Michigan Laws > Chapters 701-713 > Act 288 of 1939 > Chapter X – Michigan Adoption Code
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Terms Used In Michigan Laws > Chapters 701-713 > Act 288 of 1939 > Chapter X - Michigan Adoption Code
- 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
- 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.
- 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
- Allegation: something that someone says happened.
- 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.
- 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 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
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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
- 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 710.22Born 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 Child: means an individual less than 18 years of age. See Michigan Laws 710.22 Child placing agency: means a private organization licensed under 1973 PA 116, MCL 722. See Michigan Laws 710.22 Commissioner: means the commissioner of the financial institutions bureau of the department of consumer and industry services. See Michigan Laws 445.1852 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. 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 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Contract: means any oral or written agreement. See Michigan Laws 445.1802 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. 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 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 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 445.1822Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. 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 health and human services. See Michigan Laws 710.22 Department: means the department of the attorney general. See Michigan Laws 445.1771 Department: means the department of state. See Michigan Laws 445.1923 Dependent: A person dependent for support upon another. 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: 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 445.1802Docket: A log containing brief entries of court proceedings. 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. 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 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 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 member: means any of the following:
(i) A spouse of an individual. See Michigan Laws 445.1923Finance 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 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 Formal placement: means a placement that is approved by the court under section 51 of this chapter. See Michigan Laws 710.22 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. 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 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. 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 in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC 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 445.1923Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. 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 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 445.1902Mortgage: The written agreement pledging property to a creditor as collateral for a loan. 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 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 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. 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 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, partnership, corporation, limited liability company, association, trust, estate, or other legal entity. See Michigan Laws 445.1923 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: 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, 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 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. 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 Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will 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 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 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. 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 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 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 Retailer: means any person who purchases motor fuel for sale to the general public for ultimate consumption. See Michigan Laws 445.1802 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 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. 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 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 Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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 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 445.1902Transient 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 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. Venue: The geographical location in which a case is tried. 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