Michigan Laws > Chapter 487 > Act 89 of 1986 – Michigan Bidco Act
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Terms Used In Michigan Laws > Chapter 487 > Act 89 of 1986 - Michigan Bidco Act
- Accredited association: means an association accredited in accordance with this act. See Michigan Laws 290.702
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Advisor: means a person who regularly provides legal, accounting, or management services or advice to a licensee. See Michigan Laws 487.1801
- 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.
- Agricultural commodity: means all perishable fruits and vegetables as defined by the department. See Michigan Laws 290.702
- 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.
- 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.
- Associate: means , if used with respect to a licensee:
(i) A controlling person, director, officer, manager, agent, or advisor of that licensee. See Michigan Laws 487.1801Association: means a cooperative association of producers or a division thereof, or a federation of cooperative associations of producers, engaged in the marketing, bargaining, shipping, or processing of an agricultural commodity on behalf of its members who are producers of the agricultural commodity. See Michigan Laws 290.702 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. bargaining: means the mutual obligation of a handler and an accredited association or their designated representatives to meet at reasonable times and confer and negotiate in good faith. See Michigan Laws 290.713 Buy: means to purchase, trade, or barter, or to offer to purchase, trade, or barter. See Michigan Laws 290.753 Close relative: means parent, child, sibling, spouse, father-in-law, mother-in-law, son-in-law, brother-in-law, daughter-in-law, or sister-in-law. See Michigan Laws 487.1801 Closing services: means services performed in connection with the providing of financing assistance. See Michigan Laws 487.1801 Collect: means the harvest of wild ginseng. See Michigan Laws 290.753 Collector: means a person who collects wild ginseng. See Michigan Laws 290.753 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. Cultivated ginseng: means ginseng growing or grown in managed beds under artificial or natural shade and cultivated according to recognized ginseng horticultural practices. See Michigan Laws 290.753 Dealer: means a person who buys, collects, or otherwise acquires ginseng roots in this state for resale or trade. See Michigan Laws 290.753 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the department of agriculture and rural development. See Michigan Laws 290.702 Department: means the department of agriculture. See Michigan Laws 290.753 Director: means the director of the department of agriculture or an authorized representative of the director. See Michigan Laws 290.753 Dry weight: means the weight in pounds and ounces of harvested or collected ginseng root that is dried and is no longer viable. See Michigan Laws 290.753 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Fiduciary: A trustee, executor, or administrator. Fraud: Intentional deception resulting in injury to another. Ginseng: means Panaxquinquefolius L. See Michigan Laws 290.753 Ginseng certificate: means a document issued by the department or other official agency authorized by the director that verifies the origin, quantity by weight, type, and condition of ginseng offered for inspection. See Michigan Laws 290.753 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Green weight: means the weight in pounds and ounces of freshly harvested or collected ginseng root that is not dried and is still viable. See Michigan Laws 290.753 Grower: means a person who grows cultivated ginseng. See Michigan Laws 290.753 Handler: means a person other than an association engaged in the business or practice of any of the following:
(i) Acquiring agricultural commodities from producers or associations for processing or sale. See Michigan Laws 290.702Harvest: means to cut, pick, dig, root up, or gather ginseng. See Michigan Laws 290.753 in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Member: means a producer who has entered into a contract with an association appointing the association as his or her exclusive agent in negotiations with handlers with respect to the marketing of an agricultural commodity. See Michigan Laws 290.702 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Natural habitat: means the environment where a species exists as a natural population. See Michigan Laws 290.753 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. 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. 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, or association. See Michigan Laws 290.702 Person: means an individual, sole proprietorship, partnership, corporation, limited liability company, association, governmental entity, or other legal entity. See Michigan Laws 290.753 person: as used in this act , shall be construed to include 1 or more persons, firms, partnerships or associations. See Michigan Laws 308.142 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Personal property: All property that is not real property. Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Producer: means any person who produces or causes to be produced in any 1 marketing period within the previous 2 marketing periods any agricultural commodity in a quantity beyond his or her own family use and having a minimum value at first point of sale as determined by the department for that agricultural commodity, and who is able, during the marketing period, to transfer to a handler or an association a merchantable title to the agricultural commodity or provide management, labor, machinery, facilities, or any other production input, with the assumption of risk, for the production of the agricultural commodity under a written or oral contract. See Michigan Laws 290.702 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Purchaser: means a person who buys or otherwise acquires ginseng from a grower, collector, or other purchaser for resale or trade. See Michigan Laws 290.753 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. Sell: means to sell, trade, or barter, or to offer to sell, trade, or barter. See Michigan Laws 290.753 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 Short-term financing assistance: means financing assistance with a term of not more than 5 years. See Michigan Laws 487.1801 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. Subpoena: A command to a witness to appear and give testimony. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Unfair practices: means those practices prohibited under section 4. See Michigan Laws 290.702 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Wild ginseng: means ginseng growing or grown in an uncultivated state or harvested from its natural habitat. See Michigan Laws 290.753 Woodsgrown ginseng: means ginseng growing or grown in managed beds under natural shade. See Michigan Laws 290.753 Writ: A formal written command, issued from the court, requiring the performance of a specific act.