Michigan Laws > Chapter 290 > Act 344 of 1972 – Agricultural Marketing and Bargaining Act
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Terms Used In Michigan Laws > Chapter 290 > Act 344 of 1972 - Agricultural Marketing and Bargaining Act
- access line: means the medium over which a telecommunication user connects into the local exchange. See Michigan Laws 484.2102
- Access service: means access to a local exchange network for the purpose of enabling a provider to originate or terminate telecommunication services within the local exchange. See Michigan Laws 484.2102
- Accredited association: means an association accredited in accordance with this act. See Michigan Laws 290.702
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Agricultural commodity: means all perishable fruits and vegetables as defined by the department. See Michigan Laws 290.702
- 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.
- Association: means a cooperative association of producers or a division thereof, or a federation of cooperative associations of producers, engaged in the marketing, bargaining, shipping, or processing of an agricultural commodity on behalf of its members who are producers of the agricultural commodity. See Michigan Laws 290.702
- bargaining: means the mutual obligation of a handler and an accredited association or their designated representatives to meet at reasonable times and confer and negotiate in good faith. See Michigan Laws 290.713
- case: means a proceeding as defined in section 3 of the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 484.2102
- Commission: means the Michigan public service commission. See Michigan Laws 484.2102
- Commission: means the Michigan public service commission. See Michigan Laws 484.1102
- Committee: means the emergency 9-1-1 service committee created under section 712. See Michigan Laws 484.1102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of agriculture and rural development. See Michigan Laws 290.702
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Educational institution: means a public educational institution or a private non-profit educational institution approved by the department of education to provide a program of primary, secondary, or higher education, a public library, or a nonprofit association or consortium whose primary purpose is education. See Michigan Laws 484.2102
- End user: means the retail subscriber of a telecommunication service. See Michigan Laws 484.2102
- Energy management services: means a service of a public utility providing electric power, heat, or light for energy use management, energy use control, energy use information, and energy use communication. See Michigan Laws 484.2102
- enhanced services: means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information, including energy management services, that is conveyed by telecommunications. See Michigan Laws 484.2102
- 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.
- Exchange: means 1 or more contiguous central offices and all associated facilities within a geographical area in which basic local exchange service is offered by a provider. See Michigan Laws 484.2102
- 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
- Handler: means a person other than an association engaged in the business or practice of any of the following:
(i) Acquiring agricultural commodities from producers or associations for processing or sale. See Michigan Laws 290.702in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Interconnection: means the technical arrangements and other elements necessary to permit the connection between the switched networks of 2 or more providers to enable a telecommunication service originating on the network of 1 provider to terminate on the network of another provider. See Michigan Laws 484.2102 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. License: means a license issued under this act. See Michigan Laws 484.2102 Local calling area: means a geographic area encompassing 1 or more local communities as described in maps, tariffs, or rate schedules filed with and approved by the commission. See Michigan Laws 484.2102 local exchange service: means the provision of an access line and usage within a local calling area for the transmission of high-quality 2-way interactive switched voice or data communication. See Michigan Laws 484.2102 Loop: means the transmission facility between the network interface on a subscriber's premises and the main distribution frame in the servicing central office. See Michigan Laws 484.2102 Majority leader: see Floor Leaders Member: means a producer who has entered into a contract with an association appointing the association as his or her exclusive agent in negotiations with handlers with respect to the marketing of an agricultural commodity. See Michigan Laws 290.702 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. Operator service: means a telecommunication service that includes automatic or live assistance to a person to arrange for completion and billing of a telephone call originating within this state that is specified by the caller through a method other than 1 of the following:
(i) Automatic completion with billing to the telephone from which the call originated. See Michigan Laws 484.2102Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, corporation, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 484.1102 Person: means an individual, partnership, corporation, or association. See Michigan Laws 290.702 Person: means an individual, corporation, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 484.2102 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. Producer: means any person who produces or causes to be produced in any 1 marketing period within the previous 2 marketing periods any agricultural commodity in a quantity beyond his or her own family use and having a minimum value at first point of sale as determined by the department for that agricultural commodity, and who is able, during the marketing period, to transfer to a handler or an association a merchantable title to the agricultural commodity or provide management, labor, machinery, facilities, or any other production input, with the assumption of risk, for the production of the agricultural commodity under a written or oral contract. See Michigan Laws 290.702 provider: means a person that for compensation provides 1 or more telecommunication services. See Michigan Laws 484.2102 Public agency: means a village, township, charter township, or city within the state and any special purpose district located in whole or in part within the state. See Michigan Laws 484.1102 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public safety system: means a communication system operated by a public entity to provide emergency police, fire, medical, and other first responder services. See Michigan Laws 484.2102 Quorum: The number of legislators that must be present to do business. Service supplier: means a person providing a communication service to a service user in this state. See Michigan Laws 484.1102 services: includes regulated and unregulated services offered to customers for the transmission of 2-way interactive communication and associated usage. See Michigan Laws 484.2102 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 Subpoena: A command to a witness to appear and give testimony. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Toll service: means the transmission of 2-way interactive switched communication between local calling areas. See Michigan Laws 484.2102 Unfair practices: means those practices prohibited under section 4. See Michigan Laws 290.702