Michigan Laws > Chapter 41 > Act 246 of 1931 – Pavements, Sidewalks, and Elevated Structures
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws > Chapter 41 > Act 246 of 1931 - Pavements, Sidewalks, and Elevated Structures
- Acupressure: means a form of manual therapy in which physical pressure is applied to various points on the body. See Michigan Laws 333.16501
- Acupuncture: means the insertion and manipulation of needles through the surface of the human body. See Michigan Laws 333.16501
- Acupuncturist: means an individual who is licensed under this part to engage in the practice of acupuncture. See Michigan Laws 333.16501
- Address: means the residence or principal business address of the person. See Michigan Laws 445.1
- Adverse information: means information indicating that the cosigner has not complied with the contractual provisions of an obligation. See Michigan Laws 445.271
- Advertise: means the use or dissemination of an advertising by a person that is subject to this act. See Michigan Laws 445.312
- advertisement: means a communication or representation that is disseminated in any manner by any means for the purpose of inducing, or that is likely to induce, directly or indirectly, the purchase of a consumer item, good, merchandise, or commodity. See Michigan Laws 445.312
- 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.
- Agency: means a department, board, commission, office, agency, authority, or other unit of state government of this state. See Michigan Laws 445.63
- Allegation: something that someone says happened.
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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
- Arrest: Taking physical custody of a person by lawful authority.
- Art merchant: means a person who deals in multiples, or who by his or her occupation holds himself or herself out as having knowledge or skill peculiar to a person who deals in multiples, or who employs a broker, agent, or other intermediary who holds himself or herself out as having knowledge or skill peculiar to a person who deals in multiples. See Michigan Laws 442.351a
- Artist: means the creator of an image depicted by or in a master. See Michigan Laws 442.351a
- 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.
- Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
- Automatic checkout system: means an electronic device, computer, or machine that determines the price of a consumer item by using a product identity code. See Michigan Laws 445.312
- Bailiff: a court officer who enforces the rules of behavior in courtrooms.
- 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
- Business day: means Monday through Friday and does not include Saturday, Sunday, or the following business holidays: New Year's day, Martin Luther King's birthday, Washington's birthday, Memorial day, Independence day, Labor day, Columbus day, Veterans' day, Thanksgiving day, and Christmas day. See Michigan Laws 445.111
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Child or spousal support: means support for a child or spouse, paid or provided pursuant to state or federal law under a court order or judgment. See Michigan Laws 445.63
- Child or spousal support: means support for a child or spouse, paid or provided pursuant to state or federal law under a court order or judgment. See Michigan Laws 445.82
- Civil action concerning prison conditions: means any civil proceeding seeking damages or equitable relief arising with respect to any conditions of confinement or the effects of an act or omission of government officials, employees, or agents in the performance of their duties, but does not include proceedings challenging the fact or duration of confinement in prison, or parole appeals or major misconduct appeals under section 34 or section 55 of 1953 PA 232, MCL 791. See Michigan Laws 600.5531
- Collection action: means requesting a cosigner to pay all or part of the obligation. See Michigan Laws 445.271
- Collection agency: means a person that is directly engaged in collecting or attempting to collect a claim owed or due or asserted to be owed or due another, or repossessing or attempting to repossess a thing of value owed or due or asserted to be owed or due another person, arising out of an expressed or implied agreement. See Michigan Laws 445.251
- Commission: means the public service commission. See Michigan Laws 445.111
- 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.
- Confidential telephone record: means any of the following:
(i) Information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a service offered by a telecommunication provider subscribed to by any customer of that telecommunication provider. See Michigan Laws 445.65aConsent decree: means any relief entered by the court that is based in whole or in part upon the consent or acquiescence of the parties but does not include private settlements. See Michigan Laws 600.5531 Consumer item: means an article of tangible personal property used or consumed, or bought for use or consumption, primarily for personal, family, or household purposes. See Michigan Laws 445.312 Consumer protection act: means the Michigan consumer protection act, Act No. See Michigan Laws 445.52 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. Cosigner: means a natural person who renders himself or herself liable for the obligation of another person without compensation. See Michigan Laws 445.271 Counterclaim: A claim that a defendant makes against a plaintiff. counterclaim: as used in this act , includes setoff and recoupment. See Michigan Laws 600.111 Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC Credit card: means that term as defined in section 157m of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 445.63 Cupping: means the placement of a specially designed cup on the body to create suction. See Michigan Laws 333.16501 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Data: means computerized personal information. See Michigan Laws 445.63 debt: means an obligation or alleged obligation for the payment of money or thing of value arising out of an expressed or implied agreement or contract for a purchase made primarily for personal, family, or household purposes. See Michigan Laws 445.251 debtor: means an individual who is obligated or allegedly obligated to pay a debt. See Michigan Laws 445.251 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. 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. Depository institution: means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union. See Michigan Laws 445.63 Dermal friction: means the use of repeated, closely timed, unidirectional press-stroking with a smooth-edged instrument over a lubricated area of the body. See Michigan Laws 333.16501 Devise: To gift property by will. Dietary counseling: means the process of advising a patient about healthy food choices and healthy eating habits in accordance with East Asian medical theory. See Michigan Laws 333.16501 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dislocation: means complete disruption in the normal relationship of 2 bones forming a joint resulting in no contact of the articular surfaces. See Michigan Laws 333.16401 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: District: means the judicial districts provided for in chapter 81. See Michigan Laws 600.5701 Do-not-call list: means a do-not-call list of consumers and their residential telephone numbers maintained by the commission, by a vendor designated by the commission, or by an agency of the federal government, under section 1a. See Michigan Laws 445.111 Dry needling: means a rehabilitative procedure using filiform needles to penetrate the skin or underlying tissues by targeting only myofascial trigger points and muscular and connective tissues to affect change in body structures and functions for the evaluation and management of neuromusculoskeletal pain and movement impairment. See Michigan Laws 333.16501 East Asian medicine techniques: includes , but is not limited to, acupuncture, manual therapy, moxibustion, heat therapy, dietary counseling, therapeutic exercise, acupressure, cupping, dermal friction, homeopathy, lifestyle coaching, and treatment with herbal medicines. See Michigan Laws 333.16501 Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC 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 employer: includes any person acting directly or indirectly in the interest of an employer in relation to an employee. See Michigan Laws 445.102 Encrypted: means transformation of data through the use of an algorithmic process into a form in which there is a low probability of assigning meaning without use of a confidential process or key, or securing information by another method that renders the data elements unreadable or unusable. See Michigan Laws 445.63 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 Escrow: Money given to a third party to be held for payment until certain conditions are met. 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 Existing customer: means an individual who has purchased goods or services from a person, who is the recipient of a voice communication from that person, and who either paid for the goods or services within the 12 months preceding the voice communication or has not paid for the goods and services at the time of the voice communication because of a prior agreement between the person and the individual. See Michigan Laws 445.111 Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC 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 pretenses: includes , but is not limited to, a false, misleading, or fraudulent representation, writing, communication, statement, or message, communicated by any means to another person, that the maker of the representation, writing, communication, statement, or message knows or should have known is false or fraudulent. See Michigan Laws 445.63 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 Federally insured depository institution: means a state or national bank, state or federal savings bank, state or federal savings and loan association, or state or federal credit union that holds deposits insured by an agency of the United States. See Michigan Laws 445.111 Fiduciary: A trustee, executor, or administrator. Financial institution: means a depository institution, an affiliate of a depository institution, a licensee under the consumer financial services act, 1988 PA 161, MCL 487. See Michigan Laws 445.63 Financial transaction device: means that term as defined in section 157m of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 445.63 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. Fixed location: means a place of business where the seller or an agent, servant, employee, or solicitor of that seller primarily engages in the sale of goods or services of the same kind as would be sold at the residence of a buyer. See Michigan Laws 445.111 Forbearance: A means of handling a delinquent loan. A 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 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 Frivolous: means that term as defined in section 2591 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 600.5531 Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. 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. Heat therapy: means the use of heat in therapy, such as for pain relief and health. See Michigan Laws 333.16501 Herbal medicine: means the internal and external use of a plant or a plant extract, a mineral, or an animal product, that is not a prescription drug as that term is defined in section 17708. See Michigan Laws 333.16501 Home solicitation sale: means a sale of goods or services of more than $25. See Michigan Laws 445.111 Homeopathy: means the use of a highly diluted natural remedy from the plant, mineral, and animal domain. See Michigan Laws 333.16501 Identity theft: means engaging in an act or conduct prohibited in section 5(1). See Michigan Laws 445.63 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 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 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Interactive computer service: means an information service or system that enables computer access by multiple users to a computer server, including, but not limited to, a service or system that provides access to the internet or to software services available on a server. See Michigan Laws 445.63 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 Internet: means that term as defined in 47 U. See Michigan Laws 445.82 IP-enabled voice service: means an interconnected voice over internet protocol service that enables real-time, 2-way voice communications, requires a broadband connection from the user's location using internet protocol-compatible equipment, and permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network. See Michigan Laws 445.65a Joint dysfunction: means a joint that is impaired so that it does not function properly. See Michigan Laws 333.16401 Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement judgment: as used in this act , includes decree. See Michigan Laws 600.112 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. Law enforcement agency: means that term as defined in section 2804 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 445.63 Lease: includes a written or verbal lease or license agreement for use or possession of premises. See Michigan Laws 600.5701 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: except as otherwise provided in this subsection and section 17708(2), means an authorization issued under this article to practice where practice would otherwise be unlawful. See Michigan Laws 333.16106 Lien: A claim against real or personal property in satisfaction of a debt. Lifestyle coaching: means the process of advising a patient about healthy lifestyle choices and habits in accordance with East Asian medical theory. See Michigan Laws 333.16501 Limited edition: means a number of multiples which are produced from a single master, all of which depict the same image, and which bear numbers or other markings to denote that production of multiples from that master is limited to a stated maximum number, or which are otherwise held out as limited to a maximum number. See Michigan Laws 442.351a Limited license: means a license to which restrictions or conditions, or both, as to scope of practice, place of practice, supervision of practice, duration of licensed status, or type or condition of patient or client served are imposed by a board. See Michigan Laws 333.16106 Local registrar: means that term as defined in section 2804 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 445.63 Mail: means a letter, postal card, package, bag, or any other article or thing contained therein, or other sealed article addressed to a person. See Michigan Laws 445.32 Mailed: means delivered by United States mail or other delivery service that does not require the signature of recipient indicating actual receipt. See Michigan Laws 445.82 Manual therapy: means the application of an accurately determined and specifically directed manual force to the body, excluding a high-velocity, low-amplitude thrust to the spine. See Michigan Laws 333.16501 Master: means a printing plate, stone, block, screen, photographic negative, or other material which contains an image used to produce multiples. See Michigan Laws 442.351a Medical records or information: includes , but is not limited to, medical and mental health histories, reports, summaries, diagnoses and prognoses, treatment and medication information, notes, entries, and x-rays and other imaging records. See Michigan Laws 445.63 Mobile home: means a mobile home as defined in section 2 of the mobile home commission act, Act No. See Michigan Laws 600.5771 Mobile home park: means a mobile home park as defined in section 2 of Act No. See Michigan Laws 600.5771 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 Moxibustion: means burning the dried plant Artemisia vulgaris on or very near the surface of the skin as a form of therapy. See Michigan Laws 333.16501 Multiples: means prints, photographs, photographic negatives, or other objects of visual art which are produced in more than 1 copy and sold, offered for sale, or consigned in, into, or from the state for value exceeding $100. See Michigan Laws 442.351a Musculoskeletal system: means the system of muscles, tendons, ligaments, bones, joints, and associated tissues that moves the body and maintains its form. See Michigan Laws 333.16401 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC 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. Obligation: means an indebtedness incurred by an individual for personal, family, or household purposes. See Michigan Laws 445.271 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, corporation, association, or other entity, however organized. See Michigan Laws 442.351a Person: means 1 or more individuals, partnerships, trusts, fiduciaries, or other entities capable of contracting, except corporations and limited partnerships. See Michigan Laws 445.1 Person: means an individual, partnership, corporation, limited liability company, association, or other legal entity. See Michigan Laws 445.32 Person: means an individual, partnership, cooperation, association, trust, or other legal entity. See Michigan Laws 445.52 Person: means an individual, partnership, corporation, limited liability company, association, or other legal entity. See Michigan Laws 445.63 Person: means an individual, partnership, limited liability company, association, corporation, public or nonpublic elementary or secondary school, trade school, vocational school, community or junior college, college, university, state or local governmental agency or department, or other legal entity. See Michigan Laws 445.82 person: includes any individual, firm, co-partnership, joint adventure, association, municipal or private corporation whether organized for profit or not, company, estate, trust, or any other group or combination acting as a unit, and the plural as well as the singular number, unless the intention to give a more limited meaning is disclosed by the context. See Michigan Laws 445.102 Person: means an individual, partnership, corporation, limited liability company, association, governmental entity, or other legal entity. See Michigan Laws 445.111 Person: means an individual, sole proprietorship, partnership, association, corporation, limited liability company, or other legal entity. See Michigan Laws 445.251 Person: means an individual, firm, partnership, association, or corporation. See Michigan Laws 445.271 Person: means an individual, corporation, limited liability company, partnership, association, or other legal entity. See Michigan Laws 445.312 Person: includes any corporation, or partnership, or 2 or more persons having a joint or common interest. See Michigan Laws 445.371 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Personal identifying information: means a name, number, or other information that is used for the purpose of identifying a specific person or providing access to a person's financial accounts, including, but not limited to, a person's name, address, telephone number, driver license or state personal identification card number, social security number, place of employment, employee identification number, employer or taxpayer identification number, government passport number, health insurance identification number, mother's maiden name, demand deposit account number, savings account number, financial transaction device account number or the person's account password, any other account password in combination with sufficient information to identify and access the account, automated or electronic signature, biometrics, stock or other security certificate or account number, credit card number, vital record, or medical records or information. See Michigan Laws 445.63 Personal information: means the first name or first initial and last name linked to 1 or more of the following data elements of a resident of this state:
(i) Social security number. See Michigan Laws 445.63Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. 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. 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 Practice of chiropractic: means that discipline within the healing arts that deals with the human nervous system and the musculoskeletal system and their interrelationship with other body systems. See Michigan Laws 333.16401 Practice of chiropractic: means that term as defined in section 16401. See Michigan Laws 333.16501 Practice of massage therapy: means that term as defined in section 17951. See Michigan Laws 333.16501 Practice of medicine: means that term as defined in section 17001. See Michigan Laws 333.16501 Practice of osteopathic medicine and surgery: means that term as defined in section 17501. See Michigan Laws 333.16501 Practice of physical therapy: means that term as defined in section 17801. See Michigan Laws 333.16501 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. Premises: includes lands, tenements, condominium property, cooperative apartments, air rights and all manner of real property. See Michigan Laws 600.5701 Primary obligor: means a person, other than a cosigner, who signs an obligation as a debtor. See Michigan Laws 445.271 principal: means a person that offers or extends credit creating a debt or a person to which a debt is owed or due or asserted to be owed or due. See Michigan Laws 445.251 Prison: means a facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of state or local law. See Michigan Laws 600.5531 Prisoner: means a person subject to incarceration, detention, or admission to a prison who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of state or local law or the terms and conditions of parole, probation, pretrial release, or a diversionary program. See Michigan Laws 600.5531 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. Proofs: means multiples which depict the same image as, and which are produced from the same master used to produce, a limited edition, but which, whether or not designated as proofs, are set aside from and are in addition to the limited edition to which they relate. See Michigan Laws 442.351a Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Prospective relief: means all relief other than monetary damages. See Michigan Laws 600.5531 public highway: as used in this act mean any road, street or alley taken over by and under the jurisdiction of the board of county road commissioners. See Michigan Laws 41.271 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 utility: means that term as defined in section 1 of 1972 PA 299, MCL 460. See Michigan Laws 445.63 Publicly display: means to exhibit, hold up, post, or make visible or set out for open view, including, but not limited to, open view on a computer device, computer network, website, or other electronic medium or device, to members of the public or in a public manner. See Michigan Laws 445.82 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Registered acupuncturist: means an individual who is registered or otherwise authorized under this part before the effective date of the rules promulgated under section 16525 regarding licensure. See Michigan Laws 333.16501 Registration: means an authorization only for the use of a designated title which use would otherwise be prohibited under this article. See Michigan Laws 333.16108 Regulated person: means a person whose collection activities are confined and are directly related to the operation of a business other than that of a collection agency including any of the following:
(i) A regular employee who collects accounts for 1 employer if the collection efforts are carried on in the name of the employer. See Michigan Laws 445.251Relief: means all relief in any form that may be granted or approved by the court, and includes consent decrees but does not include private settlement agreements. See Michigan Laws 600.5531 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. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC Sale: means sale or exchange. See Michigan Laws 442.351a Sale at retail: means a transfer of an interest in a consumer item by a person that is regularly and principally engaged in the business of selling consumer items to a buyer for use or consumption and not for resale. See Michigan Laws 445.312 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nsecurity breach: means the unauthorized access and acquisition of data that compromises the security or confidentiality of personal information maintained by a person or agency as part of a database of personal information regarding multiple individuals. See Michigan Laws 445.63 sell: includes any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition. See Michigan Laws 445.102 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 Signed: means autographed by the artist's own hand, and not by means of mechanical or photographic reproduction, after the multiple was produced, whether or not the master was signed. See Michigan Laws 442.351a 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 registrar: means that term as defined in section 2805 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 445.63 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. subscriber: means a person residing in this state who has residential telephone service. See Michigan Laws 445.111 Summary proceedings: means a civil action to recover possession of premises and to obtain certain ancillary relief as provided by this chapter and by court rules adopted in connection therewith. See Michigan Laws 600.5701 Summons: Another word for subpoena used by the criminal justice system. Systematic acupuncture education: means a course of education that covers the foundation of acupuncture science and theory, channel and point location, needling techniques, approaches to diagnosis and therapy, and patient management. See Michigan Laws 333.16501 Telecommunication provider: means all of the following:
(i) A provider as that term is defined in section 102 of the Michigan telecommunications act, 1991 PA 179, MCL 484. See Michigan Laws 445.65aTelecommunication service: means all of the following:
(i) A service as that term is defined in section 102 of the Michigan telecommunications act, 1991 PA 179, MCL 484. See Michigan Laws 445.65aTelephone solicitation: means any voice communication over a telephone for the purpose of encouraging the recipient of the call to purchase, rent, or invest in goods or services during that telephone call. See Michigan Laws 445.111 Telephone solicitor: means any person doing business in this state who makes or causes to be made a telephone solicitation from within or outside of this state, including, but not limited to, calls made by use of automated dialing and announcing devices or by a live person. See Michigan Laws 445.111 Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Therapeutic exercise: means a range of physical activities that help restore and build physical strength, endurance, flexibility, balance, and stability. See Michigan Laws 333.16501 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. Total price: means the full purchase price of a consumer item, excluding sales tax and container deposit. See Michigan Laws 445.312 Trade or commerce: means trade or commerce as defined in section 2 of the consumer protection act. See Michigan Laws 445.52 Trade or commerce: means that term as defined in section 2 of the Michigan consumer protection act, 1971 PA 331, MCL 445. See Michigan Laws 445.63 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. Transient merchant: means any person, firm, association, or corporation engaging temporarily in a retail sale of goods, wares, or merchandise, in any place in this state and who, for the purpose of conducting business, occupies any lot, building, room, or structure of any kind. See Michigan Laws 445.371 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Trustee: A person or institution holding and administering property in trust. 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 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o 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. Vendor: means a person designated by the commission to maintain a do-not-call list under section 1a. See Michigan Laws 445.111 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Vital record: means that term as defined in section 2805 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 445.63 Vital record: means that term as defined in section 2805 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 445.82 Webpage: means a location that has a uniform resource locator or URL with respect to the world wide web or another location that can be accessed on the internet. See Michigan Laws 445.63 Website: means a collection of pages of the world wide web or internet, usually in HTML format, with clickable or hypertext links to enable navigation from 1 page or section to another, that often uses associated graphics files to provide illustration and may contain other clickable or hypertext links. See Michigan Laws 445.82 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Written instrument: means a written agreement, bill of sale, invoice, certificate of authenticity, catalog, or other memorandum describing a multiple which is to be sold or consigned by an art merchant. See Michigan Laws 442.351a Written solicitation: means a postcard or other written notice delivered to a buyer's residence that requests that the buyer contact the seller or seller's agent by telephone to inquire about a good or service, unless the postcard or other written notice concerns a previous purchase or order or specifies the price of the good or service and accurately describes the good or service. See Michigan Laws 445.111