Michigan Laws > Chapter 600 > Act 236 of 1961 > Chapter 8 – Probate Courts
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws > Chapter 600 > Act 236 of 1961 > Chapter 8 - Probate Courts
- abandoned sign: means a sign or sign structure subject to this act, the owner of which has failed to secure a permit, has failed to identify the sign or sign structure, or has failed to respond to notice. See Michigan Laws 252.302
- activation: means a request by the emergency management coordinator appointed pursuant to section 8 or 9 of the emergency management act, 1976 PA 390, MCL 30. See Michigan Laws 418.161
- Adjacent area: means the area measured from the nearest edge of the right-of-way of an interstate highway, freeway, or primary highway and, in urbanized areas, extending 3,000 feet perpendicularly and then along a line parallel to the right-of-way line or, outside of urbanized areas, extending perpendicularly to the limit where a sign is visible and then along a line parallel to the right-of-way line. See Michigan Laws 252.302
- 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.
- Affected municipality: means a city or village in which a proposed interstate highway route or alternate route would wholly or partly lie. See Michigan Laws 252.151
- 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.
- after-tax average weekly wage: means average weekly wage as defined in section 371 reduced by the prorated weekly amount which would have been paid under the federal insurance contributions act, 26 U. See Michigan Laws 418.313
- 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
- Annual permit: means a permit for a billboard under this act. See Michigan Laws 252.302
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- 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.
- 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
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Automobile graveyard: means any establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts. See Michigan Laws 252.201
- average weekly wage: means the weekly wage earned by the employee at the time of the employee's injury in all employment, inclusive of overtime, premium pay, and cost of living adjustment, and exclusive of any fringe or other benefits which continue during the disability. See Michigan Laws 418.371
- 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.
- Billboard: means a sign separate from a premises erected for the purpose of advertising a product, event, person, or subject not related to the premises on which the sign is located. See Michigan Laws 252.302
- Board: means the highway location arbitration board. See Michigan Laws 252.151
- Business area: means an adjacent area that is zoned by a state, county, township, or municipal zoning authority for industrial or commercial purposes, customarily referred to as "b" or business, "c" or commercial, "i" or industrial, "m" or manufacturing, and "s" or service, and all other similar classifications and that is within a city, village, or charter township or is within 1 mile of the corporate limits of a city, village, or charter township or is beyond 1 mile of the corporate limits of a city, village, or charter township and contains 1 or more permanent structures devoted to the industrial or commercial purposes described in this subdivision and that extends along the highway a distance of 800 feet beyond each edge of the activity. See Michigan Laws 252.302
- Carrier: means a self-insurer or an insurer. See Michigan Laws 418.601
- Chambers: A judge's office.
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Clearinghouse: means the youth employment clearinghouse created in section 3. See Michigan Laws 409.202
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Commission: means the state highway commission or its designated representative. See Michigan Laws 252.151
- Committee: means the Michigan civilian conservation corps partnership steering committee created in section 22. See Michigan Laws 409.321
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Corps: means the Michigan civilian conservation corps established under this chapter. See Michigan Laws 409.302
- Corps: means the Michigan civilian conservation corps established pursuant to this chapter. See Michigan Laws 409.321
- Corpsmember: means a participant in the corps. See Michigan Laws 409.302
- Corpsmember: means a participant in the corps. See Michigan Laws 409.321
- Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
- culvert: as used in this act shall be considered as synonymous terms. See Michigan Laws 254.30
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Department: means the department of state highways. See Michigan Laws 252.151
- Department: means the state transportation department. See Michigan Laws 252.302
- Department: means the department of labor. See Michigan Laws 409.202
- Department: means the department of natural resources. See Michigan Laws 409.302
- Department: means the department of natural resources. See Michigan Laws 409.321
- 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.
- Descendent: One who is directly descended from another such as a child, grandchild, or great grandchild.
- Destroyed sign: means a nonconforming sign that has been damaged by storm, fire, or other casualty that requires customary maintenance and repair in excess of 60% of the replacement cost of a new sign structure constructed of equivalent materials and equipment. See Michigan Laws 252.302
- Devise: To gift property by will.
- Digital billboard: means a sign or sign structure that utilizes an electronic means to display a series of messages that are changed by electronic means. See Michigan Laws 252.302
- Digital billboard permit: means a permit for a digital billboard that is renewable on an annual basis. See Michigan Laws 252.302
- Directional sign: means a sign that contains only directional information regarding and the identification of 1 of the following:
(i) A public or private activity or attraction that is owned or operated by the federal or a state or local government or an agency of the federal or a state or local government. See Michigan Laws 252.302Director: means the director of the department. See Michigan Laws 409.302 Director: means the director of the department. See Michigan Laws 409.321 director: means the director of the bureau or his or her duly authorized representative. See Michigan Laws 418.201 Disability: means a limitation of an employee's wage earning capacity in work suitable to his or her qualifications and training resulting from a personal injury or work-related disease. See Michigan Laws 418.301 disability: means a limitation of an employee's wage earning capacity in work suitable to his or her qualifications and training resulting from a personal injury or work related disease. See Michigan Laws 418.401 Disability: means a limitation of an employee's wage earning capacity in work suitable to his or her qualifications and training resulting from a personal injury or work-related disease. See Michigan Laws 418.301 Disablement: means the event of becoming so disabled. See Michigan Laws 418.401 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Embedded electronic message device: means an accessory that is made part of a sign, sign face, or sign structure with a total area that is less than that of the sign face to which it is attached, and displays only static messages containing text or numbers that are directly associated with the current advertiser. See Michigan Laws 252.302 Employ: means engage, permit, or allow to work. See Michigan Laws 409.102 employee: means :
(a) A person in the service of the state, a county, city, township, village, or school district, under any appointment, or contract of hire, express or implied, oral or written. See Michigan Laws 418.161Employer: means a person, firm, or corporation that employs a minor, and includes the state or a political subdivision of the state, an agency or instrumentality of the state, and an agent of an employer. See Michigan Laws 409.102 employment: includes service performed in the employ of an Indian tribe or tribal unit, if the service is excluded from employment as that term is defined in the federal unemployment tax act, chapter 23 of subtitle C of the internal revenue code of 1986, 26 U. See Michigan Laws 421.13l Employment in the logging industry: means employment in the logging industry as described in the section in the workmen's compensation and employers liability insurance manual, entitled, "logging or lumbering and drivers code no. See Michigan Laws 418.501 Endowment fund: means the Michigan civilian conservation corps endowment fund created in section 12a. See Michigan Laws 409.302 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. Erect: means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish. See Michigan Laws 252.302 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. Existing vegetation: means trees, bushes, and ground cover that the department intends to maintain and that are at least the same size as similar vegetation that the department would customarily install and maintain or allow to be installed and maintained as part of a roadside management plan, roadside management project, or landscaping project. See Michigan Laws 252.302 Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Fiduciary: A trustee, executor, or administrator. fire department: means lawfully organized fire fighting forces, however constituted, including personnel. See Michigan Laws 419.201 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. 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 Freeway: means a divided highway of not less than 2 lanes in each direction to which owners or occupants of abutting property or the public do not have a right of ingress or egress to, from, or across the highway, except at points determined by or as otherwise provided by the authorities responsible for the freeway. See Michigan Laws 252.302 Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor 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. 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 Index: means the Detroit consumer price index for all urban consumers published by the United States bureau of labor statistics or, if that index ceases to be published by the United States bureau of labor statistics, the published index that most closely measures inflation, as determined by the department. See Michigan Laws 252.302 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Insurer: means an organization that transacts the business of worker's compensation insurance within this state. See Michigan Laws 418.601 Interim permit: means a permit that can be utilized by the applicant to construct a sign structure that is visible from a freeway, interstate, or primary highway. See Michigan Laws 252.302 Interstate highway: means a highway route on the interstate system as defined in and designated pursuant to Title 23 of the United States Code, prior to the effective date of this act. See Michigan Laws 252.151 Interstate highway: means a highway officially designated as a part of the national system of interstate and defense highways by the department and approved by the federal government under 23 USC 103. See Michigan Laws 252.302 judgment: as used in this act , includes decree. See Michigan Laws 600.112 Junk: means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled or wrecked automobiles, or parts of automobiles, iron, steel and other old or scrap ferrous or nonferrous material. See Michigan Laws 252.201 Junkyard: means an establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, including garbage dumps and sanitary fills. See Michigan Laws 252.201 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Lineal descendant: Direct descendant of the same ancestors. Location: means a place where a sign structure subject to this act is located. See Michigan Laws 252.302 Main-traveled way: means the traveled way of a highway on which through traffic is carried. See Michigan Laws 252.302 Maintain: means to allow to exist and includes the periodic changing of advertising messages, and customary maintenance and repair of signs and sign structures. See Michigan Laws 252.302 Majority leader: see Floor Leaders Minor: means a person under 18 years of age. See Michigan Laws 409.102 Minority: means a person who is black, hispanic, oriental, eskimo, or an American Indian who is not less than 1/4 quantum Indian blood as certified by the person's tribal association and verified by the Indian affairs commission. See Michigan Laws 409.222 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. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Nationally known: means an activity or attraction that is all of the following:
(i) An active part of a national advertising promotion. See Michigan Laws 252.302Nonconforming sign: means a sign or sign structure, other than a nonstandard sign or a sign that is erected and maintained in a business area along a scenic byway prior to the designation as a scenic byway, that satisfies 1 of the following:
(i) Was legally erected before March 31, 1972 but could not be legally erected under the current provisions of this act. See Michigan Laws 252.302Nonstandard sign: means a sign or sign structure other than a nonconforming sign, that is subject to this act, was legally erected before March 23, 1999, is not a nonconforming sign, and does not comply with the spacing requirements in section 17(1), but otherwise complies with this act. See Michigan Laws 252.302 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. On-premises sign: means a sign advertising activities conducted or maintained on the property on which it is located. See Michigan Laws 252.302 Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. Oversight: Committee review of the activities of a Federal agency or program. Participant: means a person hired under this act who meets the eligibility criteria of section 6. See Michigan Laws 409.222 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. PEGSISF: means the fund created in subsection (4). See Michigan Laws 418.501 Person: means any individual, partnership, private association, or corporation, state, county, city, village, township, charter township, or other public or municipal association or corporation. See Michigan Laws 252.302 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Personal injury: includes a disease or disability that is due to causes and conditions that are characteristic of and peculiar to the business of the employer and that arises out of and in the course of the employment. See Michigan Laws 418.401 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. Primary highway: means a state trunk line highway as designated, or as may hereafter be so designated, by the state highway department, and approved by the United States secretary of transportation, pursuant to the provisions of title 23 of the United States code. See Michigan Laws 252.201 Primary highway: means a highway other than an interstate highway or freeway that is a regulated route. See Michigan Laws 252.302 Private nonprofit organization: means a private nonprofit organization which does not as a substantial part of its activities carry on propaganda or otherwise attempt to influence legislation and which does not participate in or intervene in, including participation or intervention which involves publishing or distributing statements, any political campaign on behalf of any candidate for public office. See Michigan Laws 409.222 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. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Quorum: The number of legislators that must be present to do business. railroad company: as used in this act , shall be taken to embrace any company, association, corporation, or person managing, maintaining, operating, or in possession of a common carrier railroad in whole or in part within this state, whether as owner, contractor, lessee, mortgagee, trustee, assignee or receiver. See Michigan Laws 419.53 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. reasonable employment: means work that is within the employee's capacity to perform that poses no clear and proximate threat to that employee's health and safety, and that is within a reasonable distance from that employee's residence. See Michigan Laws 418.401 Recipient: means a city, village, county, township, school district, intermediate school district, university, community college, private nonprofit organization, or governmental authority, or an agency or department of a city, village, county, township, school district, intermediate school district, or a private nonprofit organization. See Michigan Laws 409.222 Regionally known: means an activity or attraction that is all of the following:
(i) Known throughout this state or the peninsula of this state in which the activity or attraction is located and in 1 or more states adjoining this state. See Michigan Laws 252.302Regulated route: means an interstate highway, freeway, or primary highway required to be regulated under 23 USC 131 and any other route that is required to be regulated or may become required to be regulated by the department under this act or another state or federal statute or legal requirement. See Michigan Laws 252.302 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. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Resident: means an individual who has in this state the individual's true, fixed, and permanent home and principal establishment to which the individual intends to return whenever absent. See Michigan Laws 409.222 Resident: means an individual who has in this state the individual's true, fixed, and permanent home and principal establishment to which the individual intends to return whenever absent. See Michigan Laws 409.302 Resident: means an individual who has in this state the individual's true, fixed, and permanent home and principal establishment to which the individual intends to return whenever absent. See Michigan Laws 409.321 Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, Act No. See Michigan Laws 409.102 Scenic byway: means a regulated route that is required to be regulated as a scenic byway under 23 USC 131. See Michigan Laws 252.302 seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nSecondary highway: means a state secondary road or county primary road. See Michigan Laws 252.201 Self-insurer: means either of the following:
(i) An individual employer authorized to carry its own risk. See Michigan Laws 418.601Service delivery areas: means the administrative entities designated by the governor under the job training partnership act, Public Law 97-300, 96 Stat. See Michigan Laws 409.222 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 Sign: means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing, whether placed individually or on a T-type, V-type, back to back, or double-faced display, that is designed, intended, or used to advertise or inform. See Michigan Laws 252.302 Sign structure: means the assembled components that make up an outdoor advertising display, including, but not limited to, uprights, supports, facings, and trim. See Michigan Laws 252.302 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 department: means a department created in the executive branch of state government pursuant to section 2 of article V of the state constitution of 1963, or a board, commission, agency, or other unit of state government. See Michigan Laws 409.222 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Supervisor: means a person hired to supervise participants of programs operated under this act. See Michigan Laws 409.222 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tobacco product: means any tobacco product sold to the general public and includes, but is not limited to, cigarettes, tobacco snuff, and chewing tobacco. See Michigan Laws 252.302 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. Trivision sign: means a sign or sign structure that uses mechanical means to display more than 1 message in sequence. See Michigan Laws 252.302 Trustee: A person or institution holding and administering property in trust. United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Unzoned commercial or industrial area: means an area that is within an adjacent area, that is not zoned by state or local law, regulation, or ordinance, that contains 1 or more permanent structures devoted to the industrial or commercial purposes described in subdivision (e), and that extends along the highway a distance of 800 feet beyond each edge of the activity. See Michigan Laws 252.302 Venue: The geographical location in which a case is tried. Visible: means a sign that has a message that is capable of being seen by an individual of normal visual acuity when traveling in a motor vehicle. See Michigan Laws 252.302 wage earning capacity: means the wages the employee earns or is capable of earning at a job reasonably available to that employee, whether or not wages are actually earned. See Michigan Laws 418.301 wage earning capacity: means the wages the employee earns or is capable of earning at a job reasonably available to that employee, whether or not actually earned. See Michigan Laws 418.401 Wage loss: means the amount of wages lost due to a disability. See Michigan Laws 418.301 Wage loss: means the amount of wages lost due to a disability. See Michigan Laws 418.401 Writ: A formal written command, issued from the court, requiring the performance of a specific act.