Part 1 General Provisions
Part 2 Venue for Probate and Administration, Priority to Administer, and Demand for Notice
Part 3 Informal Probate and Appointment Proceedings
Part 4 Formal Testacy and Appointment Proceedings
Part 5 Supervised Administration
Part 6 Personal Representative and Appointment, Control, and Termination of Authority
Part 7 Duties and Powers of Personal Representatives
Part 8 Creditors’ Claims
Part 9 Special Provisions Relating to Distribution
Part 10 Closing Estates
Part 11 Collection of Personal Property by Sworn Statement, Small Estates, and Summary Administrative Proceedings

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Terms Used In Michigan Laws > Chapter 700 > Act 386 of 1998 > Article III - Probate of Wills and Administration

  • Active duty firearms standard: means the in-service standard for the training and qualification of active duty law enforcement officers as mandated by the commission under the commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.512
  • Adjudication of guilt: means any of the following:
  (i) Entry of a judgment or verdict of guilty, or guilty but mentally ill, following a trial. See Michigan Laws 28.602
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: means a person or group of persons that directly or indirectly through 1 or more intermediaries controls, is controlled by, or is under common control with another person and engaged in a business or transaction regulated by this act. See Michigan Laws 445.1651a
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agent: includes , but is not limited to, an attorney-in-fact under a durable or nondurable power of attorney and an individual authorized to make decisions as a patient advocate concerning another's health care. See Michigan Laws 700.1103
  • Alcoholic liquor: means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.80101
  • Alcoholic liquor: means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436. See Michigan Laws 28.512
  • Allegation: something that someone says happened.
  • Alternate valuation date: The earlier of the date six months after the decedent
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • 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
  • 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.
  • Application: means a written request to the probate register for an order of informal probate or informal appointment under part 3 of article III. See Michigan Laws 700.1103
  • Application period: means the period beginning when an application for a permit is received by the state and ending when the application is considered to be administratively complete under section 1305 and any applicable fee has been paid. See Michigan Laws 324.1301
  • 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.
  • Articles: means the articles of incorporation of an authority. See Michigan Laws 324.901
  • Articles pyrotechnic: means pyrotechnic devices for professional use that are similar to consumer fireworks in chemical composition and construction but not intended for consumer use, that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 under 49 C. See Michigan Laws 28.452
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Associated equipment: means any of the following that are not radio equipment:
  •   (i) An original system, part, or component of a personal watercraft at the time that boat was manufactured, or a similar part or component manufactured or sold for replacement. See Michigan Laws 324.80201
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: means , if appointed to represent a child under the provisions referenced in section 5213, an attorney serving as the child's legal advocate in the manner defined and described in section 13a of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 700.1103
  • Authority: means a joint city-state environmental management authority created pursuant to section 902. See Michigan Laws 324.901
  • 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.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: includes , but is not limited to, the following:
  •   (i) In relation to a trust, a person that is a trust beneficiary as defined in section 7103. See Michigan Laws 700.1103
  • Bequest: Property gifted by will.
  • Board: means the board of directors of the authority. See Michigan Laws 324.901
  • Board: means the municipal fire service classification board created by section 2. See Michigan Laws 28.651
  • Board: means the Michigan natural resources trust fund board established in section 1905. See Michigan Laws 324.1901
  • board: means the environmental science board created in section 2603. See Michigan Laws 324.2601
  • Boat: means a vessel. See Michigan Laws 324.80101
  • Boat livery: means that term as defined in section 44501. See Michigan Laws 324.80201
  • Boating safety certificate: means any of the following:
  •   (i) The document issued by the department under part 802 that certifies that the individual named in the document has successfully completed a boating safety course and passed an examination approved and administered as required under section 80212. See Michigan Laws 324.80101
  • Boating safety certificate: means either of the following:
  •   (i) The document issued by the department under this part that certifies that the individual named in the document has successfully completed a boating safety course and passed an examination approved and administered as required under section 80211. See Michigan Laws 324.80201
  • Boating safety course: means a course that meets both of the following requirements:
  •   (i) Provides instruction on the safe operation of a personal watercraft that meets or exceeds the minimum course content for boating or personal watercraft education established by the national association of state boating law administrators education committee (October 1996). See Michigan Laws 324.80201
  • Bonds or other evidences of indebtedness: means any instrument providing for the payment of money, executed by or on behalf of a public corporation or which a public corporation has assumed and agreed to pay, including, without limitation on the foregoing bonds, notes, contracts, leases and certificates, but shall not include bonds or other evidences of indebtedness issued pursuant to Act No. See Michigan Laws 141.151
  • Borrower: means a public corporation exercising the power to issue bonds as provided in this act or a county treasurer exercising the power to issue notes as provided in this act. See Michigan Laws 141.103
  • Certificate: means a commission-issued document that identifies a qualified retired law enforcement officer who is certified under 18 USC 926C and this act. See Michigan Laws 28.512
  • Certificate holder: means a qualified retired law enforcement officer who is issued a certificate by the commission. See Michigan Laws 28.512
  • certified: means official recognition by the commission that a retired law enforcement officer has met the active duty firearms standard in this state and is eligible to carry a concealed firearm under 18 USC 926C. See Michigan Laws 28.512
  • Channel: means either of the following:
  •   (i) The deepest part of a stream, bay, or straight through which the main current flows. See Michigan Laws 324.80201
  • charter county: means a home rule county created under Act No. See Michigan Laws 330.1200a
  • 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: means an individual less than 17 years of age. See Michigan Laws 28.258
  • Child: includes , but is not limited to, an individual entitled to take as a child under this act by intestate succession from the parent whose relationship is involved. See Michigan Laws 700.1103
  • Citation: means that term as described in section 17a. See Michigan Laws 28.452
  • Claim: includes , but is not limited to, in respect to a decedent's or protected individual's estate, a liability of the decedent or protected individual, whether arising in contract, tort, or otherwise, and a liability of the estate that arises at or after the decedent's death or after a conservator's appointment, including funeral and burial expenses and costs and expenses of administration. See Michigan Laws 700.1103
  • Clearinghouse: means the missing child information clearinghouse established under section 9. See Michigan Laws 28.258
  • Clerk: means the clerk of a township elected under chapter XVI of Act No. See Michigan Laws 41.1b
  • Commanding officer: means the director of the department of state police or the director's designee. See Michigan Laws 28.241a
  • Commercial manufacturer: means a person engaged in the manufacture of consumer fireworks. See Michigan Laws 28.452
  • Commission: means the commission on law enforcement standards established under section 3 of the commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.512
  • Commission: means the Michigan commission on law enforcement standards created in section 3 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.562
  • Commission: means the Michigan commission on law enforcement standards created in this act or, by express delegation of the Michigan commission on law enforcement standards, its executive director and staff. See Michigan Laws 28.602
  • Commission: means the commission on law enforcement standards created under the commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.632
  • commission: means the environmental permit review commission established under section 1313(1). See Michigan Laws 324.1301
  • Commission: means the commission of natural resources. See Michigan Laws 324.301
  • Commissioner: means the commissioner of the office of financial and insurance regulation of the department of licensing and regulatory affairs or his or her authorized agent. See Michigan Laws 445.1651a
  • 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.
  • Company: means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations, that exists for profit-making purposes. See Michigan Laws 129.292
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concession: means an agreement between the department and a person under terms and conditions as specified by the department to provide services or recreational opportunities for public use. See Michigan Laws 324.83101
  • Conservator: means a person appointed by a court to manage a protected individual's estate. See Michigan Laws 700.1103
  • Consumer fireworks: means fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C. See Michigan Laws 28.452
  • Consumer fireworks certificate: means a certificate issued under section 4. See Michigan Laws 28.452
  • Contested case: means that term as defined in section 3 of the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 28.602
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Control person: means a director or executive officer of a licensee or registrant or an individual who has the authority to participate in the direction, directly or indirectly through 1 or more other persons, of the management or policies of a licensee or registrant. See Michigan Laws 445.1651a
  • Controlled substance: means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.80101
  • Controlled substance: means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 28.512
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, a finding of guilt, or a probate court or family division disposition on a violation of this part, regardless of whether the penalty is rebated or suspended. See Michigan Laws 324.80101
  • Coordinator: means the coordinator of environmental education provided for in section 2503. See Michigan Laws 324.2502
  • 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.
  • costs: means the costs of purchasing, acquiring, constructing, improving, enlarging, extending, or repairing a public improvement, including any engineering, architectural, legal, accounting, financial, and other expenses incident to the public improvement. See Michigan Laws 141.103
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County treasurer: means an elected county treasurer or a county treasurer appointed under section 5 of 1923 PA 199, MCL 201. See Michigan Laws 141.103
  • Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means a person and an authorized representative of that person who annually purchases from a manufacturer, or who is engaged in selling or manufacturing, 6 or more vessels that require certificates of number under this part. See Michigan Laws 324.80102
  • Dealer: means a person and an authorized representative of that person who annually purchases from a manufacturer, or who is engaged in selling or manufacturing, 6 or more personal watercraft that require certificates of number under part 801. See Michigan Laws 324.80201
  • 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.
  • Delinquent tax revenues: means the delinquent taxes, interest, penalties and fees, and chargebacks of uncollected delinquent taxes due or to become due to local units of government to be collected by a county treasurer as agent for the local unit of government in connection with a delinquent tax system and pledged to any borrowing by a county treasurer under section 7b. See Michigan Laws 141.103
  • Delinquent tax system: means the delinquent tax revolving fund in any county created and designated under section 87b of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 141.103
  • Department: means the department of state police. See Michigan Laws 28.241a
  • Department: means the department of state police. See Michigan Laws 28.258
  • Department: means the department of licensing and regulatory affairs. See Michigan Laws 28.452
  • Department: means the department of natural resources. See Michigan Laws 324.80201
  • Department: means the department, agency, or officer authorized by this act to approve or deny an application for a particular permit. See Michigan Laws 324.1301
  • Department: means the department of natural resources. See Michigan Laws 324.83101
  • Department: means the department of environmental quality. See Michigan Laws 324.2301
  • Department: means the department of environmental quality. See Michigan Laws 324.2701
  • Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
  • Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301
  • Dependent: A person dependent for support upon another.
  • Dependent: means any individual who was substantially reliant for support upon the income of the deceased public safety officer. See Michigan Laws 28.632
  • 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 financial institution: means a state or nationally chartered bank, a state or federally chartered savings and loan association, savings bank, or credit union, or an entity of the federally chartered farm credit system. See Michigan Laws 445.1651a
  • Descendant: means , in relation to an individual, all of his or her descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this act. See Michigan Laws 700.1103
  • Devise: To gift property by will.
  • Devise: means , when used as a noun, a testamentary disposition of real or personal property and, when used as a verb, to dispose of real or personal property by will. See Michigan Laws 700.1103
  • Devisee: means a person designated in a will to receive a devise. See Michigan Laws 700.1103
  • Direct and proximate: means that the antecedent event is a substantial factor in the result. See Michigan Laws 28.632
  • Director: means the director of the department of natural resources. See Michigan Laws 324.80201
  • Director: means the director of the department. See Michigan Laws 324.83101
  • Director: means the director of the state department authorized under this act to approve or deny an application for a particular permit or the director's designee. See Michigan Laws 324.1301
  • Director: means the director of the department. See Michigan Laws 324.2301
  • Director: means the director of the department of natural resources. See Michigan Laws 324.301
  • Disability: means cause for a protective order as described in section 5401. See Michigan Laws 700.1103
  • Display fireworks: means large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as provided in 27 C. See Michigan Laws 28.452
  • Distributee: means a person that receives a decedent's property from the decedent's personal representative or trust property from the trustee other than as a creditor or purchaser. See Michigan Laws 700.1103
  • Donor: The person who makes a gift.
  • Elector: means an individual who has the qualifications of an elector under section 492 of the Michigan election law, 1954 PA 116, MCL 168. See Michigan Laws 61.1a
  • electric revenue certificates: means evidences of obligations, incurred by any city or village for or to provide funds for the extension or improvement of its electric plant or system, which are payable solely from the revenues derived from the operation of said plant or system, in whatever form. See Michigan Laws 141.312
  • 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
  • Enhanced driver license: means an operator's or chauffeur's license issued to an individual under this act for the following purposes:
  •   (i) Use in entering the United States at land and sea ports. See Michigan Laws 28.302
  • Enhanced official state personal identification card: means an official state personal identification card issued under this act to an individual who is a United States citizen who resides in this state for the following purposes:
  •   (i) Use in entering the United States at land and sea ports. See Michigan Laws 28.302
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Environmental education: means the teaching of factual information regarding the natural environment, including basic sciences, ecological sciences, agricultural sciences, and other relevant subject matter, and the interdisciplinary process of developing a citizenry that is knowledgeable about the total environment and has the capacity and the commitment to engage in inquiry, problem solving, decision making, and action that will assure environmental quality. See Michigan Laws 324.2502
  • Environmental law: means a federal, state, or local law, rule, regulation, or ordinance that relates to the protection of the environment or human health. See Michigan Laws 700.1104
  • 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.
  • Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this act as the property is originally constituted and as it exists throughout administration. See Michigan Laws 700.1104
  • 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.
  • Executive director: means the executive director of the commission appointed under this act. See Michigan Laws 28.602
  • Executive officer: means an officer, member, or partner of a licensee or registrant. See Michigan Laws 445.1651a
  • Executor: A male person named in a will to carry out the decedent
  • Exempt property: means property of a decedent's estate that is described in section 2404. See Michigan Laws 700.1104
  • exhibition: means an organized water event of limited duration that is conducted according to a prearranged schedule. See Michigan Laws 324.80104
  • 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.
  • Family allowance: means the allowance prescribed in section 2403. See Michigan Laws 700.1104
  • Felony: means , except as otherwise provided in this subdivision, that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 175, MCL 761. See Michigan Laws 28.421
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: includes , but is not limited to, a personal representative, funeral representative, guardian, conservator, trustee, plenary guardian, partial guardian, and successor fiduciary. See Michigan Laws 700.1104
  • Fiduciary: means any of the following:
  •   (i) The Michigan legislative retirement system board of trustees for the Tier 1 retirement plan available under the Michigan legislative retirement system act, 1957 PA 261, MCL 38. See Michigan Laws 129.292
  • Financial institution: means an organization authorized to do business under state or federal laws relating to a financial institution and includes, but is not limited to, a bank, trust company, savings bank, building and loan association, savings and loan company or association, credit union, insurance company, and entity that offers mutual fund, securities brokerage, money market, or retail investment accounts. See Michigan Laws 700.1104
  • Financial licensing act: means the consumer financial services act, 1988 PA 161, MCL 487. See Michigan Laws 445.1651a
  • Fire service classification scale: means the criteria by which a fire service delivery system is evaluated. See Michigan Laws 28.651
  • Fire service delivery system: means all the equipment, personnel, procedures, and resources which are utilized in the prevention and suppression of fire. See Michigan Laws 28.651
  • Firearm: means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 28.421
  • Firearm: means that term as defined in section 1 of 1927 PA 372, MCL 28. See Michigan Laws 28.512
  • firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t
  • Firearms records: means any form, information, or record required for submission to a government agency under sections 2, 2a, 2b, and 5b, or any form, permit, or license issued by a government agency under this act. See Michigan Laws 28.421
  • Firefighter: means a regularly employed member of a fire department of a city, county, township, village, state university, or community college or any authority, district, board, or other entity created in whole or in part by 1 or more cities, counties, villages, or townships, or a member of the department of natural resources who is employed to fight fires. See Michigan Laws 28.632
  • fireworks: means any composition or device, except for a starting pistol, a flare gun, or a flare, designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. See Michigan Laws 28.452
  • Fireworks safety fund: means the fireworks safety fund created in section 11. See Michigan Laws 28.452
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign country: means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and 1 or more of the following:
  •   (i) That has been declared under the law of the United States to be a foreign reciprocating country. See Michigan Laws 552.2102
  • Foreign support order: means a support order of a foreign tribunal. See Michigan Laws 552.2102
  • Forest recreation account: means the forest recreation account of the Michigan conservation and recreation legacy fund provided for in section 2005. See Michigan Laws 324.83101
  • Forest recreation account: means the forest recreation account of the legacy fund provided for in section 2005. See Michigan Laws 324.2001
  • 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
  • Formal proceedings: means proceedings conducted before a judge with notice to interested persons. See Michigan Laws 700.1104
  • Former employing law enforcement agency: means a law enforcement agency in this state that was the employer of, or that issued an oath of office to, a law enforcement officer licensed under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.562
  • 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
  • Funeral establishment: means that term as defined in section 1801 of the occupational code, 1980 PA 299, MCL 339. See Michigan Laws 700.1104
  • Funeral representative: means an individual designated to have the right and power to make decisions about funeral arrangements and the handling, disposition, or disinterment of a decedent's body, including, but not limited to, decisions about cremation, and the right to possess cremated remains of the decedent as provided in section 3206. See Michigan Laws 700.1104
  • Funeral representative designation: means a written document executed and with the effect as described in section 3206 to 3206b. See Michigan Laws 700.1104
  • Game and fish protection account: means the game and fish protection account of the legacy fund provided for in section 2010. See Michigan Laws 324.2001
  • 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 personal representative: means a personal representative other than a special personal representative. See Michigan Laws 700.1104
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means for a county, the board of commissioners; for a city, the body having legislative powers; for a village, the body having legislative powers; for a township, the township board; for a school district, the board of education; for a port district, the port commission; for a metropolitan district, the legislative body of the district; for a municipal health facilities corporation, the board of trustees; for a nonprofit subsidiary municipal health facilities corporation, the nonprofit subsidiary board; and for an authority, the body in which is lodged general governing powers. See Michigan Laws 141.103
  • Governing entity: means either of the following, as applicable:
  •   (i) For any public body except a public body described in subparagraph (ii), the governing board of the public body. See Michigan Laws 28.582
  • Governing instrument: means a deed; will; trust; funeral representative designation; insurance or annuity policy; account with POD designation; security registered in beneficiary form (TOD); pension, profit-sharing, retirement, or similar benefit plan; instrument creating or exercising a power of appointment or a power of attorney; or dispositive, appointive, or nominative instrument of any similar type. See Michigan Laws 700.1104
  • Grade: means the fire protection level which a fire service delivery system achieves on the fire service classification scale. See Michigan Laws 28.651
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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.
  • Guardian: means a person who has qualified as a guardian of a minor or a legally incapacitated individual under a parental or spousal nomination or a court appointment and includes a limited guardian as described in sections 5205, 5206, and 5306. See Michigan Laws 700.1104
  • Hazardous substance: means a substance defined as hazardous or toxic or otherwise regulated by an environmental law. See Michigan Laws 700.1104
  • Heir: means , except as controlled by section 2720, a person, including the surviving spouse or the state, that is entitled under the statutes of intestate succession to a decedent's property. See Michigan Laws 700.1104
  • Highly restricted personal information: includes an individual's photograph or image, Social Security number, digitized signature, and medical and disability information and source documents presented by an applicant to obtain a personal identification card under section 1. See Michigan Laws 28.291a
  • Highly restricted personal information: means an individual's photograph or image, Social Security number, digitized signature, and medical and disability information. See Michigan Laws 324.80104
  • Highly restricted personal information: means an individual's photograph or image, social security number, digitized signature, and medical and disability information. See Michigan Laws 324.80301
  • Homemade fireworks: means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation that is not produced by a commercial manufacturer and does not comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission under 16 C. See Michigan Laws 28.452
  • Homestead allowance: means the allowance prescribed in section 2402. See Michigan Laws 700.1104
  • 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
  • Incapacitated individual: means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions. See Michigan Laws 700.1105
  • Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. See Michigan Laws 552.2102
  • Income-withholding order: means an order or other legal process directed to an obligor's employer or other debtor, as defined by the support and parenting time enforcement act, 1982 PA 295, MCL 552. See Michigan Laws 552.2102
  • 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
  • Informal proceedings: means proceedings for probate of a will or appointment of a personal representative conducted by the probate register without notice to interested persons. See Michigan Laws 700.1105
  • initiate a service credit purchase: means to complete payment or to enter into a tax-deferred payment arrangement in a form and manner prescribed by the retirement system. See Michigan Laws 38.1379b
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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
  • Intestate: Dying without leaving a will.
  • Investment: means 1 or more of the following:
  •   (i) A commitment or contribution of funds or property. See Michigan Laws 129.312
  • Iran: means any agency or instrumentality of Iran. See Michigan Laws 129.312
  • Iran linked business: means either of the following:
  •   (i) A person engaging in investment activities in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran. See Michigan Laws 129.312
  • Issue: means an individual's descendant. See Michigan Laws 700.1105
  • Issuing authority: means the United States coast guard or a state that has a numbering system approved by the United States coast guard. See Michigan Laws 324.80102
  • Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Michigan Laws 552.2102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juvenile history record information: means name; date of birth; personal descriptions including identifying marks, scars, amputations, and tattoos; aliases and prior names; social security number, driver's license number, and other identifying numbers; and information on juvenile offense arrests and adjudications or convictions. See Michigan Laws 28.241a
  • Law: includes decisional and statutory law and rules and regulations having the force of law. See Michigan Laws 552.2102
  • Law enforcement agency: means the department, a police agency of a city, village, or township, a sheriff's department, or any other governmental law enforcement agency in this state. See Michigan Laws 28.258
  • Law enforcement agency: means an entity that is established and maintained in accordance with the laws of this state and is authorized by the laws of this state to appoint or employ law enforcement officers. See Michigan Laws 28.602
  • Law enforcement officer: means :
  •   (i) Except as provided in subparagraph (ii), an individual employed by a law enforcement agency as 1 or more of the following:
      (A) An individual authorized by law, including common law, to prevent and detect crime and enforce the general criminal laws of this state. See Michigan Laws 28.602
  • Law enforcement officer: means an individual involved in crime and juvenile delinquency control or reduction or enforcement of the criminal law. See Michigan Laws 28.632
  • law enforcement officer: means that term as defined in section 2 of the commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.693
  • Law enforcement training academy: means any of the following:
  •   (i) An agency basic law enforcement training academy. See Michigan Laws 28.602
  • Law of another state: means a law or ordinance enacted by any of the following:
  •   (i) Another state. See Michigan Laws 324.80102
  • Lease: includes , but is not limited to, an oil, gas, or other mineral lease. See Michigan Laws 700.1105
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legacy fund: means the Michigan conservation and recreation legacy fund established in section 40 of article IX of the state constitution of 1963 and provided for in section 2002. See Michigan Laws 324.2001
  • Legally incapacitated individual: means an individual, other than a minor, for whom a guardian is appointed under this act or an individual, other than a minor, who has been adjudged by a court to be an incapacitated individual. See Michigan Laws 700.1105
  • Legislative body: means the board, council, commission, or other body having legislative or general governing power of a public corporation. See Michigan Laws 141.162
  • LEIN: means law enforcement information network regulated under the C. See Michigan Laws 28.258
  • Letters: includes , but is not limited to, letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship. See Michigan Laws 700.1105
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means documentation of licensure by the commission under this act. See Michigan Laws 28.602
  • License: means a license issued under this act. See Michigan Laws 445.1651a
  • Licensee: means a person licensed or required to be licensed under this act. See Michigan Laws 445.1651a
  • Licensing standards: means the requirements with which a person must comply for licensure as a law enforcement officer under this act. See Michigan Laws 28.602
  • Licensure: means a determination by the commission that both of the following occurred in compliance with this act and rules promulgated under this act:
  •   (i) The person to whom the license is issued commenced employment as a law enforcement officer, subject to a written oath of office or other written instrument conferring law enforcement authority. See Michigan Laws 28.602
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lifeboat: means a small boat designated and used solely for lifesaving purposes, and does not include a dinghy, tender, speedboat, or other type of craft that is not carried aboard a vessel for lifesaving purposes. See Michigan Laws 324.80102
  • Line of duty: means either of the following:
  •   (i) Any action which an officer whose primary function is crime control or reduction, enforcement of the criminal law, or suppression of fires is obligated or authorized by rule, regulations, condition of employment or service, or law to perform, including those social, ceremonial, or athletic functions to which the officer is assigned, or for which the officer is compensated, by the public agency he or she serves. See Michigan Laws 28.632
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local corrections officer: means that term as defined in section 2 of the local corrections officers training act, 2003 PA 125, MCL 791. See Michigan Laws 28.421
  • Local government agency: means a county, city, village, or township in this state. See Michigan Laws 28.302
  • local unit: means a municipality or county. See Michigan Laws 324.301
  • Local unit of government: means a city, village, or township. See Michigan Laws 28.452
  • Local unit of government or public authority: means a county, city, township, village, school district, the Huron-Clinton metropolitan authority, or any authority composed of counties, cities, townships, villages, or school districts, or any combination of these entities, and legally constituted to provide public recreation. See Michigan Laws 324.1901
  • Low-impact fireworks: means ground and handheld sparkling devices as that phrase is defined under APA Standard 87-1, 3. See Michigan Laws 28.452
  • Majority leader: see Floor Leaders
  • Manufacturer: means a person engaged in any of the following:
  •   (i) The manufacture, construction, or assembly of boats or associated equipment. See Michigan Laws 324.80103
  • Manufacturer: means a person engaged in any of the following:
  •   (i) The manufacture, construction, or assembly of personal watercraft or associated equipment. See Michigan Laws 324.80201
  • Marine law: means this part, a local ordinance adopted in conformity with this part, or a rule promulgated under this part. See Michigan Laws 324.80103
  • Marine safety act: means former Act No. See Michigan Laws 324.80103
  • Marine safety program: means marine law enforcement, search and rescue operations, water safety education, recovery of drowned bodies, and boat livery inspections. See Michigan Laws 324.80103
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Medical benefit plan: means a plan to provide for the payment of medical, optical, or dental benefits, including, but not limited to, hospital and physician services, prescription drugs, and related benefits. See Michigan Laws 28.632
  • Member of a rescue squad or ambulance crew: means an emergency medical technician, a medical first responder, or a paramedic, as those terms are defined in sections 20904, 20906, and 20908 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 28.632
  • mental disability: includes Alzheimer's disease and dementia. See Michigan Laws 28.258
  • Michigan conservation and recreation legacy fund: means the Michigan conservation and recreation legacy fund established in section 40 of article IX of the state constitution of 1963 and provided for in section 2002. See Michigan Laws 324.301
  • Michigan prudent investor rule: means the fiduciary investment and management rule prescribed by part 5 of this article. See Michigan Laws 700.1106
  • Michigan state parks endowment fund: means the Michigan state parks endowment fund established in section 35a of article IX of the state constitution of 1963 and provided for in section 74119. See Michigan Laws 324.1901
  • Michigan tribal law enforcement officer: means an individual employed as a law enforcement officer by a federally recognized Indian tribe that has trust lands located within this state, subject to a written instrument authorizing the individual to enforce the laws of this state. See Michigan Laws 28.602
  • Michigan vehicle code: means Act No. See Michigan Laws 324.80103
  • Minor: means an individual who is less than 18 years of age. See Michigan Laws 28.452
  • Minor: means an individual who is less than 18 years of age. See Michigan Laws 700.1106
  • Misdemeanor: means either of the following:
  •   (i) A violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine. See Michigan Laws 28.241a
  • Misdemeanor: means a violation of a penal law of this state or violation of a local ordinance substantially corresponding to a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine, or both. See Michigan Laws 28.421
  • Money: means legal tender or a note, draft, certificate of deposit, stock, bond, check, or credit card. See Michigan Laws 700.1106
  • 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: means a conveyance, agreement, or arrangement in which property is encumbered or used as security. See Michigan Laws 700.1106
  • Mortgage loan: means a loan secured by a first mortgage on real property located in this state and used, or improved for use, as a dwelling and designed for occupancy by 4 or fewer families or a land contract covering real property located in this state used, or improved for use, as a dwelling and designed for occupancy by 4 or fewer families. See Michigan Laws 445.1651a
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgage servicer: means a person that, directly or indirectly, services or offers to service mortgage loans. See Michigan Laws 445.1651a
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motorboat: means a vessel propelled wholly or in part by machinery. See Michigan Laws 324.80103
  • Municipality: means a city, village, township, or county. See Michigan Laws 28.651
  • Municipality: means a city, village, or township. See Michigan Laws 324.301
  • Net revenues: means the revenues of a public improvement remaining after deducting the reasonable expenses of administration, operation, and maintenance of the public improvement. See Michigan Laws 141.103
  • NFPA: means the National Fire Protection Association headquartered at 1 Batterymarch Park, Quincy, Massachusetts. See Michigan Laws 28.452
  • 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.
  • Nonresident decedent: means a decedent who was domiciled in another jurisdiction at the time of his or her death. See Michigan Laws 700.1106
  • Novelties: means that term as defined under APA Standard 87-1, 3. See Michigan Laws 28.452
  • 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.
  • Obligee: means 1 or more of the following:
  •   (i) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued. See Michigan Laws 552.2102
  • Obligor: means an individual about whom 1 of the following is true, or the estate of a decedent about whom 1 of the following was true before the individual's death:
  •   (i) Owes or is alleged to owe a duty of support. See Michigan Laws 552.2102
  • Off-road vehicle account: means the off-road vehicle account of the legacy fund provided for in section 2015. See Michigan Laws 324.2001
  • Officer: means the village president, clerk, or treasurer, a village trustee, or an appointed person authorized by the council. See Michigan Laws 61.1a
  • officer: means any individual serving a public agency or any authority, district, board, or other entity created in whole or in part by 1 or more cities, counties, villages, or townships, in an official capacity, with or without compensation, as a law enforcement officer, firefighter, or member of a rescue squad or ambulance crew. See Michigan Laws 28.632
  • Operate: means to be in control of a vessel while the vessel is under way and is not secured in some manner such as being docked or at anchor. See Michigan Laws 324.80103
  • Operate: means to be in control of a personal watercraft while the personal watercraft is under way and is not docked or at anchor or secured in another way. See Michigan Laws 324.80201
  • Operator: means the person who is in control or in charge of a vessel while that vessel is underway. See Michigan Laws 324.80103
  • Operator: means the person who is in control or in charge of a personal watercraft while that vessel is under way. See Michigan Laws 324.80201
  • Order: means the legislative enactment of a county treasurer's powers under this act. See Michigan Laws 141.103
  • Ordinance: means an ordinance, resolution, or other appropriate legislative enactment of the governing body of a public corporation. See Michigan Laws 141.103
  • Organized fire department: means an organization or department which provides a fire service delivery system within a municipality and is a fire department of a municipality or is a fire service delivery system designated by a municipality pursuant to a contract with that municipality. See Michigan Laws 28.651
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person who claims or is entitled to lawful possession of a vessel by virtue of that person's legal title or equitable interest in a vessel. See Michigan Laws 324.80103
  • Owner: means a person who claims or is entitled to lawful possession of a personal watercraft by virtue of that person's legal title or equitable interest in a personal watercraft. See Michigan Laws 324.80201
  • panel: means a panel of the environmental permit review commission, appointed under section 1315(2). See Michigan Laws 324.1301
  • Parent: includes , but is not limited to, an individual entitled to take, or who would be entitled to take, as a parent under this act by intestate succession from a child who dies without a will and whose relationship is in question. See Michigan Laws 700.1106
  • Park: means an area of land or water, or both, dedicated to 1 or more of the following uses:
  •   (i) Recreational purposes, including but not limited to landscaped tracts; picnic grounds; playgrounds; athletic fields; camps; campgrounds; zoological and botanical gardens; swimming, boating, hunting, fishing, and birding areas; and foot and bridle paths. See Michigan Laws 141.321
  • 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.
  • Patient advocate: means an individual designated to exercise powers concerning another individual's care, custody, and medical or mental health treatment or authorized to make an anatomical gift on behalf of another individual, or both, as provided in section 5506. See Michigan Laws 700.1106
  • Peace officer: means , except as otherwise provided in this act, an individual who is employed as a law enforcement officer, as that term is defined under section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.421
  • Peace officer: means any of the following:
  •   (i) A sheriff. See Michigan Laws 324.80104
  • Peace officer: means an officer of a law enforcement agency of the state, the federal government, or a county, township, city, or village who is responsible for the prevention and detection of crime and enforcement of the criminal laws of this state, and includes a motor carrier officer appointed under section 6d of 1935 PA 59, MCL 28. See Michigan Laws 28.512
  • Peace officer: means 1 or both of the following:
  •   (i) A law enforcement officer as that term is defined in section 2 of the commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 324.80201
  • Permanent and total disability: means medically determinable consequences of a catastrophic, line-of-duty injury that permanently prevent a former public safety officer from performing any gainful work. See Michigan Laws 28.632
  • Permanent building or structure: is a building or structure that is affixed to a foundation on a site that has fixed utility connections and that is intended to remain on the site for more than 180 consecutive calendar days. See Michigan Laws 28.452
  • Person: means any of the following:
  •   (i) An individual, corporation, company, limited liability company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group. See Michigan Laws 129.312
  • Person: means an individual, agent, association, charitable organization, company, limited liability company, corporation, labor organization, legal representative, partnership, unincorporated organization, or any other legal or commercial entity. See Michigan Laws 28.452
  • Person: means an individual, corporation, limited liability company, partnership, association, governmental entity, or other legal entity. See Michigan Laws 324.80201
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Michigan Laws 552.2102
  • Person: means an individual, corporation, limited liability company, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 445.1651a
  • Person: means an individual or an organization. See Michigan Laws 700.1106
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
  • Personal information: means information that identifies an individual, including the individual's photograph or image, name, address (but not the 5-digit zip code), driver license number, Social Security number, telephone number, digitized signature, and medical and disability information. See Michigan Laws 28.291a
  • Personal information: means information that identifies an individual, including an individual's driver license number, name, address not including zip code, and telephone number, but does not include information on watercraft operation and equipment-related violations or civil infractions, operator or vehicle registration status, accidents, or other behaviorally related information. See Michigan Laws 324.80104
  • Personal information: means information that identifies an individual, including an individual's driver identification number, name, address not including zip code, and telephone number. See Michigan Laws 324.80301
  • Personal property: All property that is not real property.
  • Personal representative: includes , but is not limited to, an executor, administrator, successor personal representative, and special personal representative, and any other person, other than a trustee of a trust subject to article VII, who performs substantially the same function under the law governing that person's status. See Michigan Laws 700.1106
  • Personal watercraft: means a vessel that meets all of the following requirements:
  •   (i) Uses a motor-driven propeller or an internal combustion engine powering a water jet pump as its primary source of propulsion. See Michigan Laws 324.80201
  • Petition: means a written request to the court for an order after notice. See Michigan Laws 700.1106
  • Pistol: means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm. See Michigan Laws 28.421
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • political subdivision: as used in this act shall be construed to mean any county, city, village, township, school district or other local unit of this state. See Michigan Laws 141.265
  • Political subdivision: means a county, metropolitan authority, municipality, or combination of those entities in this state. See Michigan Laws 324.80104
  • Political subdivision: means a county, metropolitan authority, municipality, or combination of those entities in this state. See Michigan Laws 324.80201
  • Port: means left, and reference is to the port side of a vessel or to the left side of the vessel. See Michigan Laws 324.80104
  • 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
  • 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.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Prior conviction: means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
  •   (i) A violation or an attempted violation of section 80176(1), (3), (4), (5), (6), or (7), except that only 1 violation or attempted violation of section 80176(6), a local ordinance substantially corresponding to section 80176(6), a law of another state substantially corresponding to section 80176(6), or a law of the United States substantially corresponding to section 80176(6) may be used as a prior conviction other than for enhancement purposes as provided in section 80178a(1)(b). See Michigan Laws 324.80104
  • 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.
  • Proceeding: includes an application and a petition, and may be an action at law or a suit in equity. See Michigan Laws 700.1106
  • Processing deadline: means the last day of the processing period. See Michigan Laws 324.1301
  • Program: means a permit program or regulatory program administered by the department under this act. See Michigan Laws 324.2701
  • Property: means anything that may be the subject of ownership, and includes both real and personal property or an interest in real or personal property. See Michigan Laws 700.1106
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected individual: means a minor or other individual for whom a conservator has been appointed or other protective order has been made as provided in part 4 of article V. See Michigan Laws 700.1106
  • Public body: means either of the following, within this state:
  •   (i) A multicounty metropolitan district authorized and established pursuant to state law by 2 or more counties with a combined population of not less than 3,000,000, for the purpose of cooperative planning, promoting, acquiring, constructing, owning, developing, maintaining, or operating parks. See Michigan Laws 28.582
  • Public corporation: means a county, city, village, township, school district, port district, or metropolitan district of the state or a combination of these if authorized by law to act jointly; an authority created by or under an act of the legislature; or a municipal health facilities corporation or subsidiary municipal health facilities corporation incorporated as provided in the municipal health facilities corporations act, 1987 PA 230, MCL 331. See Michigan Laws 141.103
  • Public corporation: means any body corporate organized by or pursuant to the laws of this state to carry out a public governmental or propriety function, including, without limitation on the foregoing, the state or any school district, city, village, township, county, district, commission, authority, university, college, or any combination thereof, which is a corporate entity. See Michigan Laws 141.151
  • Public corporation: means a county, city, village, township, charter township, port authority, metropolitan district, or authority of this state, or a combination of these entities when authorized by law to act jointly. See Michigan Laws 141.162
  • Public entity: means this state or an agency or authority of this state, school district, community college district, intermediate school district, city, village, township, county, public authority, or public airport authority. See Michigan Laws 129.312
  • public improvement: means the whole or a part of any of these improvements or of any combination of these improvements or any interest or participation in these improvements, as determined by the governing body. See Michigan Laws 141.103
  • Public improvements: means only the following improvements: housing facilities; garbage disposal plants; rubbish disposal plants; incinerators; transportation systems, including plants, works, instrumentalities, and properties used or useful in connection with those systems; sewage disposal systems, including sanitary sewers, combined sanitary and storm sewers, plants, works, instrumentalities, and properties used or useful in connection with the collection, treatment, or disposal of sewage or industrial wastes; storm water systems, including storm sewers, plants, works, instrumentalities, and properties used or useful in connection with the collection, treatment, or disposal of storm water; water supply systems, including plants, works, instrumentalities, and properties used or useful in connection with obtaining a water supply, the treatment of water, or the distribution of water; utility systems for supplying light, heat, or power, including plants, works, instrumentalities, and properties used or useful in connection with those systems; approved cable television systems, approved cable communication systems, or telephone systems, including plants, works, instrumentalities, and properties used or useful in connection with those systems; automobile parking facilities, including within or as part of the facilities areas or buildings that may be rented or leased to private enterprises serving the public; yacht basins; harbors; docks; wharves; terminal facilities; elevated highways; bridges over, tunnels under, and ferries across bodies of water; community buildings; public wholesale markets for farm and food products; stadiums; convention halls; auditoriums; dormitories; hospitals and other health care facilities; buildings devoted to public use; museums; parks; recreational facilities; reforestation projects; aeronautical facilities; and marine railways; or any right or interest in or equipment for these improvements. See Michigan Laws 141.103
  • 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 threat: means a clear, present, persistent, ongoing, and random threat to public safety. See Michigan Laws 28.672
  • Purchaser: means a person who receives a pistol from another person by purchase or gift. See Michigan Laws 28.421
  • Qualified retired law enforcement officer: means that term as defined in 18 USC 926C(c). See Michigan Laws 28.512
  • Quorum: The number of legislators that must be present to do business.
  • Rates: means the charges, fees, rentals, and rates that may be fixed and imposed for the services, facilities, and commodities furnished by a public improvement. See Michigan Laws 141.103
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recreation improvement account: means the recreation improvement account of the legacy fund provided for in section 2020. See Michigan Laws 324.2001
  • Recreation passport fee: means a state park and state-operated public boating access site recreation passport fee paid under section 805 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 324.2001
  • Registering tribunal: means a tribunal in which a support order or judgment determining parentage of a child is registered. See Michigan Laws 552.2102
  • Registrant: means a person that is registered under section 6 or required to register under section 6. See Michigan Laws 445.1651a
  • Registrar: means the state registrar as defined in section 2805 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 28.258
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • reserve officer: means , except as otherwise provided in this act, an individual authorized on a voluntary or irregular basis by a duly authorized police agency of this state or a political subdivision of this state to act as a law enforcement officer, who is responsible for the preservation of the peace, the prevention and detection of crime, and the enforcement of the general criminal laws of this state, and who is otherwise eligible to possess a firearm under this act. See Michigan Laws 28.421
  • Residence address: means the place that is the settled home or domicile at which a person legally resides, which meets the definition of residence as defined in section 11 of the Michigan election law, 1954 PA 116, MCL 168. See Michigan Laws 28.291a
  • Resident: means every person who resides in this state and establishes that he or she is legally present in the United States. See Michigan Laws 28.291a
  • Responding tribunal: means the authorized tribunal in a responding state or foreign country. See Michigan Laws 552.2102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail location: means a facility listed under NFPA 1124, 7. See Michigan Laws 28.452
  • Retailer: means a person that sells consumer fireworks or low-impact fireworks for resale to an individual for ultimate use. See Michigan Laws 28.452
  • Retired federal law enforcement officer: means an individual who was an officer or agent employed by a law enforcement agency of the United States government whose primary responsibility was enforcing laws of the United States, who was required to carry a firearm in the course of his or her duties as a law enforcement officer, and who retired in good standing from his or her employment as a federal law enforcement officer. See Michigan Laws 28.421
  • retired law enforcement officer: means an individual who was a police officer or law enforcement officer who was licensed or certified as described in the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 28.421
  • Revenues: means the income derived from the rates charged for the services, facilities, and commodities furnished by a public improvement. See Michigan Laws 141.103
  • Roundtable: means the agriculture and rural communities roundtable convened under section 2303. See Michigan Laws 324.2301
  • Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301
  • Rule: means a rule, as that term is defined in section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 28.452
  • Rule: means a rule promulgated under the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 28.602
  • Rural county: means a county with a population of less than 70,000. See Michigan Laws 324.2301
  • seal: shall be construed to include any of the following:
  •   (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n
  • Security: includes , but is not limited to, a note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate, or interest in a regulated investment company or other entity generally referred to as a mutual fund or, in general, an interest or instrument commonly known as a security, or a certificate of interest or participation for, a temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase any of the items listed in this subdivision. See Michigan Laws 700.1107
  • Seller: means a person who sells or gives a pistol to another person. See Michigan Laws 28.421
  • 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 28.452
  • Service: means the collection or remittance, or the right or obligation to collect or remit, for a lender, noteowner, noteholder, mortgage servicer, or the licensee's or registrant's own account of 4 or more installment payments of the principal, interest, or an amount placed in escrow under a mortgage loan, mortgage servicing agreement, or an agreement with the mortgagor. See Michigan Laws 445.1651a
  • 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.
  • Settlement: means , in reference to a decedent's estate, the full process of administration, distribution, and closing. See Michigan Laws 700.1107
  • 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
  • Slow--no wake speed: means the use of a vessel at a very slow speed so that the resulting wake or wash is minimal. See Michigan Laws 324.80201
  • Snowmobile account: means the snowmobile account of the legacy fund provided for in section 2025. See Michigan Laws 324.2001
  • Solid waste: means solid waste as defined in part 115. See Michigan Laws 324.901
  • Special effects: means a combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production or live entertainment. See Michigan Laws 28.452
  • Special personal representative: means a personal representative as described by section 3614 to 3618. See Michigan Laws 700.1107
  • Specialty court program: means a program under any of the following:
  •   (i) A drug treatment court, as defined in section 1060 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 324.80104
  • Standard driver license: means an operator's license or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 28.302
  • Standard official state personal identification card: means an official state personal identification card issued under 1972 PA 222, MCL 28. See Michigan Laws 28.302
  • Standing committees: means the committees of the senate and house of representatives with primary responsibility for agriculture. See Michigan Laws 324.2301
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 552.2102
  • 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: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 700.1107
  • State agency: means either the department or the governing body of the state park that is participating in an authority. See Michigan Laws 324.901
  • State aid: means payment made by this state to a county for the conduct of a marine safety program. See Michigan Laws 324.80104
  • State court judge: means a judge of the district court, circuit court, probate court, or court of appeals or justice of the supreme court of this state who is serving either by election or appointment. See Michigan Laws 28.421
  • State court retired judge: means a judge or justice described in subdivision (q) who is retired, or a retired judge of the recorders court. See Michigan Laws 28.421
  • State fire marshal: means the state fire marshal appointed under section 1b of the fire prevention code, 1941 PA 207, MCL 29. See Michigan Laws 28.452
  • State forest: means those lands designated as state forests by the department. See Michigan Laws 324.83101
  • State park improvement account: means the state park improvement account of the legacy fund provided for in section 2030. See Michigan Laws 324.2001
  • State sponsor of terror: means , subject to section 10 as to applicability, any country determined by the United States Secretary of State to have repeatedly provided support for acts of international terrorism. See Michigan Laws 129.292
  • 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.
  • Successor: means a person, other than a creditor, who is entitled to property of a decedent under the decedent's will or this act. See Michigan Laws 700.1107
  • Successor personal representative: means a personal representative, other than a special personal representative, who is appointed to succeed a previously appointed personal representative. See Michigan Laws 700.1107
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervised administration: means the proceedings described in part 5 of article III. See Michigan Laws 700.1107
  • Supervisor: means the supervisor of a township elected under chapter XVI of the Michigan election law, Act No. See Michigan Laws 41.1b
  • Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, that provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See Michigan Laws 552.2102
  • Survive: means that an individual neither predeceases an event, including the death of another individual, nor is considered to predecease an event under section 2104 or 2702. See Michigan Laws 700.1107
  • Surviving spouse: means the husband or wife of the deceased officer at the time of the officer's death, and includes a spouse living apart from the officer at the time of the officer's death for any reason. See Michigan Laws 28.632
  • Tax obligation: means a bond, note, contract obligation, assessment, or other evidence of indebtedness payable primarily or secondarily from ad valorem taxes as a general or full faith and credit obligation of a public corporation. See Michigan Laws 141.162
  • 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.
  • terms of the trust: means the manifestation of the settlor's intent regarding a trust's provisions as expressed in the trust instrument or as may be established by other evidence that would be admissible in a judicial proceeding. See Michigan Laws 700.1107
  • Testacy proceeding: means a proceeding to establish a will or determine intestacy. See Michigan Laws 700.1107
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testator: includes an individual of either gender. See Michigan Laws 700.1107
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Township board: means the township board of a township constituted as provided in section 70. See Michigan Laws 41.1b
  • 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.
  • Treasurer: means the treasurer of a township elected under chapter XVI of Act No. See Michigan Laws 41.1b
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Tribunal: means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Michigan Laws 552.2102
  • Trust: includes , but is not limited to, an express trust, private or charitable, with additions to the trust, wherever and however created. See Michigan Laws 700.1107
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust fund: means the Michigan natural resources trust fund established in section 35 of article IX of the state constitution of 1963. See Michigan Laws 324.1901
  • Trustee: means a trustee of a township elected under chapter XVI of Act No. See Michigan Laws 41.1b
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by the court. See Michigan Laws 700.1107
  • trustee of a trust created by will: includes a trustee to whom property is transferred by will to the extent of the devised property. See Michigan Laws 700.1103
  • Undocumented vessel: means a vessel that does not have, and is not required to have, a valid marine document issued by the United States Coast Guard or federal agency successor to the United States Coast Guard. See Michigan Laws 324.80104
  • 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
  • Unlimited tax pledge: means an undertaking by a public corporation to secure and pay a tax obligation from ad valorem taxes to be levied on all taxable property within the boundaries of the public corporation without limitation as to rate or amount and in addition to other taxes which the public corporation may be authorized to levy. See Michigan Laws 141.162
  • Use: means operate, navigate, or employ. See Michigan Laws 324.80104
  • Use: means operate, navigate, or employ. See Michigan Laws 324.80201
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Michigan Laws 324.80104
  • Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Michigan Laws 324.80201
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Ward: means an individual for whom a guardian is appointed. See Michigan Laws 700.1108
  • Watercraft: means a contrivance used or designed for navigation on water, including a vessel, boat, motor vessel, steam vessel, vessel operated by machinery either permanently or temporarily affixed, scow, tugboat, or any marine equipment that is capable of carrying passengers, except a ferry. See Michigan Laws 324.80301
  • Waters of this state: means any waters within the territorial limits of this state, and includes those waters of the Great Lakes that are under the jurisdiction of this state. See Michigan Laws 324.80104
  • Waters of this state: means any waters within the territorial limits of this state, and includes those waters of the Great Lakes that are under the jurisdiction of this state. See Michigan Laws 324.80201
  • Waterways account: means the waterways account established in section 2035. See Michigan Laws 324.80104
  • Waterways account: means the waterways account of the legacy fund provided for in section 2035. See Michigan Laws 324.2001
  • Wholesaler: means a person that sells consumer fireworks or low-impact fireworks to a retailer or any other person for resale. See Michigan Laws 28.452
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.