan Laws 440.9102
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Purchase: means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. See Michigan Laws 440.1201
  • Purchase price: means the actual vehicle sales price listed on the buyer's order including any cash payment by the consumer and the sum equal to any allowance for any trade-in but excludes debt from any other transaction as well as any manufacturer to consumer discount, rebate, or incentive appearing in the agreement or contract that the consumer received or that was applied to reduce the purchase cost. See Michigan Laws 257.1401
  • Purchaser: means a person that takes by purchase. See Michigan Laws 440.1201
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 440.1201
  • Record: means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 440.5102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 552.2102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 440.7102
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Recreational vehicle: means a transportable structure which is used for camping or casual travel. See Michigan Laws 125.771
  • Register: means to record in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country. See Michigan Laws 552.2102
  • Registering tribunal: means a tribunal in which a support order or judgment determining parentage of a child is registered. See Michigan Laws 552.2102
  • 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.
  • Replacement services: means homemaking tasks, child care, transportation, and other services previously performed by the victim that, because of the victim's injury, must temporarily or permanently be performed by a person other than the victim. See Michigan Laws 18.351
  • Representative: means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate. See Michigan Laws 440.1201
  • Resident: means either of the following:
  •   (i) A person who resides in a settled or permanent home or domicile within the boundaries of this state with the intention of remaining in this state. See Michigan Laws 324.44101
  • Resident of this state: means as follows:
  •   (i) For an individual, an individual who is a legal resident of this state. See Michigan Laws 257.1401
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right: includes remedy. See Michigan Laws 440.1201
  • Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301
  • Secondary obligor: means an obligor to the extent that the obligor's obligation is secondary or the obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either. See Michigan Laws 440.9102
  • Secured party: means 1 or more of the following:
  •   (i) A person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding. See Michigan Laws 440.9102
  • Security agreement: means an agreement that creates or provides for a security interest. See Michigan Laws 440.9102
  • Security interest: means an interest in personal property or fixtures which secures payment or performance of an obligation. See Michigan Laws 440.1201
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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
  • Shipper: means a person that enters into a contract of transportation with a carrier. See Michigan Laws 440.7102
  • Signed: includes any symbol executed or adopted by a party with present intention to adopt or accept a writing. See Michigan Laws 440.1201
  • Special duty: means military service in support of the full-time operation of the state military establishment for a period of not less than 1 day if ordered by competent authority. See Michigan Laws 32.505
  • Staff judge advocate: means the commissioned officer responsible for supervising the administration of military justice within a command. See Michigan Laws 32.1002
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 440.1201
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 552.2102
  • State judge advocate general: means the commissioned officer responsible for supervising the administration of the military justice in the state military forces. See Michigan Laws 32.1002
  • State military forces: means the national guard of the state, as defined in 32 USC 101(3), and any other military force organized under the laws of the state. See Michigan Laws 32.1002
  • 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 324.60101
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Support: means actual monetary payments made by a victim or intervenor to or for a person principally dependent on the victim or intervenor. See Michigan Laws 18.351
  • Support enforcement agency: means a public official or governmental entity or private agency authorized to do 1 or more of the following:
  •   (i) Seek enforcement of support orders or laws relating to the duty of support. See Michigan Laws 552.2102
  • Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, that provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See Michigan Laws 552.2102
  • Tangible document of title: means a document of title evidenced by a record consisting of information that is inscribed on a tangible medium. See Michigan Laws 440.1201
  • Term: means a portion of an agreement that relates to a particular matter. See Michigan Laws 440.1201
  • Termination statement: means an amendment of a financing statement that identifies, by its file number, the initial financing statement to which it relates and indicates either that it is a termination statement or that the identified financing statement is no longer effective. See Michigan Laws 440.9102
  • Testify: Answer questions in court.
  • 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.
  • Township: means a township having a population over 100. See Michigan Laws 125.651
  • 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.
  • Tribunal: means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Michigan Laws 552.2102
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust fund: means the Michigan game and fish protection trust fund established in section 41 of article IX of the state constitution of 1963 and provided for in section 43702. See Michigan Laws 324.43701
  • Trust fund: means the Michigan nongame fish and wildlife trust fund established in section 42 of article IX of the state constitution of 1963 and provided for in section 43902. See Michigan Laws 324.43901
  • Trust fund: means the game and fish lifetime license trust fund created in section 44104. See Michigan Laws 324.44101
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unit: means a regularly organized body of the military that is not larger than a company or squadron. See Michigan Laws 32.1002
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Victim: means a person who suffers a personal physical injury as a direct result of a crime. See Michigan Laws 18.351
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Victim services organization: means an organization or agency that has a documented history of providing services to address issues arising from victimization to victims or to family members or household members of victims. See Michigan Laws 18.351.amended
  • Vital resource: means a public or private building, facility, property, or location that the governor considers necessary to protect the public health, safety, and welfare of the citizens of this state. See Michigan Laws 32.505
  • Warehouse: means a person engaged in the business of storing goods for hire. See Michigan Laws 440.7102
  • Warehouse receipt: means a document of title issued by a person engaged in the business of storing goods for hire. See Michigan Laws 440.1201
  • Wildlife and fisheries: includes any member of the wild animal kingdom, including any mammal, bird, fish, reptile, amphibian, or invertebrate found in this state at any point in its natural life cycle. See Michigan Laws 324.43504
  • writing: includes printing, typewriting, or any other intentional reduction to tangible form. See Michigan Laws 440.1201