Terms Used In Michigan Laws > Chapter 290 > Act 184 of 1994 - Michigan Ginseng Act

• 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.
• Buy: means to purchase, trade, or barter, or to offer to purchase, trade, or barter. See Michigan Laws 290.753
• Collect: means the harvest of wild ginseng. See Michigan Laws 290.753
• Collector: means a person who collects wild ginseng. See Michigan Laws 290.753
• 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.
• Cultivated ginseng: means ginseng growing or grown in managed beds under artificial or natural shade and cultivated according to recognized ginseng horticultural practices. See Michigan Laws 290.753
• Dealer: means a person who buys, collects, or otherwise acquires ginseng roots in this state for resale or trade. See Michigan Laws 290.753
• Department: means the department of agriculture. See Michigan Laws 290.753
• Director: means the director of the department of agriculture or an authorized representative of the director. See Michigan Laws 290.753
• Dry weight: means the weight in pounds and ounces of harvested or collected ginseng root that is dried and is no longer viable. See Michigan Laws 290.753
• 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.
• Ginseng: means Panaxquinquefolius L. See Michigan Laws 290.753
• Ginseng certificate: means a document issued by the department or other official agency authorized by the director that verifies the origin, quantity by weight, type, and condition of ginseng offered for inspection. See Michigan Laws 290.753
• Green weight: means the weight in pounds and ounces of freshly harvested or collected ginseng root that is not dried and is still viable. See Michigan Laws 290.753
• Grower: means a person who grows cultivated ginseng. See Michigan Laws 290.753
• Harvest: means to cut, pick, dig, root up, or gather ginseng. See Michigan Laws 290.753
• 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}
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Natural habitat: means the environment where a species exists as a natural population. See Michigan Laws 290.753
• 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, sole proprietorship, partnership, corporation, limited liability company, association, governmental entity, or other legal entity. See Michigan Laws 290.753
• 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.
• 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.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Purchaser: means a person who buys or otherwise acquires ginseng from a grower, collector, or other purchaser for resale or trade. See Michigan Laws 290.753
• Sell: means to sell, trade, or barter, or to offer to sell, trade, or barter. See Michigan Laws 290.753
• 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
• Statute: A law passed by a legislature.
• United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
• Wild ginseng: means ginseng growing or grown in an uncultivated state or harvested from its natural habitat. See Michigan Laws 290.753
• Woodsgrown ginseng: means ginseng growing or grown in managed beds under natural shade. See Michigan Laws 290.753