§ 712A.1 Definitions; proceedings not as criminal proceedings; construction of chapter
§ 712A.2 Authority and jurisdiction of court
§ 712A.2a Continuing jurisdiction beyond maximum age; voluntary foster care; extended guardianship assistance; jurisdiction over juvenile committing certain violations; juvenile under jurisdiction of department
§ 712A.2b Violation of vehicle code or corresponding ordinance; procedure
§ 712A.2c Court order authorizing apprehension of juvenile; contents of order; interference with execution of order; penalty
§ 712A.2d Juvenile to be tried as adult; designation by prosecuting attorney or court; factors; probable cause hearing; setting case for trial; proceedings as criminal proceedings; disposition or imposition of
§ 712A.2e Waiver of jurisdiction over civil infractions; agreement
§ 712A.2f Jurisdiction over juvenile; placement of case on consent calendar; maintenance in nonpublic manner; conduct of consent calendar conference; issuance of written consent calendar case plan; order of dis
§ 712A.3 Criminal charge against person under age 17 for offense occurring before October 1, 2021 or age 18 for offense occurring on or after October 1, 2021; transfer of case to family division of circuit cou
§ 712A.3a Prior order of another court affecting child’s welfare; notice, filing, service, disclosure
§ 712A.4 Waiver of jurisdiction when child of 14 or older accused of felony
§ 712A.5 Jurisdiction over juvenile after 19 years of age
§ 712A.6 Jurisdiction; adults
§ 712A.6a Hearing; attendance by parent or guardian required; exception; failure to attend
§ 712A.6b Order affecting nonparent adult
§ 712A.7 Juvenile division of probate court; register of probate; appointment, duties, salary
§ 712A.8 County agent; creation of office; duties; assistants
§ 712A.9 Probation officers; appointment, compensation, duties; notification to social welfare office
§ 712A.9a Probation
§ 712A.10 Designation of probation officer or county agent as referee; duties of referee
§ 712A.11 Preliminary inquiry; petition; effect of juvenile attaining eighteenth birthday; biometric data; amendment of petition or other court record; offer of court services
§ 712A.12 Examination of child; hearing; summons
§ 712A.13 Service of summons
§ 712A.13a Definitions; petition; release of juvenile; order removing abusive person from home; placement of child; foster care; conditions; duty of court to inform parties; criminal record check and central reg
§ 712A.13b Change in foster care placement
§ 712A.14 Officers or county agent authorized to take child into custody; notice; jail or detention facility; release of child; preliminary hearing; order; placement of child; foster care home services
§ 712A.14a Immediate removal of child without court order; conditions; placement order pending preliminary hearing; issuance of placement order by designated judge or referee; “officer” defined
§ 712A.14b Ex parte order authorizing immediate protective custody of child
§ 712A.15 Detention of child pending hearing; release of child; petition; limitation on custody of child pending hearing; detention in secure facility, cell, or other secure area designed to incarcerate adults;
§ 712A.16 Detention and care of juvenile
§ 712A.17 Hearing; informality; adjournment; transcript; jury; giving security for appearance of juvenile; appearance by prosecuting attorney; legal consultant or legal representation; admitting foster care rev
§ 712A.17a Hearing; record; transcription
§ 712A.17b Definitions; proceedings to which section applicable; use of dolls or mannequins; support person; notice; videorecorded statement; shielding of witness; videorecorded deposition; special arrangements
§ 712A.17c Advising child or respondent of right to attorney; appointment of attorney; waiver; appointment of lawyer-guardian ad litem; costs; service until discharged by court; assistance to court
§ 712A.17d Lawyer-guardian ad litem; powers and duties
§ 712A.18 Orders of disposition; reimbursement; guidelines; restitution; condition of probation; revocation or alteration of terms and conditions; community service; biometric data; fingerprints; report to depa
§ 712A.18a Placement or commitment of ward of the court to out-of-state institutions
§ 712A.18b Reimbursement order; failure to comply, contempt of court; assignment of wages
§ 712A.18c Retention of jurisdiction of child committed under MCL 712A.18(1)(e); effective date of subsection (2); annual review; release of child
§ 712A.18d Juvenile committed under MCL 712A.18(1)(e); review hearing; burden of proof; determination; notice; legal counsel; costs; commitment reports; section nonapplicable to juvenile convicted of crime under
§ 712A.18e Application for entry of order setting aside adjudication; filing; contents; hearing; submitting copy of application and fingerprints; report; serving copy of application on attorney general and prose
§ 712A.18f Report; preparation and contents of case service plan; order of disposition; updating and revising case service plan; rules; review by child’s physician in case of abuse and neglect; testimony
§ 712A.18g Commitment under MCL 712A.18(1)(e)
§ 712A.18h Commitment to department of corrections prohibited; exception
§ 712A.18i Delay in sentencing
§ 712A.18j Escape by juvenile from facility or residence; notification; “escape” defined
§ 712A.18k DNA identification profiling; providing samples for chemical testing; assessment; forwarding to department of state police; definitions
§ 712A.18l Evaluation of juvenile for psychiatric or psychological treatment; court order
§ 712A.18m Payment of costs; minimum amounts; disposition; definitions
§ 712A.18n Competency of juvenile; presumption; order to determine competency during proceeding; record
§ 712A.18o Competency evaluation; conduct by qualified forensic mental health examiner; expert witness; additional evaluations at party’s expense; conduct in least restrictive environment
§ 712A.18p Providing information relating to competency; submission of report by qualified forensic mental health examiner; extension; copies of report to be provided to certain individuals
§ 712A.18q Competency hearing
§ 712A.18r Competency evaluations; self-incrimination; evidence or statements inadmissible in proceeding determining responsibility; sealing reports; order to open reports; purposes; confidentiality; disclosure
§ 712A.18s Court finding that juvenile may be restored to competency in foreseeable future; restoration order; renewal; report that substantial probability that juvenile will remain incompetent; actions of court
§ 712A.18t Automatic expungements; exceptions; notification; nonpublic record; disclosure; violation; misdemeanor; implementation
§ 712A.19 Termination of cause; supplemental order of disposition; review hearing; notice of review hearing; factors to be reviewed; modification of case service plan; determination as to placement; order; dete
§ 712A.19a Permanency planning hearing; conditions; time limitation; reunion of child and family not required; purpose; obtaining child’s views regarding permanency plan; consideration of out-of-state placement;
§ 712A.19b Termination of parental rights to child; petition; hearing; record; findings; opinion or order; notice of hearing; suspension of parenting time; grounds for termination; “concerned person” defined
§ 712A.19c Review hearing of child’s placement after termination of parental rights; appointment of guardian; applicability of section
§ 712A.20 Temporary or permanent custody
§ 712A.21 Petition for rehearing; affirming, modifying, or setting aside order; conduct of rehearing; order for supplemental disposition; applicability of section to criminal proceeding; “interested person” con
§ 712A.22 Annual report
§ 712A.23 Use of evidence against juvenile
§ 712A.24 Placement in institutions; summary of information; conveyance of child; progress report
§ 712A.25 Payment of expenses
§ 712A.26 Contempt of court; punishment
§ 712A.27 Quarters, equipment and supplies for use of juvenile division
§ 712A.28 Case records; opening records; order in respect to payments by parent; copy; publicizing action taken against parents or adult; administration of court; reports; form; copies; definitions
§ 712A.29 Allocation and application of money collected; “victim payment” defined
§ 712A.30 “Offense” and “victim” defined; order of restitution
§ 712A.31 Determining amount of restitution; factors in disposition report; disclosure of matters described in subsection (1); burden of demonstrating amount or type of restitution
§ 712A.32 Order to appear for identification; notice of right to attorney; appointment of attorney

Terms Used In Michigan Laws > Chapters 701-713 > Act 288 of 1939 > Chapter XIIA - Jurisdiction, Procedure, and Disposition Involving Minors

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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
  • Allocable share: means that term as defined in the master settlement agreement. See Michigan Laws 445.2051
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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.
  • 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
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • 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
  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • 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: A legal written agreement that becomes binding when signed.
  • 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
  • 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.
  • 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. See Michigan Laws 712A.1
  • 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
  • Customer: means an individual who is lawfully on the premises of a retail establishment. See Michigan Laws 446.71
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • 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 712A.1
  • 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.
  • 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
  • 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
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • 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
  • 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
  • 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
  • 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
  • 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.
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • 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.
  • 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
  • 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
  • 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
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • juvenile: means a person who is less than 17 years of age who is the subject of a delinquency petition. See Michigan Laws 712A.1
  • 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
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • 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.
  • New merchandise: as used in this act shall mean all merchandise not previously sold at retail. See Michigan Laws 446.57
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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.
  • 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
  • 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.
  • 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, 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, sole proprietorship, partnership, corporation, association, or other legal entity. See Michigan Laws 257.2102
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Personal property: All property that is not real property.
  • 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
  • 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.
  • 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
  • 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.
  • 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 law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • 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.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • 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
  • Releasing parties: means that term as defined in the master settlement agreement. See Michigan Laws 445.2051
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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
  • 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
  • seal: shall be construed to include any of the following:
    •   (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n
  • 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
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • 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
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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
  • 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.
  • 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.
  • 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
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • 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.