Michigan Laws > Chapter 32 > Act 523 of 1980


§ 32.1001	Short title
§ 32.1002	Definitions
§ 32.1003	Applicability; convening and holding courts-martial and courts of inquiry out of state; offenses committed out of state; trial and punishment
§ 32.1004	Relieving person from trial by court-martial; limitation; trial by court-martial of person charged with fraudulently obtaining discharge; effect of conviction
§ 32.1005	Application by dismissed officer for trial by court-martial; convening general court-martial; jurisdiction; waiver of right to plead statute of limitations; affirming dismissal; substituting discharge
§ 32.1006	State judge advocate general and assistants or legal officers; appointment; eligibility; inspections; communications; person acting in court-martial case prohibited from acting as staff judge advocate

Terms Used In Michigan Laws > Chapter 32 > Act 523 of 1980 > Article 1

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
Adulterated product: means a product that contains any deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use that may be necessary to protect plant life, animals, humans, aquatic life, soil, or water are not shown on the label. See Michigan Laws 324.8501
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.
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Agreement: means a written agreement between 1 or more law enforcement agencies in this state and at least 1 law enforcement agency in a physically adjacent state. See Michigan Laws 3.731
Agricultural use: means that term as defined in section 36101. See Michigan Laws 324.8501
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
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.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appraisal: A determination of property value.
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
Aquifer: means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs. See Michigan Laws 324.8501
Aquifer sensitivity: means a hydrogeologic function representing the inherent abilities of materials surrounding the aquifer to attenuate the movement of nitrogen fertilizers into that aquifer. See Michigan Laws 324.8501
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.
Authority: means a base conversion authority as provided for in this act. See Michigan Laws 3.571
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.
Base: means a federal military installation on the final list of base or facility closures submitted by the base realignment and closure commission to the president of the United States and subsequently approved by congress. See Michigan Laws 3.571
Biosolids: means a product consisting in whole or in part of sewage sludge that is distributed to the public and that is disinfected by means of composting, pasteurization, wet air oxidation, heat treatment, or other means. See Michigan Laws 324.8501
Brand or product name: means a term, design, or trademark used in connection with 1 or more grades of fertilizer. See Michigan Laws 324.8501
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.
Commanding officer: includes only a commissioned officer. See Michigan Laws 32.1002
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
Commission: means the Michigan superconducting super collider commission created in section 4. See Michigan Laws 3.813
Commission: means the commission of natural resources. See Michigan Laws 324.301
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
Contiguity: means in close proximity, touching, or near. See Michigan Laws 3.813
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.
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
Custom blend: means a fertilizer blended according to specifications provided to a blender in a soil test nutrient recommendation or blended as specifically requested by the consumer prior to blending. See Michigan Laws 324.8501
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the department of agriculture and rural development. See Michigan Laws 324.8501
Department: means the department of commerce. See Michigan Laws 3.571
Department: means the department of commerce. See Michigan Laws 3.813
Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301
Dependent: A person dependent for support upon another.
Director: means the director of the department or his or her designee. See Michigan Laws 324.8501
Director: means the director of the department of natural resources. See Michigan Laws 324.301
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Distribute: means to import, consign, sell, barter, offer for sale, solicit orders for sale, or otherwise supply fertilizer for sale or use in this state. See Michigan Laws 324.8501
Distributor: means any person who distributes fertilizer for sale or use in this state. See Michigan Laws 324.8501
Donor: The person who makes a gift.
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
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.
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
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fertilizer: means a substance containing 1 or more recognized plant nutrients, which substance is used for its plant nutrient content and which is designed for use, or claimed to have value, in promoting plant growth. See Michigan Laws 324.8501
Fertilizer material: means a fertilizer to which 1 or more of the following apply:

(i) Contains not more than 1 of the following as primary nutrients:

(A) Total nitrogen (N). See Michigan Laws 324.8501

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

Fraud: Intentional deception resulting in injury to another.

Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}

Fund: means the fertilizer control fund created under section 8514. See Michigan Laws 324.8501

Grade: means the percentage guarantee of total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O), of a fertilizer. See Michigan Laws 324.8501

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

Groundwater: means underground water within the zone of saturation. See Michigan Laws 324.8501

Guaranteed analysis: means the minimum percentage of each plant nutrient guaranteed or claimed to be present. See Michigan Laws 324.8501

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.

Impervious surface: means a paved highway, street, sidewalk, parking lot, driveway, or other outdoor structure that prevents infiltration of water into the soil. See Michigan Laws 324.8501

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

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

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.

Judge advocate: means an officer who is designated as a judge advocate by the state judge advocate general. See Michigan Laws 32.1002

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.

Label: means any written, printed, or graphic matter on or attached to packaged fertilizer or used to identify fertilizer distributed in bulk or held in bulk storage. See Michigan Laws 324.8501

Labeling: means all labels and other written, printed, electronic, or graphic matter upon or accompanying any fertilizer at any time, and includes advertising, sales literature, brochures, posters, and internet, television, and radio announcements used in promoting the sale of that fertilizer. See Michigan Laws 324.8501

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 agency: means a police or sheriff's department that has the authority to enforce the general criminal laws of this state or a similar governmental organization of a physically adjacent state. See Michigan Laws 3.731

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}

Legacy: A gift of property made by will.

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Licensee: means the person who receives a license to manufacture or distribute fertilizers under this part. See Michigan Laws 324.8501

Lien: A claim against real or personal property in satisfaction of a debt.

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Local government: means a city, village, township, county, a local or intermediate school district, a community college district, or any special taxing district. See Michigan Laws 3.813

local unit: means a municipality or county. See Michigan Laws 324.301

Lot: means an identifiable quantity of fertilizer that can be sampled officially according to methods adopted under section 8510, that is contained in a single vehicle, or that is delivered under a single invoice. See Michigan Laws 324.8501

Majority leader: see Floor Leaders

Manipulated manure: means animal or vegetable manure that is ground, pelletized, mechanically dried, packaged, supplemented with plant nutrients or other substances other than phosphorus, or otherwise treated in a manner to assist with the sale or distribution of the manure as a fertilizer or soil or plant additive. See Michigan Laws 324.8501

Manufacture: means to process, granulate, compound, produce, mix, blend, or alter the composition of fertilizer or fertilizer materials. See Michigan Laws 324.8501

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

Military: includes each armed force of the United States and each component of the state military establishment. See Michigan Laws 32.1002

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

Minority leader: See Floor Leaders

Mixed fertilizer: means a fertilizer containing any combination or mixture of fertilizer materials. See Michigan Laws 324.8501a

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: The written agreement pledging property to a creditor as collateral for a loan.

Municipality: means a city, village, or township. See Michigan Laws 324.301

Natural fertilizer: means a substance composed only of natural organic, natural inorganic, or both types of fertilizer materials and natural fillers. See Michigan Laws 324.8501

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.

Officer: means the village president, clerk, or treasurer, a village trustee, or an appointed person authorized by the council. See Michigan Laws 61.1a

Officer: means a commissioned or warrant officer. See Michigan Laws 32.1002

Ombudsman: means the superconducting super collider ombudsman created in section 19. See Michigan Laws 3.813

Order: means a cease and desist order issued under section 8511. See Michigan Laws 324.8501a

Oversight: Committee review of the activities of a Federal agency or program.

packaged: means any type of product regulated by this part that is distributed in individual labeled containers. See Michigan Laws 324.8501a

Parcel: means that portion of a property that has unity of ownership, contiguity, and unity of use. See Michigan Laws 3.813

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, association, firm, limited liability company, or corporation. See Michigan Laws 324.8501a

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 property: All property that is not real property.

Plaintiff: The person who files the complaint in a civil lawsuit.

President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.

Primary nutrients: means total nitrogen, available phosphate, or soluble potash, or any combination of those nutrients. See Michigan Laws 324.8501a

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.

Quorum: means , except as otherwise defined, 1 of the following:

(i) Three council members, if the village has adopted an ordinance reducing the number of trustees under chapter II. See Michigan Laws 61.1a

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.

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}

Registrant: means the person who registers a product under this part. See Michigan Laws 324.8501a

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.

Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301

Saginaw bay: means those waters lying inside of a line drawn from Tawas point lighthouse in Iosco county to a monument which shall be erected by the department on Oak point in Huron county, including the waters of Tawas bay, in which area nets may be set and used as provided by law. See Michigan Laws 324.47339

seal: shall be construed to include any of the following:

(a) The impression of the seal on the paper alone. See Michigan Laws 8.3n

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.

Sewage sludge: means sewage sludge generated in the treatment of domestic sewage, other than only septage or industrial waste. See Michigan Laws 324.8501

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

Soil conditioner: means any substance that is used or intended for use to improve the physical characteristics of soil, including, but not limited to, materials such as peat moss and peat products, composted products, synthetic soil conditioners, or other products that are worked into the soil or are applied on the surface to improve the properties of the soil for enhancing plant growth. See Michigan Laws 324.8501a

Specialty fertilizer: means any fertilizer distributed primarily for nonfarm use, such as use in connection with home gardens, lawns, shrubbery, flowers, golf courses, parks, and cemeteries, and may include fertilizers used for research or experimental purposes. See Michigan Laws 324.8501a

Staff judge advocate: means the commissioned officer responsible for supervising the administration of military justice within a command. See Michigan Laws 32.1002

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 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

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.

Superconducting super collider: means a 20 trillion electron volt superconducting super colliding particle beam accelerator proposed by the United States department of energy. See Michigan Laws 3.813

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Ton: means a net weight of 2,000 pounds avoirdupois. See Michigan Laws 324.8501a

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Trustee: A person or institution holding and administering property in trust.

Turf: means land, including residential, commercial, or industrial property, golf courses, or publicly owned land, that is planted in closely mowed, managed grass, except land used in the operation of a commercial farm. See Michigan Laws 324.8501

United States: shall be construed to include the district and territories. See Michigan Laws 8.3o

Use: means the loading, mixing, applying, storing, transporting, or disposing of a fertilizer. See Michigan Laws 324.8501a