Michigan Laws > Chapter 333 > Act 368 of 1978 > Article 2 – Administration
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Terms Used In Michigan Laws > Chapter 333 > Act 368 of 1978 > Article 2 - Administration
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Active service: means that term as defined in section 105 of the Michigan military act, 1967 PA 150, MCL 32. See Michigan Laws 32.432
- Ad valorem general property tax: means taxes levied under the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 324.51101
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Adjutant general: means the adjutant general of this state. See Michigan Laws 32.432
- Administrative act: includes an action, omission, decision, recommendation, practice, or other procedure of the department. See Michigan Laws 4.351
- administrator: means the administrator of veterans affairs, or his successor. See Michigan Laws 35.71
- 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.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Aircraft: means that term as defined in section 2 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259. See Michigan Laws 777.1
- 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.
- annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 8.3d
- 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.
- Appraisal: A determination of property value.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- 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.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Authority: means the Michigan forest finance authority created in section 50503. See Michigan Laws 324.50502
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- benefits: shall mean all moneys paid or payable by the United States through the veterans administration. See Michigan Laws 35.71
- Bequest: Property gifted by will.
- Board: means the Michigan veterans' trust fund board of trustees created in subsection (1). See Michigan Laws 35.603b
- Board: means the board of directors of the Michigan forest finance authority, except where the context clearly requires a different definition. See Michigan Laws 324.50502
- Board certified: means certified to practice in a particular medical specialty by a national board recognized by the American Board of Medical Specialties or the American Osteopathic Association. See Michigan Laws 333.2701
- Bonds: means bonds of the authority issued as provided in this part. See Michigan Laws 324.50502
- Bureau: means the legislative service bureau. See Michigan Laws 4.1102
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Certified nurse midwife: means an individual who is licensed as a registered professional nurse under part 172 who has been granted a specialty certification in the practice of nurse midwifery by the Michigan board of nursing under section 17210. See Michigan Laws 333.2701
- Certified nurse practitioner: means an individual who is licensed as a registered professional nurse under part 172 who has been granted a specialty certification as a nurse practitioner by the Michigan board of nursing under section 17210. See Michigan Laws 333.2701
- Chief executive official: means :
(i) In the case of a county with an elected county executive, the county executive. See Michigan Laws 30.402city: whenever used in this act , shall be construed to mean a city incorporated under this act, or made subject to its provisions. See Michigan Laws 113.10 Clinical nurse specialist-certified: means an individual who is licensed as a registered professional nurse under part 172 who has been granted a specialty certification as a clinical nurse specialist by the Michigan board of nursing under section 17210. See Michigan Laws 333.2701 commercial forestland: means forestland that is determined to be a commercial forest under section 51104. See Michigan Laws 324.51101 Commission: means the Michigan law revision commission. See Michigan Laws 4.1102 Commission: means the health information technology commission created under section 2503. See Michigan Laws 333.2501 Commission: means the commission of natural resources. See Michigan Laws 324.301 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Complainant: means a prisoner or legislator who files a complaint under section 4. See Michigan Laws 4.351 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation. Conference report: The compromise product negotiated by the conference committee. The "conference report" is submitted to each chamber for its consideration, such as approval or disapproval. 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. 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. Council: means the legislative council established under section 15 of article IV of the state constitution of 1963. See Michigan Laws 4.351 Council: means the legislative council. See Michigan Laws 4.1102 Council administrator: means the chief executive officer of all legislative council agencies. See Michigan Laws 4.1102 Course of study: means an individual class, or group of classes, in which an eligible person is enrolled for the purpose of obtaining a not-yet-completed training program, obtaining a not-yet-completed certificate program, or obtaining a not-yet-completed associate, bachelor's, or master's degree. See Michigan Laws 32.432 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. declassification: means the removal of the commercial forest designation pursuant to section 51116. See Michigan Laws 324.51101 Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Dental school: means an accredited program for the training of individuals to become dentists. See Michigan Laws 333.2701 Dentist: means an individual who is licensed to engage in the practice of dentistry under part 166. See Michigan Laws 333.2701 Department: means the department of corrections. See Michigan Laws 4.351 Department: means the department of state police. See Michigan Laws 30.402 Department: means the department of community health. See Michigan Laws 333.2501 Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301 Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301 Dependent: A person dependent for support upon another. Deputy: means any deputy, assistant or other subordinate officer, authorized pursuant to law to exercise all of the powers and discharge the duties of the office. See Michigan Laws 31.2 Designated advanced practice registered nurse: means a certified nurse midwife, certified nurse practitioner, or clinical nurse specialist-certified. See Michigan Laws 333.2701 Designated mental health professional: means an individual who is qualified in the area of mental illness or developmental disabilities and who is 1 of the following:
(i) A nurse. See Michigan Laws 333.2701Designated physician: means a physician qualified in 1 of the physician specialty areas identified in section 2711. See Michigan Laws 333.2701 Designated professional: means a designated physician, designated advanced practice registered nurse, dentist, physician's assistant, or designated mental health professional. See Michigan Laws 333.2701 Devise: To gift property by will. Director: means the director of the department of natural resources. See Michigan Laws 324.301 Disaster: means an occurrence or threat of widespread or severe damage, injury, or loss of life or property resulting from a natural or human-made cause, including, but not limited to, fire, flood, snowstorm, ice storm, tornado, windstorm, wave action, oil spill, water contamination, utility failure, hazardous peacetime radiological incident, major transportation accident, hazardous materials incident, epidemic, air contamination, blight, drought, infestation, explosion, or hostile military action or paramilitary action, or similar occurrences resulting from terrorist activities, riots, or civil disorders. See Michigan Laws 30.402 Disaster: means an extraordinary misfortune caused by an enemy attack upon the United States or by civil disorder and resulting in widespread destruction of life and property. See Michigan Laws 31.2 Discharge: means spilling, leaking, pumping, pouring, emitting, emptying, or dumping. See Michigan Laws 324.9501 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: Docket: A log containing brief entries of court proceedings. Docking facility: means a public, private, or commercial marina, yacht club, dock, or wharf used for mooring, serving, or otherwise handling watercraft. See Michigan Laws 324.9501 Donor: The person who makes a gift. Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Michigan Laws 4.1121 Eligible educational institution: means a public or private college, university, vocational school, technical school, or trade school located in this state. See Michigan Laws 32.432 Eligible person: means a member of the Michigan national guard who meets all of the following conditions:
(i) Is in active service. See Michigan Laws 32.432Emergency: means any occasion or instance in which the governor determines state assistance is needed to supplement local efforts and capabilities to save lives, protect property and the public health and safety, or to lessen or avert the threat of a catastrophe in any part of the state. See Michigan Laws 30.402 Emergency interim successor: means a person designated pursuant to this act who, in the event the incumbent or his deputy is unavailable, is to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by law, or until the lawful incumbent or his deputy is able to resume the exercise of the powers and discharge of the duties of the office. See Michigan Laws 31.2 Enemy attack: means any attack or series of attacks by a power hostile to the United States which causes or may cause death, injury or substantial damage to the people and property in the United States by sabotage, or by the use of bombs, missiles or shells, or any other weapons of conventional, atomic, radiological, chemical, bacteriological, biological or any other nature, process or means. See Michigan Laws 31.2 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escrow: Money given to a third party to be held for payment until certain conditions are met. Estate: means the ownership of real or personal property at the time of death, the title to which was held either in the sole name of the decedent or by the entireties, tenancy in common, or joint tenancy with the spouse, child, or parent of the decedent, but does not include real property owned by the decedent as the homestead of the decedent. See Michigan Laws 35.801 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. Executor: A male person named in a will to carry out the decedent Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Felony: means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 761.1 Fiduciary: A trustee, executor, or administrator. 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. Forbearance: A means of handling a delinquent loan. A 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 Forest management operations and practices: means activities related to the harvesting, reforestation, and other forest management, including, but not limited to, road access for silviculture activity and forest thinning, pest control, disease control, fertilization, forest protection, and wildlife management, that are consistent with principles of sustainable forestry. See Michigan Laws 324.50502 Forest management plan: means a written plan prepared and signed by a registered forester or a natural resources professional that prescribes measures to optimize production, utilization, and regeneration of forest resources. See Michigan Laws 324.51101 Forestland: means a tract of land that may include nonproductive land that is intermixed with productive land that is an integral part of a managed forest and that meets all the following:
(i) Does not have material natural resources other than those resources suitable for forest growth or the potential for forest growth. See Michigan Laws 324.51101Fraud: 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 Fund: means the Michigan national guard tuition assistance fund created in section 4. See Michigan Laws 32.432 Fund: means the commercial forest fund created under section 51112. See Michigan Laws 324.51101 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. 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. Health resource shortage area: means a geographic area, population group, or health facility designated by the department under section 2717. See Michigan Laws 333.2701 Homestead: means a dwelling or a unit in a multiple unit dwelling and includes a mobile home or trailer coach. See Michigan Laws 35.801 Homicide: means any crime in which the death of a human being is an element of that crime. See Michigan Laws 777.1 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 income: shall include only moneys received by the guardian from the veterans administration, all earnings, interest, and profit derived therefrom and all property acquired therewith. See Michigan Laws 35.71 inhabitant: means a resident of a city, township, village, district or county. See Michigan Laws 8.3f Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants. 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. Juror: A person who is on the jury. 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 Legal material: means any of the following:
(i) The state constitution of 1963. See Michigan Laws 4.1121Legislative council agencies: means the bureau, commission, and any other legislative council agency designated by the council. See Michigan Laws 4.1102 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Legislator: means a member of the senate or the house of representatives of this state. See Michigan Laws 4.351 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Licensed professional counselor: means an individual who is licensed under part 181 to engage in the practice of counseling without supervision. See Michigan Laws 333.2701 Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Litter: means rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris, oil, or other foreign substances of every kind and description. See Michigan Laws 324.9501 local unit: means a municipality or county. See Michigan Laws 324.301 Majority leader: see Floor Leaders Marriage and family therapist: means an individual who is licensed under part 169 to engage in the practice of marriage and family therapy. See Michigan Laws 333.2701 Medicaid: means benefits under the program of medical assistance established under title XIX of the social security act, 42 USC 1396 to 1396w-6, and administered by the department under the social welfare act, 1939 PA 280, MCL 400. See Michigan Laws 333.2701 Medical school: means an accredited program for the training of individuals to become physicians. See Michigan Laws 333.2701 Medicare: means benefits under the federal Medicare program established under title XVIII of the social security act, 42 USC 1395 to 1395lll. See Michigan Laws 333.2701 Mental health professional program: means an accredited program for the training of individuals to become a designated mental health professional. See Michigan Laws 333.2701 military duty: means (1) training and service performed by an inductee, enlistee or reservist or any entrant into a temporary component of the armed forces of the United States, and (2) time spent in reporting for and returning from such training and service, or if a rejection occurs, from the place of reporting therefor: Provided, That the time spent does not exceed the minimum time required by law for the inductee or not exceed 3 years for the first enlistment, or not exceed 3 years for the reservist after being recalled to active duty or as soon after the expiration of such 3 years as the reservist is able to obtain orders relieving him from active duty: And provided further, That if the re-employment provision of the selective service act is amended to provide a period of other than 3 years, such a period provided by the selective service act shall apply. See Michigan Laws 35.351 Minority leader: See Floor Leaders 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. Municipality: means a city, village, or township. See Michigan Laws 30.402 Municipality: means a city, village, or township. See Michigan Laws 324.301 National Health Service Corps: means the agency established under 42 USC 254d. See Michigan Laws 333.2701 Natural resources professional: means a person who is acknowledged by the department as having the education, knowledge, experience, and skills to identify, schedule, and implement appropriate forest management practices needed to achieve the purposes of this part on land subject to or to be subject to this part. See Michigan Laws 324.51101 Notes: means notes of the authority issued as provided in this part, including commercial paper. See Michigan Laws 324.50502 Nurse: means an individual who is licensed to engage in the practice of nursing under part 172. See Michigan Laws 333.2701 Nursing program: means an accredited program for the training of individuals to become nurses. See Michigan Laws 333.2701 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. Office: means the office of the legislative corrections ombudsman created under this act. See Michigan Laws 4.351 Official: means an official or employee of the department of corrections. See Michigan Laws 4.351 Official publisher: means :
(i) For the state constitution of 1963, the legislative service bureau. See Michigan Laws 4.1121Oil: means oil of any kind or in any form, including petroleum, fuel oil, sludge, and oil refuse. See Michigan Laws 324.9501 Ombudsman: means the office of legislative corrections ombudsman. See Michigan Laws 4.351 Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. ORV: means that term as defined in section 81101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 777.1 Oversight: Committee review of the activities of a Federal agency or program. Owner: means a person who holds title to the surface estate of forestland subject to this part. See Michigan Laws 324.51101 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. period of war: means that phrase as described in 38 C. See Michigan Laws 35.602 Person: means an individual, partnership, corporation, association, governmental entity, or any other entity. See Michigan Laws 30.402 person: includes a partnership, corporation or an association. See Michigan Laws 35.71 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 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. Physician: means an individual who is licensed as a physician under part 170 or part 175. See Michigan Laws 333.2701 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 officer: means a police officer as defined in section 42 of the Michigan vehicle code, Act No. See Michigan Laws 324.9501 position: means employment, whether probationary or otherwise, held by a public employee at the time of entrance into military duty, but shall not include temporary or casual employment or an office filled by election, nor officers appointed for a fixed term. See Michigan Laws 35.351 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. President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service. Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Prisoner: means a person committed to or under the jurisdiction of the department. See Michigan Laws 4.351 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Property: includes any matter or thing upon or in respect to which an offense may be committed. See Michigan Laws 761.1 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Psychologist: means an individual licensed to engage in the practice of psychology under part 182. See Michigan Laws 333.2701 public employee: means any person holding a position in public employment, both classified and unclassified. See Michigan Laws 35.351 public employer: means any government, department or agency mentioned in subsection (b) of this section employing a public employee in a position. See Michigan Laws 35.351 public employment: means remunerative employment by the government of this state, or of any county, municipality, or other civil or political subdivision thereof, including any department, agency or instrumentality thereof. See Michigan Laws 35.351 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. qualified military veteran: means an individual who meets all of the following requirements:
(a) Before graduation from a high school, the military veteran enlisted in or was drafted into the armed forces of the United States during World War II between December 16, 1940 and December 31, 1946, during the Korean conflict between June 27, 1950 and January 31, 1955, or during the Vietnam era between February 28, 1961 and May 7, 1975. See Michigan Laws 35.341Quorum: 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. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Michigan Laws 4.1121 Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC Registered forester: means a person registered under part 535. See Michigan Laws 324.51101 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Remand: When an appellate court sends a case back to a lower court for further proceedings. 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. Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, Act No. See Michigan Laws 30.402 Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nservice: means service in the armed forces of the United States during a period of war as described in 38 C. See Michigan Laws 35.801 Service obligation: means the contractual obligation undertaken by an individual under section 2705 or section 2707 to provide health care services for a determinable time period at a site designated by the department. See Michigan Laws 333.2701 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. Sewage: means human body wastes, treated or untreated. See Michigan Laws 324.9501 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 Silvicultural practices: means the management and manipulation of forest vegetation for the protection, growth, and enhancement of forest products. See Michigan Laws 324.51101 Snowmobile: means that term as defined in section 82101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 777.1 State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 4.1121 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o State executive officers: means the elected heads of the principal departments of this state. See Michigan Laws 31.2 State forester: means an employee of the department who has a 4-year degree in forest management from an accredited college or university and experience in forest management and who is designated as the state forester by the director. See Michigan Laws 324.50502 State of disaster: means an executive order or proclamation that activates the disaster response and recovery aspects of the state, local, and interjurisdictional emergency operations plans applicable to the counties or municipalities affected. See Michigan Laws 30.402 State of emergency: means an executive order or proclamation that activates the emergency response and recovery aspects of the state, local, and interjurisdictional emergency operations plans applicable to the counties or municipalities affected. See Michigan Laws 30.402 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Sustainable forestry: means that term as defined in section 52501. See Michigan Laws 324.50502 Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. 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. 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. Tuition: means the cost of a course of study at an eligible educational institution, including the cost of instructional fees, laboratory fees, computer fees, and other fees directly related to that eligible person's specific course of study at that eligible educational institution. See Michigan Laws 32.432 Tuition assistance program: means the Michigan national guard tuition assistance program created in section 3. See Michigan Laws 32.432 Unavailable: means that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of the office because of a vacancy, and his duly authorized deputy are not available to exercise the powers and discharge the duties of the office. See Michigan Laws 31.2 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate. Vehicle: means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 777.1 Verdict: The decision of a petit jury or a judge. Vessel: means that term as defined in section 80104 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 777.1 veteran: means an individual who meets all of the following:
(a) Is a veteran as defined in section 1 of 1965 PA 190, MCL 35. See Michigan Laws 35.441veteran: means an individual who meets all of the following:
(a) Is a veteran as defined in section 1 of 1965 PA 190, MCL 35. See Michigan Laws 35.602veterans administration: means the United States veterans administration, its predecessors or successors. See Michigan Laws 35.71 ward: means a beneficiary of the veterans administration. See Michigan Laws 35.71 Watercraft: means a contrivance used or capable of being used for navigation upon water, whether or not capable of self-propulsion, including foreign and domestic vessels engaged in commerce upon the waters of this state, passenger or other cargo-carrying vessels, and privately owned recreational watercraft. See Michigan Laws 324.9501 Waters of this state: means waters within the territorial limits of this state including the waters of the Great Lakes that are under the jurisdiction of this state. See Michigan Laws 324.9501 Writ: A formal written command, issued from the court, requiring the performance of a specific act.