Michigan Laws > Chapter 38 > Act 314 of 1965 – Public Employee Retirement System Investment Act
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Terms Used In Michigan Laws > Chapter 38 > Act 314 of 1965 - Public Employee Retirement System Investment Act
- Accounting period: means a calendar year unless another 12-month period is selected by a fiduciary. See Michigan Laws 555.502
- Advance: means a transfer of funds made by a municipality to an authority or to another person on behalf of the authority in anticipation of repayment by the authority. See Michigan Laws 125.4201
- 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.
- 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.
- Alley: means a public or private right of way shown on a plat which provides secondary access to a lot, block, or parcel of land. See Michigan Laws 560.102
- 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.
- 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.
- Appraisal: A determination of property value.
- 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
- Approved: means acceptable to the department. See Michigan Laws 333.13301
- Area agency on aging: means an agency designated by the commission under section 4(i). See Michigan Laws 400.582
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Assessed value: means 1 of the following:
(i) For valuations made before January 1, 1995, the state equalized valuation as determined under the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 125.4201Assets: (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 a downtown development authority created pursuant to this part. See Michigan Laws 125.4201 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. 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 , in the case of a decedent's estate, an heir, legatee, or devisee and, in the case of a trust, an income beneficiary or remainder beneficiary. See Michigan Laws 555.502 Benefit: means the receipt of money, goods, or anything of pecuniary value. See Michigan Laws 400.602 Board: means the governing body of an authority. See Michigan Laws 125.4201 Board: means the Michigan domestic and sexual violence prevention and treatment board created under Executive Order No. See Michigan Laws 400.1501 Board: means the domestic violence prevention and treatment board created in section 2 of 1978 PA 389, MCL 400. See Michigan Laws 400.1532 Business district: means an area in the downtown of a municipality zoned and used principally for business. See Michigan Laws 125.4201 Caption: means the name by which the plat is legally and commonly known. See Michigan Laws 560.102 Captured assessed value: means the amount in any 1 year by which the current assessed value of the project area, including the assessed value of property for which specific local taxes are paid in lieu of property taxes as determined in subdivision (aa), exceeds the initial assessed value. See Michigan Laws 125.4201 Caseworker: means an individual employed by the department or a child placing agency for the purpose of placing children in homes for foster care or investigating and certifying individuals or homes for foster care. See Michigan Laws 400.683 Catalyst development project: means a project that is located in a municipality with a population greater than 600,000, is designated by the authority as a catalyst development project, and is expected to result in at least $300,000,000. See Michigan Laws 125.4201 Chief elected official: means the mayor of a city, the president of a village, the supervisor of a township, or, subject to section 5, the chairperson of the county board of commissioners of a county. See Michigan Laws 125.3803 Chief executive officer: means the mayor or city manager of a city, the president or village manager of a village, or the supervisor of a township or, if designated by the township board for purposes of this part, the township superintendent or township manager of a township. See Michigan Laws 125.4201 Child placing agency: means that term as defined in section 1 of 1973 PA 116, MCL 722. See Michigan Laws 400.683 Claim: means any attempt to cause the department of community health to pay out sums of money under the social welfare act. See Michigan Laws 400.602 Commission: means the commission on services to the aging established under section 3. See Michigan Laws 400.582 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. 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. Consumer reporting agency: means any person who, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit-related information or other information on consumers for the purpose of furnishing credit reports to third parties. See Michigan Laws 400.683 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. conveyance: as used in this chapter , shall be construed to embrace every instrument in writing, by which any estate or interest in real estate is created, aliened, mortgaged or assigned; or by which the title to any real estate may be affected in law or equity, except wills, leases for a term not exceeding 3 years, and executory contracts for the sale or purchase of lands. See Michigan Laws 565.35 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 juvenile agency: means that term as defined in section 2 of the county juvenile agency act. See Michigan Laws 400.1302 County plat board: means the register of deeds, who shall act as chairperson, the county clerk, who shall act as secretary, and the county treasurer. See Michigan Laws 560.102 Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC Credit report: means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity. See Michigan Laws 400.683 Crisis: means 1 of the following:
(i) An individual or recipient has received a past due notice on an energy bill for his or her household. See Michigan Laws 400.1232Damages: 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 400.1501 Decedent: A deceased person. Deceptive: means making a claim or causing a claim to be made under the social welfare act that contains a statement of fact or that fails to reveal a fact, which statement or failure leads the department to believe the represented or suggested state of affair to be other than it actually is. See Michigan Laws 400.602 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 health and human services. See Michigan Laws 400.683 Department: means the department of human services. See Michigan Laws 400.1232 Department: means the family independence agency. See Michigan Laws 400.1302 Department: means the department of health and human services. See Michigan Laws 400.1501 Departments: means the department of community health, the department of human services, and the department of education. See Michigan Laws 400.791 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. Development area: means that area to which a development plan is applicable. See Michigan Laws 125.4201 Development plan: means that information and those requirements for a development plan set forth in section 217. See Michigan Laws 125.4201 Development program: means the implementation of the development plan. See Michigan Laws 125.4201 Development site: means any parcel or lot on which exists or which is intended for building development other than the following:
(i) Agricultural use involving the production of plants and animals useful to humans, including forages and sod crops; grains, feed crops, and field crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing of cattle, swine, and similar animals; berries; herbs; flowers; seeds; grasses; nursery stock; fruits; vegetables; Christmas trees; and other similar uses and activities. See Michigan Laws 560.102Devise: To gift property by will. Director: means the director of the office of services to the aging. See Michigan Laws 400.582 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: Division: means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease of more than 1 year, or of building development that results in 1 or more parcels of less than 40 acres or the equivalent, and that satisfies the requirements of section 108 and 109. See Michigan Laws 560.102 Domestic violence: means the occurrence of any of the following acts by a person that is not an act of self-defense:
(i) Causing or attempting to cause physical or mental harm to a family or household member. See Michigan Laws 400.1501Donor: The person who makes a gift. Downtown district: means that part of an area in a business district that is specifically designated by ordinance of the governing body of the municipality pursuant to this part. See Michigan Laws 125.4201 Dry cleaning: includes dry dyeing and means the process of removing dirt, grease, paints, and other stains from wearing apparel, textiles, fabrics, and rugs by use of nonaqueous liquid solvents, including:
(i) Immersion and agitation in open vessels. See Michigan Laws 333.13301Eligible advance: means an advance made before August 19, 1993. See Michigan Laws 125.4201 Eligible obligation: means an obligation issued or incurred by an authority or by a municipality on behalf of an authority before August 19, 1993 and its subsequent refunding by a qualified refunding obligation. See Michigan Laws 125.4201 Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC Energy assistance: means a program to assist eligible low-income households in meeting their home energy costs for their primary residence through payment or partial payment of bills for 1 or more of the following:
(i) Electricity. See Michigan Laws 400.1232Engineer: means a civil engineer who is a professional engineer licensed under article 20 of the occupational code, 1980 PA 299, MCL 339. See Michigan Laws 560.102 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 Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC 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. Evidence-based program: means a home visitation program described in section 3. See Michigan Laws 400.791 Ex officio: Literally, by virtue of one's office. Executor: A male person named in a will to carry out the decedent Exempt split: means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns that does not result in 1 or more parcels of less than 40 acres or the equivalent. See Michigan Laws 560.102 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. False: means wholly or partially untrue or deceptive. See Michigan Laws 400.602 Family or household member: includes any of the following:
(i) A spouse or former spouse. See Michigan Laws 400.1501Federal poverty guidelines: means the poverty guidelines published annually in the federal register by the United States department of health and human services under its authority to revise the poverty line under section 673(2) of subtitle B of title VI of the omnibus budget reconciliation act of 1981, 42 USC 9902. See Michigan Laws 400.1232 Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Fiduciary: A trustee, executor, or administrator. Fiduciary: means a personal representative or trustee. See Michigan Laws 555.502 Fire alarm system: means a system designed to detect and annunciate the presence of fire, or by-products of fire. See Michigan Laws 125.4201 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 Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC 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 domestic violence prevention and treatment fund created in section 5. See Michigan Laws 400.1501 Fund: means the sexual assault victims' medical forensic intervention and treatment fund created in section 3. See Michigan Laws 400.1532 Funds: means a portion of the money received from the federal low income home energy assistance program block grant that is not used for the home heating credit, money received from the low-income energy assistance fund, or any other money appropriated for this program. See Michigan Laws 400.1232 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing body: means the legislative body of a city or village or the township board of a township. See Michigan Laws 560.102 Governing body of a municipality: means the elected body of a municipality having legislative powers. See Michigan Laws 125.4201 Government survey: means the land surveyed, subdivided and monumented by the United States public land survey. See Michigan Laws 560.102 grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e Grantor: The person who establishes a trust and places property into it. grantor: may be construed as including every person from or by whom any estate in lands passes in or by any deed. See Michigan Laws 8.3e 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 department: means the department of environmental quality, a city health department, a county health department, or a district health department, whichever has jurisdiction. See Michigan Laws 560.102 Health facility or agency: means a health facility or agency, as defined in section 20106 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 400.602 Home visitation: means a voluntary service delivery strategy that is carried out in relevant settings, primarily in the homes of families with children ages 0 to 5 years and pregnant women. See Michigan Laws 400.791 Home visiting system: means the infrastructure and programs that support and provide home visitation. See Michigan Laws 400.791 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: means money or property that a fiduciary receives as current return from a principal asset. See Michigan Laws 555.502 Income beneficiary: means a person to whom net income of a trust is or may be payable. See Michigan Laws 555.502 Income interest: means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion. See Michigan Laws 555.502 inhabitant: means a resident of a city, township, village, district or county. See Michigan Laws 8.3f Initial assessed value: means the assessed value, as equalized, of all the taxable property within the boundaries of the development area at the time the ordinance establishing the tax increment financing plan is approved, as shown by the most recent assessment roll of the municipality for which equalization has been completed at the time the resolution is adopted. See Michigan Laws 125.4201 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. 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 Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit. Ionizing radiation: means gamma rays and x-rays, alpha particles, beta particles, high speed electrons, neutrons, protons, high speed ions, and other high speed nuclear particles. See Michigan Laws 333.13501 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. Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants. 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. Juvenile: means an individual within the court's jurisdiction under section 2(a)(1) of chapter XIIA of 1939 PA 288, MCL 712A. See Michigan Laws 400.1302 knowingly: means that a person is in possession of facts under which he or she is aware or should be aware of the nature of his or her conduct and that his or her conduct is substantially certain to cause the payment of a medicaid benefit. See Michigan Laws 400.602 Land: means all land areas occupied by real property. See Michigan Laws 560.102 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 Legatee: A beneficiary of a decedent Legislative body: means the county board of commissioners of a county, the board of trustees of a township, or the council or other elected governing body of a city or village. See Michigan Laws 125.3803 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. Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant). Lineal descendant: Direct descendant of the same ancestors. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. local unit: means a county or municipality. See Michigan Laws 125.3803 Long-term care facility: means 1 or more of the following:
(i) A home for the aged as defined in section 20106(3) of the public health code, Act No. See Michigan Laws 400.582Lot: means a measured portion of a parcel or tract of land, which is described and fixed in a recorded plat. See Michigan Laws 560.102 Majority leader: see Floor Leaders Mammography: means radiography of the breast for the purpose of enabling a physician to determine the presence, size, location, and extent of cancerous or potentially cancerous tissue in the breast. See Michigan Laws 333.13501 Mammography authorization: means authorization under section 13523 to use a radiation machine for mammography. See Michigan Laws 333.13501 Mammography interpreter: means an individual who meets the requirements set forth in section 13523(2)(g) and is responsible for evaluating and interpreting mammographic images. See Michigan Laws 333.13501 Mandatory income interest: means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute. See Michigan Laws 555.502 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 Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship. Master plan: means either of the following:
(i) As provided in section 81(1), any plan adopted or amended before September 1, 2008 under a planning act repealed under section 85. See Michigan Laws 125.3803Medicaid benefit: means a benefit paid or payable under a program for medical assistance for the medically indigent in accordance with the social welfare act. See Michigan Laws 400.602 Michigan coordinate system: means the system defined in1964 PA 9, MCL 54. See Michigan Laws 560.102 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. Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC Mortgagee: The person to whom property is mortgaged and who has loaned the money. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. municipal: means or refers to a city, village, or township. See Michigan Laws 125.3803 Municipality: means a city, village, or township. See Michigan Laws 125.4201 Municipality: means a township, city, or village. See Michigan Laws 560.102 Net income: means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this act to or from income during the period. See Michigan Laws 555.502 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. 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: means a written promise to pay, whether evidenced by a contract, agreement, lease, sublease, bond, or note, or a requirement to pay imposed by law. See Michigan Laws 125.4201 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. Office: means the office of services to the aging created by section 5. See Michigan Laws 400.582 Older person: means a state resident who is 60 years of age or older, and the spouse of the older person, regardless of age. See Michigan Laws 400.582 Other protected obligation: means :
(i) A qualified refunding obligation issued to refund an obligation described in subparagraph (ii), (iii), or (iv), an obligation that is not a qualified refunding obligation that is issued to refund an eligible obligation, or a qualified refunding obligation issued to refund an obligation described in this subparagraph. See Michigan Laws 125.4201Oversight: Committee review of the activities of a Federal agency or program. Parcel: means a continuous area or acreage of land which can be described as provided for in this act. See Michigan Laws 560.102 parent tract: means a parcel or tract, respectively, lawfully in existence on the effective date of the amendatory act that added this subdivision. See Michigan Laws 560.102 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 a person as defined in section 1106 or a governmental entity. See Michigan Laws 333.13301 Person: means a person as defined in section 1106 or a governmental entity. See Michigan Laws 333.13501 Person: means an individual, corporation, association, partnership, or other legal entity. See Michigan Laws 400.602 Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, or joint venture; governmental subdivision, agency, or instrumentality; public corporation; or another legal or commercial entity. See Michigan Laws 555.502 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. Planning commission: means either of the following, as applicable:
(i) A planning commission created pursuant to section 11(1). See Michigan Laws 125.3803Plat: means a map or chart of a subdivision of land. See Michigan Laws 560.102 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Population: means the population according to the most recent federal decennial census or according to a special census conducted under section 7 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141. See Michigan Laws 125.3803 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. Preliminary plat: means a map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration. See Michigan Laws 560.102 Prime sponsor: means a county, city, village, or township of this state, or a combination thereof, or a private, nonprofit association or organization. See Michigan Laws 400.1501 Principal: means property held in trust for distribution to a remainder beneficiary when the trust terminates. See Michigan Laws 555.502 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. Program: means the Michigan energy assistance program established in section 3. See Michigan Laws 400.1232 Promising program: means a home visitation program described in section 3. See Michigan Laws 400.791 Proprietor: means a natural person, firm, association, partnership, corporation, or combination of any of them that holds an ownership interest in land whether recorded or not. See Michigan Laws 560.102 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. protective eyewear: means protective eyewear that protects the eyes from ultraviolet radiation, allows adequate vision to maintain balance, and meets the requirements of 21 C. See Michigan Laws 333.13401 Public facility: means a street, plaza, pedestrian mall, and any improvements to a street, plaza, or pedestrian mall including street furniture and beautification, park, parking facility, recreational facility, right-of-way, structure, waterway, bridge, lake, pond, canal, utility line or pipe, building, and access routes to any of the foregoing, designed and dedicated to use by the public generally, or used by a public agency. See Michigan Laws 125.4201 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 sewer: means a sewerage system as defined in section 4101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 560.102 Public transportation agency: means a governmental entity that operates or is authorized to operate intercity or local commuter passenger rail service in this state or a public transit authority created under 1 of the following acts:
(i) The metropolitan transportation authorities act of 1967, 1967 PA 204, MCL 124. See Michigan Laws 125.3803Public utility: means all persons, firms, corporations, copartnerships, or municipal or other public authority providing gas, electricity, water, steam, telephone, sewer, or other services of a similar nature. See Michigan Laws 560.102 Public water: means a system of pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes, and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water to the public for household or drinking purposes. See Michigan Laws 560.102 purchaser: as used in this chapter , shall be construed to embrace every person to whom any estate or interest in real estate, shall be conveyed for a valuable consideration, and also every assignee of a mortgage, or lease or other conditional estate. See Michigan Laws 565.34 Qualified refunding obligation: means an obligation issued or incurred by an authority or by a municipality on behalf of an authority to refund an obligation if 1 or more of the following apply:
(i) The obligation is issued to refund a qualified refunding obligation issued in November 1997 and any subsequent refundings of that obligation issued before January 1, 2010 or the obligation is issued to refund a qualified refunding obligation issued on May 15, 1997 and any subsequent refundings of that obligation issued before January 1, 2010 in an authority in which 1 parcel or group of parcels under common ownership represents 50% or more of the taxable value captured within the tax increment finance district and that will ultimately provide for at least a 40% reduction in the taxable value of the property as part of a negotiated settlement as a result of an appeal filed with the state tax tribunal. See Michigan Laws 125.4201Qualified township: means a township that meets all of the following requirements:
(i) Was not eligible to create an authority prior to January 3, 2005. See Michigan Laws 125.4201Quorum: The number of legislators that must be present to do business. Radioactive material: means a solid, liquid, or gas material which emits ionizing radiation spontaneously. See Michigan Laws 333.13501 Radiography: means the making of a film or other record of an internal structure of the body by passing x-rays or gamma rays through the body to act on film or other image receptor. See Michigan Laws 333.13501 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Registration: means registration of a source of ionizing radiation in writing with the department. See Michigan Laws 333.13501 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. Remainder beneficiary: means a person entitled to receive principal when an income interest ends. See Michigan Laws 555.502 Replat: means the process of changing, or the map or plat which changes, the boundaries of a recorded subdivision plat or part thereof. See Michigan Laws 560.102 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. 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 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. Sexual assault counselor: means an employee of a sexual assault crisis center whose primary purpose is the rendering of advice, counseling, or assistance to victims or advocacy for victims. See Michigan Laws 400.1532 Sexual assault crisis center: means a public or private agency that offers specialized direct assistance to victims, including, but not limited to:
(i) A telephone hotline that is operated 24 hours a day and answered by a sexual assault counselor or trained volunteer. See Michigan Laws 400.1532shall 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 Social welfare act: means the social welfare act, 1939 PA 280, MCL 400. See Michigan Laws 400.602 Source of ionizing radiation: means a device or material that emits ionizing radiation. See Michigan Laws 333.13501 Specific local tax: means a tax levied under 1974 PA 198, MCL 207. See Michigan Laws 125.4201 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. Street: means a street, avenue, boulevard, highway, road, lane, alley, viaduct, or other public way intended for use by motor vehicles, bicycles, pedestrians, and other legal users. See Michigan Laws 125.3803 subdivision: means the partitioning or splitting of a parcel or tract of land by the proprietor thereof or by his or her heirs, executors, administrators, legal representatives, successors, or assigns for the purpose of sale, or lease of more than 1 year, or of building development that results in 1 or more parcels of less than 40 acres or the equivalent, and that is not exempted from the platting requirements of this act by section 108 and 109. See Michigan Laws 560.102 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Surveyor: means a professional surveyor licensed under article 20 of the occupational code, 1980 PA 299, MCL 339. See Michigan Laws 560.102 Tanning device: means equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and is used for tanning of the skin. See Michigan Laws 333.13401 Tanning facility: means a location that provides individuals with access to a tanning device. See Michigan Laws 333.13401 Tax increment revenues: means the amount of ad valorem property taxes and specific local taxes attributable to the application of the levy of all taxing jurisdictions upon the captured assessed value of real and personal property in the development area, subject to the following requirements:
(i) Tax increment revenues include ad valorem property taxes and specific local taxes attributable to the application of the levy of all taxing jurisdictions other than the state pursuant to the state education tax act, 1993 PA 331, MCL 211. See Michigan Laws 125.4201Terms of a trust: means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct. See Michigan Laws 555.502 Testator: A male person who leaves a will at death. 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. Tract: means 2 or more parcels that share a common property line and are under the same ownership. See Michigan Laws 560.102 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. Trustee: A person or institution holding and administering property in trust. Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See Michigan Laws 555.502 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Usury: Charging an illegally high interest rate on a loan. Source: OCC Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate. Venue: The geographical location in which a case is tried. Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.