Michigan Laws > Chapter 791 > Act 232 of 1953 > Chapter I – Department of Corrections
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Terms Used In Michigan Laws > Chapter 791 > Act 232 of 1953 > Chapter I - Department of Corrections
- 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.
- 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.
- Applicant: means a person who applies for an authority under this act. See Michigan Laws 474.103
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Authority: means an authority issued under this act. See Michigan Laws 474.103
- Authorized seasonal vehicle: means an authorized vehicle that satisfies both of the following:
(i) The department has approved the vehicle to be used in service for a contiguous period of time that does not exceed 6 months. See Michigan Laws 474.103Authorized vehicle: means a vehicle operated by a motor carrier that complies with all requirements of this act. See Michigan Laws 474.103 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. Bequest: Property gifted by will. Broker: means that term as defined in 49 USC 13102. See Michigan Laws 475.1 Bus: means a motor vehicle with a seating capacity of 9 or more passengers, including the driver, that is used in the transportation of passengers and their baggage for hire upon any public highway of this state. See Michigan Laws 474.103 Certificate of authority: means a certificate issued under this act to a motor carrier authorizing a transportation service. See Michigan Laws 475.1 Commercial motor vehicle: means that term as defined in 49 USC 14504a. See Michigan Laws 475.1 Commission: means the potato industry commission. See Michigan Laws 290.421 Commission: means the Michigan public service commission. See Michigan Laws 475.1 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law. 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. correctional facility: means a facility or institution which is maintained and operated by the department. See Michigan Laws 791.215 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the state transportation department, the principal department of state government created under section 350 of the executive organization act of 1965, 1965 PA 380, MCL 16. See Michigan Laws 474.52 Department: means the state transportation department. See Michigan Laws 474.103 Department: means the department of agriculture and rural development. See Michigan Laws 290.421 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. Destructively distilled wood turpentine: means wood turpentine obtained in the destructive distillation of the wood. See Michigan Laws 290.301 Devise: To gift property by will. Director: means the director of the department. See Michigan Laws 290.421 Director: means the director of the department of agriculture and his or her authorized agents and representatives. See Michigan Laws 290.451 Docket: A log containing brief entries of court proceedings. Emergency: means that term as defined in 49 C. See Michigan Laws 475.1 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 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. Financial institution: means a commercial bank whose deposits are insured by the federal deposit insurance corporation or a national bank for cooperatives subject to the farm credit act of 1971, Public Law 92-181, 85 Stat. See Michigan Laws 290.451 firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. For hire: means for remuneration or reward of any kind, paid or promised, either directly or indirectly. See Michigan Laws 474.103 For hire: means for remuneration or reward of any kind, paid or promised, either directly or indirectly. See Michigan Laws 475.1 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 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 Freight forwarder: means that term as defined in 49 USC 13102. See Michigan Laws 475.1 fully allocated costs: means total costs, including variable costs, plus an allocation of fixed costs. See Michigan Laws 475.1 General rate: means a rate applicable to 2 or more motor carriers that is filed under section 6b of article V. See Michigan Laws 475.1 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grower: means any business unit, including a family operation, sole proprietorship, partnership, corporation, company, association, trust, or other business organization engaged in the business of growing potatoes for market. See Michigan Laws 290.421 Grower: means a person engaged in the business of growing and producing potatoes. See Michigan Laws 290.451 Grower cooperative: means an organization of growers or a division of an organization of growers, or a federation of cooperatives of growers engaged in the marketing, bargaining, shipping, or processing functions of potatoes on behalf of its members or nonmembers who are the producers of potatoes. See Michigan Laws 290.451 Gum rosin: means rosin remaining after the distillation of gum spirits of turpentine. See Michigan Laws 290.301 Gum spirits of turpentine: means spirits of turpentine made from gum (oleoresin) from a living tree. See Michigan Laws 290.301 Household goods: means personal effects and property used or to be used in a dwelling when a part of the equipment or supply of that dwelling. See Michigan Laws 475.1 Hundredweight: means a 100-pound unit or a combination of packages making a 100-pound unit, or the equivalent in metric units, of any shipment of potatoes. See Michigan Laws 290.421 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. Intrastate motor vehicle: means a motor vehicle that is operated by 1 of the following:
(i) An intrastate-only motor carrier of property. See Michigan Laws 475.1Intrastate-only motor carrier of property: means a motor carrier of property that is not a UCR motor carrier. See Michigan Laws 475.1 Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation. 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 Leasing company: means that term as defined in 49 USC 14504a. See Michigan Laws 475.1 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. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local move: means a household goods shipment of 40 miles or less, from point of origin to point of destination, as determined by actual miles traveled by the motor carrier and verifiable by odometer reading or mileage guide in general public use. See Michigan Laws 475.1 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 Motor carrier: means a person who, either directly or through any device or arrangement, holds himself or herself out to the public as willing to transport passengers for hire by bus over the public highways of this state. See Michigan Laws 474.103 Motor carrier: means a motor carrier of general commodities or a motor carrier of household goods. See Michigan Laws 475.1 Motor carrier of general commodities: means a person that is an authorized for-hire motor carrier, either directly or through any device or arrangement, of property other than household goods upon or over a public highway. See Michigan Laws 475.1 Motor carrier of household goods: means a person that, either directly or through any device or arrangement, packs, loads, unloads, or transports household goods upon or over a public highway for the general public in exchange for payment. See Michigan Laws 475.1 Motor private carrier: means that term as defined in 49 USC 13102. See Michigan Laws 475.1 Motor vehicle: means an automobile, truck, trailer, semitrailer, truck tractor, road tractor, or a self-propelled or motor or mechanically driven vehicle, or a vehicle attached to, connected with, or drawn by a self-propelled or motor or mechanically driven vehicle, used upon a public highway of this state. See Michigan Laws 475.1 Naval stores: means spirits of turpentine and rosin. See Michigan Laws 290.301 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. Original annual authority: means the first authority applied for and received by a motor carrier under this act. See Michigan Laws 474.103 Oversight: Committee review of the activities of a Federal agency or program. package: means cloth or fiber sack (such as is customarily used for the shipment of potatoes), barrel, box, crate, hamper or basket. See Michigan Laws 290.152 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, sole proprietorship, partnership, association, corporation, or other legal entity, or the lessee, trustee, or receiver of any of these entities; this state; a city, village, township, or county of this state; the federal government; or an employee, officer, or agent of any of these units of government. See Michigan Laws 474.103 Person: means an individual, partnership, corporation, association, cooperative, or any other business unit. See Michigan Laws 290.421 Person: means a corporation, company, association, cooperative organization, partnership, individual, or other legal entity. See Michigan Laws 290.451 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, association, or corporation, and their lessees, trustees, or receivers appointed by a court. See Michigan Laws 475.1 Potatoes: means any variety of Irish potatoes in fresh form included in the species solanum tuberosum. See Michigan Laws 290.451 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. Predatory rate: means a rate that is either below its fully allocated costs or in excess of reasonable industry standards. See Michigan Laws 475.1 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. public: means the part or portion of the general public that the motor carrier is ready, able, willing, and equipped to serve. See Michigan Laws 474.103 public: means the part or portion of the general public that a motor carrier is ready, able, willing, and equipped to serve. See Michigan Laws 475.1 Public highway: means a highway, road, street, avenue, alley, or thoroughfare of any kind, or a bridge, tunnel, or subway used by the public. See Michigan Laws 474.103 Public highway: means a public highway, road, street, avenue, alley, or thoroughfare of any kind, or a bridge, tunnel, or subway used by the public. See Michigan Laws 475.1 Quorum: The number of legislators that must be present to do business. Recidivism: means any rearrest, reconviction, or reincarceration in prison or jail for a felony or misdemeanor offense or a probation or parole violation of an individual as measured first after 3 years and again after 5 years from the date of his or her release from incarceration, placement on probation, or conviction, whichever is later. See Michigan Laws 791.208a Reinstatement authority: means an authority issued to a motor carrier whose original annual authority or original seasonal authority was previously revoked under this act. See Michigan Laws 474.103 Renewal authority: means an authority for the continuation of a prior original annual authority or an original seasonal authority that remained in good standing, or the continuation of a reinstatement authority. See Michigan Laws 474.103 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Rosin: includes gum rosin and wood rosin. See Michigan Laws 290.301 Roster: means a list of buses to be operated for hire by a motor carrier that is authorized or seeking authorization under this act and that indicates all of the following information:
(i) The vehicle identification number, make, model, fleet number, and year of each vehicle. See Michigan Laws 474.103Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 290.421 Safety inspector: means an individual designated by the department to conduct safety inspections under this act. See Michigan Laws 474.103 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nService: means the movement of passengers by bus. See Michigan Laws 474.103 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 Shipment of potatoes: means , and a shipment of potatoes shall be considered to take place, when potatoes are loaded within this state in a rail car, truck, or other conveyance in which the potatoes are to be transported for sale or otherwise put into the channel of trade and commerce. See Michigan Laws 290.421 Shipper: means a person engaged in the shipment of potatoes, whether as owner, agent, or otherwise; or engaged in the processing of potatoes for human or animal consumption in any form or for any other commercial use. See Michigan Laws 290.421 Spirits of turpentine: includes gum spirits of turpentine and wood turpentine. See Michigan Laws 290.301 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. Steam distilled wood turpentine: means wood turpentine distilled with steam from the oleoresin within or extracted from the wood. See Michigan Laws 290.301 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. Through any device or arrangement: means any and all methods, means, agreements, circumstances, operations, or subterfuges under which a person undertakes for hire to conduct, direct, control, or otherwise perform the transportation of passengers by bus service upon the public highways of this state. See Michigan Laws 474.103 Through any device or arrangement: means any and all methods, means, agreements, circumstances, operations, or subterfuges under which a person undertakes for hire to conduct, direct, control, or otherwise perform the transportation by motor vehicle of property upon the public highways of this state. See Michigan Laws 475.1 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. UCR motor carrier: means a person that is required to pay fees and file information under section 14504a of the federal unified carrier registration act of 2005, 49 USC 14504a. See Michigan Laws 475.1 Unified carrier registration agreement: means the interstate agreement developed under the unified carrier registration plan governing the collection and distribution of registration and financial responsibility information provided and fees paid by UCR motor carriers, motor private carriers, brokers, freight forwarders, and leasing companies under section 14504a of the federal unified carrier registration act of 2005, 49 USC 14504a. See Michigan Laws 475.1 Unified carrier registration plan: means the organization of state, federal, and industry representatives responsible for developing, implementing, and administering the unified carrier registration agreement under section 14504a of the federal unified carrier registration act of 2005, 49 USC 14504a. See Michigan Laws 475.1 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Wholesale potato dealer: means a person who buys potatoes in wholesale lots directly from a grower or grower cooperative or who sells or handles those potatoes in wholesale lots for the purpose of processing or resale to other wholesale potato dealers, retailers, restaurants, hotels, institutions, or hospitals. See Michigan Laws 290.451 Wood turpentine: includes steam distilled wood turpentine and destructively distilled wood turpentine. See Michigan Laws 290.301