Chapter X Michigan Adoption Code
Chapter XI Change of Name of Adult or Minor
Chapter XII Safe Delivery of Newborns
Chapter XIIA Jurisdiction, Procedure, and Disposition Involving Minors
Chapter XIIB
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Terms Used In Michigan Laws > Chapters 701-713 > Act 288 of 1939 - Probate Code of 1939

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Active efforts: means actions to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and to reunify the Indian child with the Indian family. See Michigan Laws 712B.3
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adoptee: means the individual who is to be adopted, regardless of whether the individual is a child or an adult. See Michigan Laws 710.22
  • Adoption attorney: means an attorney acting as counsel in an adoption proceeding or case. See Michigan Laws 710.22
  • Adult former sibling: means an individual who is 18 years of age or older and is related to an adult adoptee either biologically or through adoption by at least 1 common parent, regardless of whether the adult former sibling ever lived in the same household as the adult adoptee. See Michigan Laws 710.22
  • Advertisement: means a message or material transmitted over a facsimile machine for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of real property, goods, or services. See Michigan Laws 445.1771
  • 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 who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See Michigan Laws 445.2051
  • Agency placement: means a placement in which a child placing agency, the department, or a court selects the adoptive parent for the child and transfers physical custody of the child to the prospective adoptive parent. See Michigan Laws 710.22
  • Allocable share: means that term as defined in the master settlement agreement. See Michigan Laws 445.2051
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means an individual or individuals who desire to adopt a child and who have submitted an adoption application to a child placing agency. See Michigan Laws 710.22
  • Area of sales responsibility: means a geographical area agreed to by a dealer and the manufacturer in a dealer agreement in which the dealer has the exclusive right to display or sell the manufacturer's new recreational vehicles of a particular line-make to the public. See Michigan Laws 445.1923
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attending practitioner: means a licensed physician or a registered professional nurse certified as a nurse midwife by the Michigan board of nursing. See Michigan Laws 710.22
  • Auction sale: as used in this act shall mean the offering for sale or selling of personal property to the highest bidder, or offering for sale or selling of personal property at a high price and then offering the same at successive lower prices until a buyer is secured. See Michigan Laws 446.57
  • best interests of the child: means the sum total of the following factors to be considered, evaluated, and determined by the court to be applied to give the adoptee permanence at the earliest possible date:
  (i) The love, affection, and other emotional ties existing between the adopting individual or individuals and the adoptee or, in the case of a hearing under section 39 of this chapter, the putative father and the adoptee. See Michigan Laws 710.22
  • Born out of wedlock: means a child conceived and born to a woman who was not married from the conception to the date of birth of the child, or a child whom the court has determined to be a child born during a marriage but not the issue of that marriage. See Michigan Laws 710.22
  • Borrower: means a person who obtains an extension of credit from a regulated lender. See Michigan Laws 445.1852
  • Buyer: means a person who is solicited to purchase or who purchases the services of a credit services organization. See Michigan Laws 445.1822
  • Central adoption registry: means the registry established by the department under section 27b of this chapter to control the release of identifying adoption information. See Michigan Laws 710.22
  • Chief executive officer: means any of the following:
  •   (i) For a city, the mayor. See Michigan Laws 446.203
  • 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 18 years of age. See Michigan Laws 710.22
  • Child custody proceeding: includes , but is not limited to, 1 or more of the following:
  •   (i) Foster care placement. See Michigan Laws 712B.3
  • Child placing agency: means a private organization licensed under 1973 PA 116, MCL 722. See Michigan Laws 710.22
  • Child placing agency: means that term as defined in section 1 of 1973 PA 116, MCL 722. See Michigan Laws 712.1
  • cigarette: includes "roll-your-own" (i. See Michigan Laws 445.2051
  • Civil infraction: means that term as defined in section 113 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 712A.1
  • Commercial e-mail: means an electronic message, file, data, or other information promoting the sale, lease, or exchange of goods, services, real property, or any other thing of value that is transmitted between 2 or more computers, computer networks, or electronic terminals or within a computer network. See Michigan Laws 445.2502
  • Commissioner: means the commissioner of the financial institutions bureau of the department of consumer and industry services. See Michigan Laws 445.1852
  • Compensation: means a payment of any money, thing of value, or financial benefit conferred in return for inducing an individual to participate in a pyramid promotional scheme. See Michigan Laws 445.2582
  • Competency evaluation: means a court-ordered examination of a juvenile directed to developing information relevant to a determination of his or her competency to proceed at a particular stage of a court proceeding involving a juvenile who is the subject of a delinquency petition. See Michigan Laws 712A.1
  • Computer network: means 2 or more computers that are, directly or indirectly, interconnected to exchange electronic messages, files, data, or other information. See Michigan Laws 445.2502
  • Consent: means a document in which all parental rights over a specific child are voluntarily relinquished to the court for placement with a specific adoptive parent. See Michigan Laws 710.22
  • Consideration: means the payment of cash or anything of value or the purchase of goods, services, or intangible property. See Michigan Laws 445.2582
  • Consumer: means an individual who resides in this state. See Michigan Laws 445.2512
  • Consumer reporting agency: means any person that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing credit reports to third parties and that uses any means or facility of interstate commerce for the purpose of preparing or furnishing credit reports. See Michigan Laws 445.2512
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: means any oral or written agreement. See Michigan Laws 445.1802
  • Conviction: A judgement of guilt against a criminal defendant.
  • Copyright laws: means those laws specified pursuant to title 17 of the United States Code, 17 U. See Michigan Laws 445.2102
  • Copyright owner: means the owner of a copyright of a musical work recognized and enforceable under the copyright laws. See Michigan Laws 445.2102
  • County juvenile agency: means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45. See Michigan Laws 712A.1
  • Court: means the family division of circuit court of this state, or if the context requires, the court having jurisdiction over adoption in another state or country. See Michigan Laws 710.22
  • Court: means the family division of circuit court. See Michigan Laws 712.1
  • Court: means the family division of circuit court. See Michigan Laws 712A.1
  • Court: means the family division of circuit court or the probate court. See Michigan Laws 712B.3
  • Credit card arrangement: means an extension of credit that is not secured by real property made to a cardholder of a credit card or charge card issued by a regulated lender under an arrangement that gives to a cardholder the privilege of obtaining credit from the regulated lender or any other person in purchasing or leasing property or services, obtaining credit or loans, or otherwise. See Michigan Laws 445.1852
  • 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
  • Credit report: means any written, oral, or other communication of any information by a consumer reporting agency that is related to a consumer's creditworthiness, credit standing, or credit capacity, and is issued or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for credit. See Michigan Laws 445.2512
  • Credit sale: means an extension of credit for the sale of goods or services by a seller that is subject to the home improvement finance act, Act No. See Michigan Laws 445.1852
  • Credit services organization: means , except as otherwise provided in subdivision (c), a person who, in return for consideration, attempts to sell, provide, or perform 1 or more of the following:
  •   (i) The improvement of a person's credit record, history, or rating. See Michigan Laws 445.1822
  • Culturally appropriate services: means services that enhance an Indian child's and family's relationship to, identification, and connection with the Indian child's tribe. See Michigan Laws 712B.3
  • Customer: means an individual who is lawfully on the premises of a retail establishment. See Michigan Laws 446.71
  • Dealer: means a person, including, but not limited to, a person that operates a business as a plastics recycler, processor, or shredder or reseller, that purchases plastic bulk merchandise containers from any seller other than the manufacturer of the bulk merchandise containers or an authorized dealer or distributor of those containers. See Michigan Laws 445.2073
  • Dealer: means a person that is a dealer, as that term is defined in section 11 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 445.1923
  • Dealer agreement: means a written agreement or contract entered into between a manufacturer and a dealer that establishes the legal rights and obligations of the parties to that agreement or contract and pursuant to which the dealer is authorized to sell new recreational vehicles manufactured or distributed by the manufacturer. See Michigan Laws 445.1923
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of licensing and regulatory affairs. See Michigan Laws 257.2102
  • Department: means the department of health and human services. See Michigan Laws 710.22
  • Department: means the department of human services. See Michigan Laws 712.1
  • Department: means the department of health and human services. See Michigan Laws 712A.1
  • Department: means the department of the attorney general. See Michigan Laws 445.1771
  • Department: means the department of health and human services or a successor department or agency. See Michigan Laws 712B.3
  • Department: means the department of state. See Michigan Laws 445.1923
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Depository institution: means a bank, savings and loan association, savings bank, or a credit union chartered under state or federal law which maintains a principal office or branch in this state. See Michigan Laws 445.1852
  • Direct placement: means a placement in which a parent or guardian selects an adoptive parent for a child, other than a stepparent or an individual related to the child within the fifth degree by marriage, blood, or adoption, and transfers physical custody of the child to the prospective adoptive parent. See Michigan Laws 710.22
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispatch system: means any hardware, software, mobile device, or online-enabled application used by a limousine carrier or a taxicab carrier to connect limousine drivers or taxicab drivers to potential passengers. See Michigan Laws 257.2102
  • Dispatch system provider: means a person operating in this state that uses any device, method, means, or arrangement, including a dispatch system, to connect potential passengers with a limousine carrier, taxicab carrier, limousine driver, or taxicab driver. See Michigan Laws 257.2102
  • Distributor: means a person, including any affiliate of the person, who meets either of the following requirements:
  •   (i) Purchases motor fuel for sale, consignment, or distribution to another. See Michigan Laws 445.1802
  • Docket: A log containing brief entries of court proceedings.
  • Doctor: means a licensed doctor of medicine or a licensed doctor of osteopathic medicine and surgery. See Michigan Laws 446.71
  • Documentation: means a signed statement that indicates where a person obtained a plastic bulk merchandise container offered for sale, indicates that a person is authorized to sell a plastic bulk merchandise container, or provides other evidence that reasonably demonstrates ownership of a plastic bulk merchandise container offered for sale and the source of the container. See Michigan Laws 445.2073
  • Domestic violence: means that term as defined in section 1 of 1978 PA 389, MCL 400. See Michigan Laws 712.1
  • E-mail address: means a destination, commonly expressed as a string of characters, to which e-mail may be sent or delivered. See Michigan Laws 445.2502
  • E-mail service provider: means a person that is an intermediary in the transmission of e-mail or provides to end users of e-mail service the ability to send and receive e-mail. See Michigan Laws 445.2502
  • Eligible medical condition: means Crohn's disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome, pregnancy, or any other medical condition that requires immediate access to a toilet facility. See Michigan Laws 446.71
  • Emergency service provider: means a uniformed or otherwise identified employee or contractor of a fire department, hospital, or police station when that individual is inside the premises and on duty. See Michigan Laws 712.1
  • Excessive fee or charge: means a fee or charge that exceeds the amount allowed in section 6(1), (2), or (3), section 7, or any other applicable law or statute of this state. See Michigan Laws 445.1852
  • Extended family members: means that term as defined by the law or custom of the Indian child's tribe or, in the absence of that law or custom, means a person who has reached the age of 18 and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent and includes the term "relative" as that term is defined in section 13a(j) of chapter XIIA. See Michigan Laws 712B.3
  • Extension of credit: means the right to defer payment of debt or to incur debt. See Michigan Laws 445.1822
  • Extension of credit: means a loan or credit sale made by a regulated lender. See Michigan Laws 445.1852
  • Facilitator: means a person that individually or in conjunction or cooperation with another person processes, receives, or accepts for delivery an application for a refund anticipation loan or a check in payment of refund anticipation loan proceeds or in any other manner materially facilitates the making of a refund anticipation loan. See Michigan Laws 446.113
  • Factory campaign: means an effort by a warrantor to contact recreational vehicle owners or dealers in order to address an issue concerning a problem or defective part or equipment. See Michigan Laws 445.1923
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • family independence agency: means the department of health and human services. See Michigan Laws 712A.1
  • Family member: means any of the following:
  •   (i) A spouse of an individual. See Michigan Laws 445.1923
  • File: means all of the information about a consumer that is recorded and retained by a consumer reporting agency regardless of how the information is stored. See Michigan Laws 445.2512
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Financial institution: means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union. See Michigan Laws 446.113
  • Fire department: means an organized fire department as that term is defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29. See Michigan Laws 712.1
  • 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
  • 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 protection order: means that term as defined in section 2950h of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 712A.1
  • Formal placement: means a placement that is approved by the court under section 51 of this chapter. See Michigan Laws 710.22
  • Foster home or institution: means a child caring institution as that term is defined in section 1 of 1973 PA 116, MCL 722. See Michigan Laws 712B.3
  • Franchise: means a contract between a refiner and a retailer or between a distributor and a retailer, under which a refiner or distributor authorizes or permits a retailer to use, in connection with the sale, consignment, or distribution of gasoline, diesel, gasohol, or aviation fuel, a trademark that is owned or controlled by a refiner, or by a refiner that supplies fuel to the distributor that authorizes or permits such use. See Michigan Laws 445.1802
  • Franchisee: means a retailer who is authorized or permitted, under a franchise, to use a trademark in connection with the sale, consignment, or distribution of fuel. See Michigan Laws 445.1802
  • Franchisor: means a refiner or distributor who authorizes or permits, under a franchise, a retailer to use a trademark in connection with the sale, consignment, or distribution of fuel. See Michigan Laws 445.1802
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental unit: means a city, township, charter township, county, or incorporated village. See Michigan Laws 446.203
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Gross negligence: means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results. See Michigan Laws 712.1
  • Guardian: means a person who has qualified as a guardian of a minor under a parental or spousal nomination or a court order issued under section 19a or 19c of chapter XIIA, section 5204 or 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 712B.3
  • Guardian ad litem: means an individual whom the court appoints to assist the court in determining the child's best interests. See Michigan Laws 712B.3
  • Hospital: means a hospital that is licensed under article 17 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 712.1
  • Improper means: includes theft, bribery, misrepresentation, breach, or inducement of a breach of a duty to maintain secrecy or espionage through electronic or any other means. See Michigan Laws 445.1902
  • Incompetent to proceed: means that a juvenile, based on age-appropriate norms, lacks a reasonable degree of rational and factual understanding of the proceeding or is unable to do 1 or more of the following:
  •   (i) Consult with and assist his or her attorney in preparing his or her defense in a meaningful manner. See Michigan Laws 712A.1
  • Indian: means any member of any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including any Alaska native village as defined in section 1602(c) of the Alaska native claims settlement act, 43 USC 1602. See Michigan Laws 712B.3
  • Indian child: means an unmarried person who is under the age of 18 and is either of the following:
  •   (i) A member of an Indian tribe. See Michigan Laws 712B.3
  • Indian child welfare act: means the Indian child welfare act of 1978, 25 USC 1901 to 1963. See Michigan Laws 712B.3
  • Indian custodian: means any Indian person who has custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control have been transferred by the Indian child's parent. See Michigan Laws 712B.3
  • Indian organization: means any group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians. See Michigan Laws 712B.3
  • Industrial or commercial account: means a person that sells plastic or plastic articles to a dealer from a fixed location pursuant to a written agreement with that dealer. See Michigan Laws 445.2073
  • Inflation adjustment: means that term as defined in the master settlement agreement. See Michigan Laws 445.2051
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Internet domain name: means a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy. See Michigan Laws 445.2502
  • Internet drop-off store: means a person, corporation, or firm that contracts with other persons, corporations, or firms to offer its personal property or other valuable thing for sale, purchase, consignment, or trade through means of an internet website and meets the conditions described in section 1(3). See Michigan Laws 446.203
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Inventory: means goods, including company-produced promotional materials, sales aids, and sales kits, that a plan or operation requires participants to purchase. See Michigan Laws 445.2582
  • Inventory repurchase program: means a program that does all of the following:
  •   (i) Upon request, repurchases all current and marketable inventory in the possession of a participant within 12 months after the date of purchase, at not less than 90% of the original net cost, less appropriate setoffs, if any, when the participant's business relation is terminated. See Michigan Laws 445.2582
  • juvenile: means a person who is less than 17 years of age who is the subject of a delinquency petition. See Michigan Laws 712A.1
  • Lawyer-guardian ad litem: means an attorney appointed under section 2 of this chapter. See Michigan Laws 712.1
  • Lawyer-guardian ad litem: means an attorney appointed under section 21 of this chapter. See Michigan Laws 712B.3
  • Least restrictive environment: means a supervised community placement, preferably a placement with the juvenile's parent, guardian, relative, or a facility or conditions of treatment that is a residential or institutional placement only utilized as a last resort based on the best interest of the juvenile or for reasons of public safety. See Michigan Laws 712A.1
  • Lender: means a person that makes a refund anticipation loan. See Michigan Laws 446.113
  • Licensed child caring institution: means a child caring institution as defined and licensed under 1973 PA 116, MCL 722. See Michigan Laws 712A.1
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limousine: means a self-propelled motor vehicle used in the carrying of passengers and the baggage of the passengers for hire with a seating capacity of 8 passengers or fewer, including the driver. See Michigan Laws 257.2102
  • Limousine carrier: means a person who, either directly or through any device, dispatch system, or arrangement, holds himself or herself out to the public as willing to transport passengers for hire by limousine. See Michigan Laws 257.2102
  • Limousine driver: means an individual who uses a limousine to provide transportation services to potential passengers. See Michigan Laws 257.2102
  • Line-make: means a specific series of recreational vehicle products that meet all of the following:
  •   (i) Are identified by a common series trade name or trademark. See Michigan Laws 445.1923
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local police agency: means the police agency of the city, village, or township, or if none, the county sheriff of the county in which the internet drop-off store conducts business. See Michigan Laws 446.203
  • Manufacturer: means a person that manufactures or wholesales recreational vehicles or that distributes or wholesales recreational vehicles to dealers. See Michigan Laws 445.1923
  • Marketing premises: means , in the case of any franchise, premises that, under the franchise, are to be employed by the franchisee in connection with the sale, consignment, or distribution of motor fuel. See Michigan Laws 445.1802
  • Master settlement agreement: means the settlement agreement (and related documents) entered into on November 23, 1998, and incorporated into a consent decree and final judgment entered into on December 7, 1998, in Kelley Ex Rel. See Michigan Laws 445.2051
  • MCI: means the Michigan children's institute created and established by 1935 PA 220, MCL 400. See Michigan Laws 712A.1
  • Mental health code: means the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 712A.1
  • Misappropriation: means either of the following:
  •   (i) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means. See Michigan Laws 445.1902
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Motor fuel: means gasoline and diesel fuel of a type distributed for use as a fuel in self-propelled vehicles designed primarily for use on public streets, roads, and highways. See Michigan Laws 445.1802
  • New merchandise: as used in this act shall mean all merchandise not previously sold at retail. See Michigan Laws 446.57
  • Newborn: means a child who a physician reasonably believes to be not more than 72 hours old. See Michigan Laws 712.1
  • 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.
  • 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
  • Official tribal representative: means an individual who is designated by the Indian child's tribe to represent the tribe in a court overseeing a child custody proceeding. See Michigan Laws 712B.3
  • Original participating manufacturer: means that term as defined in the master settlement agreement. See Michigan Laws 445.2051
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means any biological parent or parents of an Indian child or any person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. See Michigan Laws 712B.3
  • Park model trailer: means that term as defined in section 38a of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 445.1923
  • Participant: means an individual who joins a plan or operation. See Michigan Laws 445.2582
  • Participating manufacturer: means that term as defined in the master settlement agreement. See Michigan Laws 445.2051
  • Pawnbroker: means a person, corporation, or member, or members of a copartnership or firm, who loans money on deposit, or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price. See Michigan Laws 446.203
  • Performing rights society: means an association, corporation, or other entity that licenses the nondramatic public performance, broadcast, or transmittal of musical works on behalf of copyright owners including, but not limited to, the American society of composers, authors, and publishers; broadcast music, inc. See Michigan Laws 445.2102
  • Person: means an individual, partnership, corporation, limited liability company, association, trust, estate, or other legal entity. See Michigan Laws 445.1923
  • person: means an individual, partnership, committee, association, corporation, or any other organization or group of persons. See Michigan Laws 445.2051
  • Person: means an individual, partnership, corporation, limited liability company, or other legal entity. See Michigan Laws 445.2073
  • Person: means an individual, corporation, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 445.2502
  • Person: means an individual, partnership, association, corporation, limited liability company, or other legal entity. See Michigan Laws 446.113
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 446.163
  • Person: means an individual, sole proprietorship, partnership, corporation, association, or other legal entity. See Michigan Laws 257.2102
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 710.22
  • Person: means an individual, partnership, association, corporation, or other legal entity. See Michigan Laws 445.1771
  • Person: means an individual, partnership, corporation, limited liability company, association, or other legal entity. See Michigan Laws 445.1822
  • Person: means an individual, corporation, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 445.1852
  • Person: means an individual, corporation, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 445.1902
  • Personal property: All property that is not real property.
  • Personal protection order: means a personal protection order issued under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 712A.1
  • Personal vehicle: means a motor vehicle with a seating capacity of 8 passengers or fewer, including the driver, that is used by a transportation network company driver that satisfies both of the following:
  •   (i) The vehicle is owned, leased, or otherwise authorized for use by the transportation network company driver. See Michigan Laws 257.2102
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plastic bulk merchandise container: means a plastic pallet, crate, container, or shell used by a producer, distributor, or retailer for the bulk transportation or storage of goods for sale at retail, including, but not limited to, food or beverages. See Michigan Laws 445.2073
  • 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.
  • Police station: means that term as defined in section 43 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 712.1
  • 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.
  • Preexisting business relationship: means a relationship existing before the receipt of an e-mail formed voluntarily by the recipient with another person by means of an inquiry, application, purchase, or use of a product or service of the person sending the e-mail. See Michigan Laws 445.2502
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Preplacement assessment: means an assessment of a prospective adoptive parent as described in section 23f of chapter X. See Michigan Laws 712.1
  • 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.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Promote: means to contrive, prepare, establish, plan, operate, advertise, or otherwise induce or attempt to induce an individual to participate in a pyramid promotional scheme. See Michigan Laws 445.2582
  • Proprietor: means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility, not-for-profit organization, or any other place of business or professional office located in this state in which the public may assemble and in which musical works are publicly and nondramatically performed, broadcast, or transmitted for the enjoyment of the members of the public assembled in that place. See Michigan Laws 445.2102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected consumer: means either of the following:
  •   (i) An individual who is under 16 years of age at the time a request for the placement of a security freeze is made. See Michigan Laws 445.2512
  • Public vehicle show: means a recreational vehicle show that meets the requirements of section 248(10) of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 445.1923
  • Pyramid promotional scheme: means any plan or operation in which an individual gives consideration for the opportunity to receive compensation that is derived primarily from recruiting other individuals into the plan or operation rather than from the sale of products or services to ultimate users or from the consumption or use of product or services by ultimate users. See Michigan Laws 445.2582
  • Qualified juvenile forensic mental health examiner: means 1 of the following who performs forensic mental health examinations for the purposes of section 1062 to 1074 of the mental health code, MCL 330. See Michigan Laws 712A.1
  • Qualified restoration provider: means an individual who the court determines, as a result of the opinion provided by the qualified forensic mental health examiner, has the skills and training necessary to provide restoration services. See Michigan Laws 712A.1
  • Quorum: The number of legislators that must be present to do business.
  • Reasonable and prudent parenting standard: means decisions characterized by careful and sensible parental decisions that maintain a child's health, safety, and best interest while encouraging the emotional and developmental growth of the child when determining whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities. See Michigan Laws 712A.1
  • Record: means a paper, electronic, or other generally accepted method of storing information in a retrievable form. See Michigan Laws 445.2073
  • Record: means a compilation of information that meets all of the following:
  •   (i) Identifies a protected consumer. See Michigan Laws 445.2512
  • Recreational vehicle: means that term as defined in section 49a of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 445.1923
  • Refiner: means a person engaged in the refining of crude oil to produce motor fuel, and includes any affiliate of the person. See Michigan Laws 445.1802
  • Refund anticipation loan: means an extension of credit to a taxpayer that a person arranges to be repaid directly from the proceeds of the taxpayer's federal or state personal income tax refund. See Michigan Laws 446.113
  • Regulated lender: means a depository institution, a licensee under the consumer financial services act, Act No. See Michigan Laws 445.1852
  • Relative: means that term as defined in section 13a of chapter XIIA. See Michigan Laws 710.22
  • Release: means a document in which all parental rights over a specific child are voluntarily relinquished to the department or to a child placing agency. See Michigan Laws 710.22
  • Releasing parties: means that term as defined in the master settlement agreement. See Michigan Laws 445.2051
  • Representative: means an individual who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. See Michigan Laws 445.2512
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Rescission petition: means a petition filed by an adult adoptee and his or her parent whose rights have been terminated to rescind the adoption in which a stepparent acquired parental rights and to restore parental rights of that parent according to section 66 of this chapter. See Michigan Laws 710.22
  • Reservation: means Indian country as defined in 18 USC 1151 and any lands, not covered under that section, title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation. See Michigan Laws 712B.3
  • Restoration: means the process by which education or treatment of a juvenile results in that juvenile becoming competent to proceed. See Michigan Laws 712A.1
  • Retail establishment: means a place of business open to the general public for the sale of goods or services. See Michigan Laws 446.71
  • Retailer: means any person who purchases motor fuel for sale to the general public for ultimate consumption. See Michigan Laws 445.1802
  • Royalties: means the fees payable by a proprietor to a performing rights society for the nondramatic public performance, broadcast, or transmittal of musical works. See Michigan Laws 445.2102
  • Secretary: means the Secretary of the Interior. See Michigan Laws 712B.3
  • Secure facility: means any public or private licensed child caring institution identified by the department as designed to physically restrict the movements and activities of the alleged or adjudicated juvenile offender that has the primary purpose of serving juveniles who have been alleged or adjudicated delinquent, other than a juvenile alleged or adjudicated under section 2(a)(2) to (4) of this chapter. See Michigan Laws 712A.1
  • Security freeze: means a restriction placed on a consumer's credit report at the request of the consumer that prohibits a consumer reporting agency from releasing the consumer's credit report or any information derived from the consumer's credit report without the express authorization of or on behalf of the consumer. See Michigan Laws 445.2512
  • Security freeze for a protected consumer: means any of the following:
  •   (i) If a consumer reporting agency does not have a file pertaining to a protected consumer, a security freeze that meets both of the following:
      (A) Is placed on the protected consumer's record under this
      act. See Michigan Laws 445.2512
  • Seller: means a person that sells, barters, or trades a plastic bulk merchandise container to a dealer. See Michigan Laws 445.2073
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
  • Serious misdemeanor: means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780. See Michigan Laws 712A.1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
  • Sufficient proof of authority: means documentation that shows that a representative has authority to act on behalf of a protected consumer, including, but not limited to, any of the following:
  •   (i) An order issued by a court of law. See Michigan Laws 445.2512
  • Sufficient proof of identification: means information or documentation that identifies a consumer, a protected consumer, or a representative of a protected consumer, including, but not limited to, any of the following:
  •   (i) A social security number or a copy of a social security card issued by the social security administration. See Michigan Laws 445.2512
  • Suitable to be a parent of an adoptee: means a conclusion that there is no specific concern with respect to an individual that would suggest that placement of any child, or a particular child, in the home of the individual would pose a risk of harm to the physical or psychological well-being of the child. See Michigan Laws 710.22
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surrender: means to leave a newborn with an emergency service provider without expressing an intent to return for the newborn. See Michigan Laws 712.1
  • Target: means a person that purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the commercial market and that is, or later becomes, the subject of the patent infringement allegation. See Michigan Laws 446.163
  • Taxicab: means a motor vehicle with a seating capacity of 8 passengers or fewer, including the driver, that is equipped with a roof light and that carries passengers for a fee usually determined by the distance traveled. See Michigan Laws 257.2102
  • Taxicab carrier: means a person who, either directly or through any device, dispatch system, or arrangement, holds himself or herself out to the public as willing to transport passengers for hire by taxicab. See Michigan Laws 257.2102
  • Taxicab driver: means an individual who uses a taxicab to provide transportation services to potential passengers. See Michigan Laws 257.2102
  • Taxpayer: means an individual who files a federal or Michigan personal income tax return. See Michigan Laws 446.113
  • Temporary placement: means a placement that occurs before court approval under section 51 of this chapter and that meets the requirements of section 23d of this chapter. See Michigan Laws 710.22
  • Testify: Answer questions in court.
  • to place: means selection of an adoptive parent for a child and transfer of physical custody of the child to a prospective adoptive parent in compliance with this chapter. See Michigan Laws 710.22
  • Tobacco product manufacturer: means an entity that after December 28, 1999 directly (and not exclusively through any affiliate) meets 1 or more of the following:
  •   (i) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States). See Michigan Laws 445.2051
  • 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.
  • Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that is both of the following:
  •   (i) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. See Michigan Laws 445.1902
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transient customer: means a person who owns a recreational vehicle, is temporarily traveling through a dealer's area of sales responsibility, and engages the dealer to perform service work on that recreational vehicle. See Michigan Laws 445.1923
  • Transportation network company: means a person operating in this state that uses a digital network to connect transportation network company riders to transportation network company drivers who provide transportation network company prearranged rides. See Michigan Laws 257.2102
  • Transportation network company driver: means an individual who satisfies all of the following:
  •   (i) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company. See Michigan Laws 257.2102
  • Transportation network company prearranged ride: means the provision of transportation by a transportation network company driver to a transportation network company rider, beginning when a transportation network company driver accepts a ride requested by a transportation network company rider through a digital network controlled by a transportation network company, continuing while the transportation network company driver transports the requesting transportation network company rider, and ending when the last requesting transportation network company rider departs from the personal vehicle. See Michigan Laws 257.2102
  • Transportation network company rider: means an individual who uses a transportation network company's digital network to connect with a transportation network company driver who provides a transportation network company prearranged ride to the transportation network company rider in the transportation network company driver's personal vehicle between points chosen by the transportation network company rider. See Michigan Laws 257.2102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Tribal court: means a court with jurisdiction over child custody proceedings that is either a court of Indian offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe that is vested with authority over child custody proceedings. See Michigan Laws 712B.3
  • tribe: means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including any Alaska native village as defined in section 1602(c) of the Alaska native claims settlement act, 43 USC 1602. See Michigan Laws 712B.3
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Units sold: means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the state on packs (or "roll-your-own" tobacco containers) bearing the excise tax stamp of the state. See Michigan Laws 445.2051
  • Unsolicited: means without the recipient's express permission. See Michigan Laws 445.2502
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • 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.
  • Warrantor: means a manufacturer or any other person that provides a warranty to the consumer in connection with a new recreational vehicle or parts, accessories, or components of a new recreational vehicle. See Michigan Laws 445.1923