Michigan Laws > Chapter 42 > Act 359 of 1947 – The Charter Township Act
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Terms Used In Michigan Laws > Chapter 42 > Act 359 of 1947 - The Charter Township Act
- Absent voter: is a voter who utilizes the process described in section 759. See Michigan Laws 168.2
- Absent voter ballot: means a ballot that is issued to a voter through the absentee voter process. See Michigan Laws 168.2
- absent voter ballot secrecy envelope container: means a container described in section 24k that is used for storing and securing absent voter ballot secrecy envelopes that are removed from the absent voter ballot return envelopes on the Sunday and Monday before election day as provided in section 765. See Michigan Laws 168.14b
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Adult foster care facility: means that term as defined in section 3 of the adult foster care facility licensing act, MCL 400. See Michigan Laws 750.145m
- Adult foster care facility licensing act: means 1979 PA 218, MCL 400. See Michigan Laws 750.145m
- 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.
- Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Michigan Laws 450.832
- 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.
- annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 8.3d
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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
- 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.
- 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.
- Automated transaction: means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of 1 or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. See Michigan Laws 450.832
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bailiff: a court officer who enforces the rules of behavior in courtrooms.
- Ballot container: means a container that is used for transporting and storing voted ballots, as described and approved under section 24j. See Michigan Laws 168.14a
- 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
- bonds: means bonds or other obligations outstanding and secured by any such "trust mortgage. See Michigan Laws 451.401
- Business of debt management: means providing or offering to provide debt management to 1 or more residents of this state. See Michigan Laws 451.412
- Business owned by persons with disabilities: means a business in which all of the following apply:
(i) More than 50% of the voting shares or interest in the business is owned, controlled, and operated by 1 or more persons with disabilities. See Michigan Laws 450.792Caregiver: means an individual who directly cares for or has physical custody of a vulnerable adult. See Michigan Laws 750.145m Certified counselor: means an individual who is certified by a training program or certifying organization, approved by the director, that authenticates the competence of individuals who provide education and assistance to other individuals in connection with debt counseling and financial counseling functions. See Michigan Laws 451.412 Charitable purpose: means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community. See Michigan Laws 451.922 Chemical irritant: means solid, liquid, or gas that through its chemical or physical properties, alone or in combination with 1 or more other substances, can be used to produce an irritant effect in humans, animals, or plants. See Michigan Laws 750.200h Chemical irritant device: means a device designed or intended to release a chemical irritant. See Michigan Laws 750.200h Closing: means the permanent shutting down of operations at any establishment at which at least 25 persons are employed. See Michigan Laws 450.732 commission: means the public trust commission as hereinbefore created. See Michigan Laws 451.302 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. Computer program: means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. See Michigan Laws 450.832 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Contract: means the total legal obligation resulting from the parties' agreement as affected by this act and other applicable law. See Michigan Laws 450.832 Controlled: means exercising the power to make policy decisions in a business. See Michigan Laws 450.771 Controlled: means exercising the power to make policy decisions in a business. See Michigan Laws 450.792 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. Counselor: means a certified counselor who is an employee or agent of a licensee who engages in financial counseling and debt counseling functions. See Michigan Laws 451.412 Credit account: means the account through which a business organization or financial institution allows a person or organization to obtain goods, property, services, or any other thing of value on credit. See Michigan Laws 750.157m Credit card: means either of the following:
(i) Any instrument or device which is sold, issued, or otherwise distributed by a business organization or financial institution for the use of the person or organization identified on the instrument or device for obtaining goods, property, services, or anything of value on credit. See Michigan Laws 750.157mCreditor: means a person for whose benefit a licensee collects and disperses money. See Michigan Laws 451.412 Cryptocurrency: means digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, and that operates independently of a central bank. See Michigan Laws 750.157m Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Debt management: means the planning and management of the financial affairs of a debtor and the receipt of money from the debtor for distribution to 1 or more of the debtor's creditors in payment or partial payment of the debtor's obligations. See Michigan Laws 451.412 Debtor: means a person from which money is collected for the benefit of a creditor of the debtor. See Michigan Laws 451.412 Decedent: A deceased person. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Deliver: means that actual or constructive transfer of a substance or device from 1 person to another regardless of any agency relationship. See Michigan Laws 750.200h Department: means the department of labor. See Michigan Laws 450.732 Department: means a principal department of the executive branch of the state government. See Michigan Laws 450.771 Department: means a principal department of the executive branch of the state government. See Michigan Laws 450.792 Department: means the department of insurance and financial services. See Michigan Laws 451.412 Dependent: A person dependent for support upon another. Deposit account: includes share, deposit, member, and savings accounts of financial institutions. See Michigan Laws 750.157m depositary: shall include all persons who propose to act, or who are now acting, in connection with a protective committee for the purpose of accepting securities for deposit under and/or consents to a protective committee agreement. See Michigan Laws 451.302 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. Developmental disability: means that term as defined in section 500 of the mental health code, MCL 330. See Michigan Laws 750.145m Deviceholder: means either of the following:
(i) The person or organization who requests a financial transaction device and to whom or for whose benefit a financial transaction device is subsequently issued. See Michigan Laws 750.157mDevise: To gift property by will. Diagnostic pharmaceutical agent: means a topically administered prescription drug or other topically administered drug used for the purpose of investigating, analyzing, and diagnosing a defect or abnormal condition of the human eye or ocular adnexa. See Michigan Laws 333.17401 Director: means the director of the department or his or her authorized representative. See Michigan Laws 451.412 Disability: means a determinable physical or mental impairment of an individual or the history of an impairment that may result from disease, injury, congenital condition of birth, or functional disorder. See Michigan Laws 450.792 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: Distributed ledger technology: means any distributed ledger protocol and supporting infrastructure, including blockchain, that uses a distributed, decentralized, shared, and replicated ledger, whether use of the ledger is public or private, permissioned or permissionless, and that may include the use of electronic currencies or electronic tokens as a medium of electronic exchange. See Michigan Laws 750.157m Donor: The person who makes a gift. Drug: means that term as defined in section 17703, but does not include a controlled substance as defined in section 7104 and included in schedule 2 under section 7214, an oral cortical steroid, or a prescription drug. See Michigan Laws 333.17401 Election: means an election or primary election at which the electors of this state or of a subdivision of this state choose or nominate by ballot an individual for public office or decide a ballot question lawfully submitted to them. See Michigan Laws 168.2 election precinct: as used in this act shall mean a political subdivision, the area of which is embraced in its entirety within the confines of a city, ward, township or village, and for which not more than 1 polling place is provided for all qualified and registered electors residing therein. See Michigan Laws 168.654 Electrodiagnostic studies: means the testing of neuromuscular functions utilizing nerve conduction tests and needle electromyography. See Michigan Laws 333.17501 Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Michigan Laws 450.832 Electronic agent: means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. See Michigan Laws 450.832 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 Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Michigan Laws 450.832 Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Michigan Laws 450.832 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 Employee-owned corporation: means a business operation that is controlled by, and designed to maintain control by, its employees, and in which control is distributed among its employees according to a democratic formula, if the business operation is 1 of the following:
(i) A business operation the management rights of which are represented by voting stock that may be owned only by: employees of the operation, a nonprofit community development corporation, or an employee-owned stock ownership plan in which not less than 50% of the employees participate in each portion of the plan. See Michigan Laws 450.732Endowment fund: means an institutional fund or part of an institutional fund that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. See Michigan Laws 451.922 Enterprise: includes an individual, sole proprietorship, partnership, corporation, limited liability company, trust, union, association, governmental unit, or other legal entity or a group of persons associated in fact although not a legal entity. See Michigan Laws 750.159f 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. Establishment: includes a factory, plant, office, or other facility, but does not include a construction site or other work place that was intended to be a temporary work place. See Michigan Laws 450.732 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Executor: A male person named in a will to carry out the decedent Expenditures: means payments and contracts for goods, services, and construction which may be acquired competitively and are not regulated by separate authority, and, where the department acts as the sole or primary contracting officer and has selective discretion as to the supplier, vendor, or contractor. See Michigan Laws 450.771 Expenditures: means payments and contracts for goods, services, and construction which may be acquired competitively and are not regulated by separate authority, and, where the department acts as the sole or primary contracting officer and has selective discretion as to the supplier, vendor, or contractor. See Michigan Laws 450.792 Facility: means an adult foster care facility, a home for the aged, or a nursing home. See Michigan Laws 750.145m Fair share program: means a program in which voluntary contributions are made by some creditors to a licensee based on a percentage of the amount disbursed by the licensee on behalf of a debtor. See Michigan Laws 451.412 Fees and charges of the licensee: means the total amount of money charged a debtor by a licensee, including the $50. See Michigan Laws 451.412 felony: when used in this act, shall be construed to mean an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison. See Michigan Laws 750.7 Fiduciary: A trustee, executor, or administrator. Financial institution: means a bank, savings and loan association, or credit union, and includes a corporation wholly owned by a financial institution or by the holding company parent of a financial institution. See Michigan Laws 750.157m Financial transaction device: means any of the following:
(i) An electronic funds transfer card. See Michigan Laws 750.157mfirearm: 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. For an unlawful purpose: includes , but is not limited to, having the intent to do any of the following:
(i) Frighten, terrorize, intimidate, threaten, harass, injure, or kill any person. See Michigan Laws 750.200hForeclosure: 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 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 general November election: means the election held on the November regular election date in an even numbered year. See Michigan Laws 168.2 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Gift instrument: means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund. See Michigan Laws 451.922 Governmental agency: means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal, state, or local government. See Michigan Laws 450.832 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. Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. Harmful biological device: means a device designed or intended to release a harmful biological substance. See Michigan Laws 750.200h Harmful biological substance: means a bacteria, virus, or other microorganism or a toxic substance derived from or produced by an organism that can be used to cause death, injury, or disease in humans, animals, or plants. See Michigan Laws 750.200h Harmful chemical device: means a device that is designed or intended to release a harmful chemical substance. See Michigan Laws 750.200h Harmful chemical substance: means a solid, liquid, or gas that through its chemical or physical properties, alone or in combination with 1 or more other chemical substances, can be used to cause death, injury, or disease in humans, animals, or plants. See Michigan Laws 750.200h Harmful electronic or electromagnetic device: means a device designed to emit or radiate or that, as a result of its design, emits or radiates an electronic or electromagnetic pulse, current, beam, signal, or microwave that is intended to cause harm to others or cause damage to, destroy, or disrupt any electronic or telecommunications system or device, including, but not limited to, a computer, computer network, or computer system. See Michigan Laws 750.200h Harmful radioactive device: means a device that is designed or intended to release a harmful radioactive material. See Michigan Laws 750.200h Harmful radioactive material: means material that is radioactive and that can be used to cause death, injury, or disease in humans, animals, or growing plants by its radioactivity. See Michigan Laws 750.200h Home for the aged: means that term as defined in section 20106 of the public health code, MCL 333. See Michigan Laws 750.145m Imitation harmful substance or device: means a substance or device that is designed or intended to represent 1 or more of the following or that is alleged to be 1 of the following but that is not any of the following:
(i) A harmful biological device. See Michigan Laws 750.200hImpeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. 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 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. industrial cooperative: means an establishment in which the owners or members all work in the establishment and are the only persons who work in the establishment. See Michigan Laws 450.732 Information: means , but is not limited to, data, text, images, sounds, codes, computer programs, software and databases. See Michigan Laws 450.832 Information processing system: means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. See Michigan Laws 450.832 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Institution: means any of the following:
(i) A person, other than an individual, organized and operated exclusively for charitable purposes. See Michigan Laws 451.922Institutional fund: means a fund held by an institution exclusively for charitable purposes. See Michigan Laws 451.922 Instrumentality: means an interest, real or personal property, or other thing of value, the use of which contributes directly and materially to the commission of an offense included in the definition of racketeering. See Michigan Laws 750.159f Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes. Invasive procedures: means all of the following:
(i) The use of lasers other than for observation. See Michigan Laws 333.17401Jurisdiction: (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. Juror: A person who is on the jury. 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: means a written certificate or exemption order issued by the director under this act. See Michigan Laws 451.412 Licensee: means that term as defined in section 5 of the adult foster care facility licensing act, MCL 400. See Michigan Laws 750.145m Licensee: means a person that is licensed, or is required to be licensed, under this act to perform debt management services and is located inside or outside the boundaries of this state. See Michigan Laws 451.412 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. Locator service: means a telephone service that automatically connects callers to a network of member service providers, based on geographic location or another parameter. See Michigan Laws 451.412 major political party: means each of the 2 political parties whose candidate for the office of secretary of state received the highest and second highest number of votes at the immediately preceding general election in which a secretary of state was elected. See Michigan Laws 168.16 Majority leader: see Floor Leaders 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 Mental health code: means 1974 PA 258, MCL 330. See Michigan Laws 750.145m Mental illness: means that term as defined in section 400 of the mental health code, MCL 330. See Michigan Laws 750.145m Metropolitan district: means a district incorporated under the metropolitan district act, 1929 PA 312, MCL 119. See Michigan Laws 168.17 Minority: means a person who is black, hispanic, oriental, eskimo, or an American Indian who is not less than 1/4 quantum Indian blood as certified by the person's tribal association and verified by the Indian affairs commission. See Michigan Laws 450.771 Minority leader: See Floor Leaders Minority owned business: means a business enterprise of which more than 50% of the voting shares or interest in the business is owned, controlled, and operated by individuals who are members of a minority and with respect to which more than 50% of the net profit or loss attributable to the business accrues to shareholders who are members of a minority. See Michigan Laws 450.771 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. 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. Nursing home: means that term as defined in section 20109 of the public health code, MCL 333. See Michigan Laws 750.145m Nursing home: means that term as defined in section 20109. See Michigan Laws 333.17301 Nursing home administrator: means the individual licensed under this article to engage in the practice of nursing home administration. See Michigan Laws 333.17301 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: 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 each location, described by street name, building number, city, and state, where a person engages in the business of debt management. See Michigan Laws 451.412 Operated: means the activity of being involved in the day to day management of a business. See Michigan Laws 450.771 Operated: means the activity of being involved in the day-to-day management of a business. See Michigan Laws 450.792 Optometrist: means an individual licensed under this article to engage in the practice of optometry. See Michigan Laws 333.17401 organization: means any of the following:
(A) A dental care corporation incorporated under 1963 PA 125, MCL 550. See Michigan Laws 750.157mOther person with authority over a vulnerable adult: includes , but is not limited to, a person with authority over a vulnerable adult in that part of a hospital that is a hospital long-term care unit, but does not include a person with authority over a vulnerable adult in that part of a hospital that is not a hospital long-term care unit. See Michigan Laws 750.145m Participating physician: means a physician, a physician designated by a group of physicians under section 17549 to represent that group, or a physician designated by a health facility or agency under section 20174 to represent that health facility or agency. See Michigan Laws 333.17501 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. Pattern of racketeering activity: means not less than 2 incidents of racketeering to which all of the following characteristics apply:
(i) The incidents have the same or a substantially similar purpose, result, participant, victim, or method of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated acts. See Michigan Laws 750.159fPerson: means an individual, sole proprietorship, partnership, cooperative, association, corporation, limited liability company, personal representative, receiver, trustee, assignee, or other legal or illegal entity. See Michigan Laws 750.159f Person: means an individual, sole proprietorship, partnership, association, or corporation. See Michigan Laws 450.771 Person: means an individual, sole proprietorship, partnership, association, or corporation. See Michigan Laws 450.792 Person: means an individual, corporation, partnership, limited liability company, association, governmental entity, or any other legal entity. See Michigan Laws 450.832 Person: means an individual, corporation, partnership, association, joint stock company, trust if the interests of the beneficiaries are evidenced by a security, limited liability company, or other legal entity. See Michigan Laws 451.412 Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Michigan Laws 451.922 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Person with disabilities: means an individual with 1 or more disabilities. See Michigan Laws 450.792 Personal care: means assistance with eating, dressing, personal hygiene, grooming, or maintenance of a medication schedule as directed and supervised by a vulnerable adult's physician. See Michigan Laws 750.145m Personal property: All property that is not real property. persons: shall include natural persons, corporations, partnerships, associations, companies, and syndicates. See Michigan Laws 451.302 Physical harm: means any injury to a vulnerable adult's physical condition. See Michigan Laws 750.145m Physician: means that term as defined in section 17001 or 17501. See Michigan Laws 333.17401 Physician: means an individual who is licensed or authorized under this article to engage in the practice of osteopathic medicine and surgery. See Michigan Laws 333.17501 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 agreement: means an agreement described in section 17547. See Michigan Laws 333.17501 Practice of optometry: means 1 or more of the following, but does not include the performance of invasive procedures:
(i) The examination of the human eye to ascertain the presence of defects or abnormal conditions that may be corrected, remedied, or relieved, or the effects of which may be corrected, remedied, or relieved by the use of lenses, prisms, or other mechanical devices. See Michigan Laws 333.17401Practice of osteopathic medicine and surgery: means a separate, complete, and independent school of medicine and surgery utilizing full methods of diagnosis and treatment in physical and mental health and disease, including the prescription and administration of drugs and biologicals, operative surgery, obstetrics, radiological and other electromagnetic emissions, and placing special emphasis on the interrelationship of the musculoskeletal system to other body systems. See Michigan Laws 333.17501 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. Prescription drug: means that term as defined in section 17708, but does not include a controlled substance as defined in section 7104 and included in schedule 2 under section 7214 or an oral cortical steroid. See Michigan Laws 333.17401 Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts primary election: as used in this act , shall mean a primary election held for the purpose of deciding by ballot who shall be the nominees for the offices named in this act, or for the election by ballot of delegates to political conventions. See Michigan Laws 168.7 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Proceeds: means any real, personal, or intangible property obtained through the commission of an offense included in the definition of racketeering, including any appreciation in the value of the property. See Michigan Laws 750.159f Proprietary account: means the account which is maintained by a business organization in the name of an individual person or organization and through which the business organization allows the person or organization to obtain goods, property, services, or any other thing of value on credit. See Michigan Laws 750.157m Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Prosecuting agency: means the attorney general of this state, or his or her designee, or the prosecuting attorney of a county, or his or her designee. See Michigan Laws 750.159f protective committee: shall include all persons who propose or purport to act, or who are now acting, for and in behalf of others and/or themselves with respect to a security and/or for the purpose of protecting and preserving the common interests of the holders or owners of the particular security. See Michigan Laws 451.302 Public health code: means 1978 PA 368, MCL 333. See Michigan Laws 750.145m 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: The number of legislators that must be present to do business. racketeering: means committing, attempting to commit, conspiring to commit, or aiding or abetting, soliciting, coercing, or intimidating a person to commit an offense for financial gain by obtaining money, property, or any other thing of value, involving any of the following:
(a) A felony violation of section 8 of the tobacco products tax act, 1993 PA 327, MCL 205. See Michigan Laws 750.159gReal property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Reckless act or reckless failure to act: means conduct that demonstrates a deliberate disregard of the likelihood that the natural tendency of the act or failure to act is to cause physical harm, serious physical harm, or serious mental harm. See Michigan Laws 750.145m Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 450.832 Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 451.922 Relocation: means the transfer of a part of a corporation's operation from 1 establishment to another existing or proposed establishment located at a distance from the first establishment which results in at least a 25-person reduction in the number of employees at the first establishment, but does not include a transfer from an establishment in 1 part of a political subdivision to an establishment in another part of the same political subdivision. See Michigan Laws 450.732 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. Resident: means an individual who resides in a facility. See Michigan Laws 750.145m Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. School board: means the governing body of a school district, including the board of trustees of a community college. See Michigan Laws 168.4 School district: means a school district, a local act school district, or an intermediate school district, as those terms are defined in the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 168.4 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nseal: means a seal of high tensile strength that is approved by the secretary of state under section 36. See Michigan Laws 168.14a securities: shall include bonds, notes, debentures, and any other instrument of like character used to evidence indebtedness. See Michigan Laws 451.302 Security procedure: means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. See Michigan Laws 450.832 Serious impairment of a body function: means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 750.200h Serious mental harm: means a mental injury that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner. See Michigan Laws 750.145m Serious physical harm: means a physical injury that threatens the life of a vulnerable adult, that causes substantial bodily disfigurement, or that seriously impairs the functioning or well-being of the vulnerable adult. See Michigan Laws 750.145m 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. sexually delinquent person: when used in this act shall mean any person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting sex relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16. See Michigan Laws 750.10a 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 Social welfare act: means 1939 PA 280, MCL 400. See Michigan Laws 750.145m solicitor: shall include all persons who procure or solicit directly or indirectly, or who are now procuring or soliciting directly or indirectly the deposit of securities with a depositary under a protective committee agreement or similar instrument and/or who procure or solicit directly or indirectly, or who are now procuring or soliciting directly or indirectly, the consent of holders or owners of securities to a protective committee agreement or similar instrument. See Michigan Laws 451.302 Speech-language pathologist: means an individual who is engaged in the practice of speech-language pathology. See Michigan Laws 333.17601 State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or possession subject to the jurisdiction of the United States. See Michigan Laws 450.832 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. 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. Substituted proceeds: means any real, personal, or intangible property obtained or any gain realized by the sale or exchange of proceeds. See Michigan Laws 750.159h Summons: Another word for subpoena used by the criminal justice system. Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act. Sweep arrangement: means an arrangement that provides for a temporary or permanent transfer of funds from 1 trust account to another trust account when a predetermined time, account balance, or other condition occurs or is fulfilled. See Michigan Laws 451.412 Task force: means the joint task force created in section 17025. See Michigan Laws 333.17501 Telecommunications system: means that term as defined in section 219a. See Michigan Laws 750.200h Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Transaction: means an action or set of actions occurring between 2 or more persons relating to the conduct of business, commercial, or governmental affairs. See Michigan Laws 450.832 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. Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC trust mortgage: means any trust mortgage, trust indenture or deed of trust given to secure bonds or other obligations issued and authenticated as therein set forth. See Michigan Laws 451.401 Trustee: A person or institution holding and administering property in trust. trustee: means the trustee or trustees of any such "trust mortgage. See Michigan Laws 451.401 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 Uniform voting system: means the type of voting system that is used at all elections in every election precinct throughout the state. See Michigan Laws 168.4 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Verdict: The decision of a petit jury or a judge. village: as used in this act , shall mean an incorporated village. See Michigan Laws 168.9 Vulnerable adult: means 1 or more of the following:
(i) An individual age 18 or over who, because of age, developmental disability, mental illness, or physical disability requires supervision or personal care or lacks the personal and social skills required to live independently. See Michigan Laws 750.145mWoman owned business: means a business of which more than 50% of the voting shares or interest in the business is owned, controlled, and operated by women and with respect to which more than 50% of the net profit or loss attributable to the business accrues to the women shareholders. See Michigan Laws 450.771 Writ: A formal written command, issued from the court, requiring the performance of a specific act.