Michigan Laws > Chapter 330 > Act 258 of 1974 > Chapter 10 – Criminal Provisions
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Terms Used In Michigan Laws > Chapter 330 > Act 258 of 1974 > Chapter 10 - Criminal Provisions
- 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.
- Agent: means a stamping agent, as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493
- 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
- 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.
- 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
- Assessment: means the amount levied against an owner of a transient facility within an assessment district computed by application of the applicable percentage against aggregate room charges with respect to that transient facility during the applicable assessment period. See Michigan Laws 141.1432
- Assessment district: means a combination of 2 or more adjoining municipalities as described in a marketing program. See Michigan Laws 141.1432
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- ASTM: means ASTM international, formerly the American society for testing and materials. See Michigan Laws 29.493
- 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.
- Base state: means the state selected by a motor carrier according to the procedures established by the uniform program. See Michigan Laws 29.472
- Board: means the board of directors of a bureau. See Michigan Laws 141.1432
- Bureau: means a nonprofit corporation incorporated under the laws of this state existing solely to promote convention business and tourism within this state or a portion of this state and that complies with all of the following:
(i) Has been actively engaged in promoting convention business and tourism for not less than 5 years. See Michigan Laws 141.1432Certificate: means a numbered document issued by the state fire marshal to a person who has obtained certification under this act. See Michigan Laws 29.362 Certification: means either of the following:
(i) A determination by the state fire marshal that a person meets the certification requirements for a position within the fire service, as established by the council under this act. See Michigan Laws 29.362Cigarette: means that term as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493 city: 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 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. 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 firefighters training council created under section 3. See Michigan Laws 29.362 Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the department of environmental quality. See Michigan Laws 29.472 Department: means the department of energy, labor, and economic growth. See Michigan Laws 29.493 Director: means the director of the department. See Michigan Laws 29.493 Director: means the chief executive officer of the Michigan economic development corporation or his or her designee. See Michigan Laws 141.1432 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive secretary: means the executive secretary of the council. See Michigan Laws 29.362 Felony: means a violation of the laws of this state, another state, or the United States that is designated as a felony. See Michigan Laws 29.362 Fiduciary: A trustee, executor, or administrator. Fire instructor: means an employee of or volunteer assigned by a political subdivision to assist an organized fire department or public safety department, or other individual who is certified to instruct 1 or more council-approved fire service training programs. See Michigan Laws 29.362 Fire service: means the engaging in the directing or management of emergency response activities, fire safety prevention inspection, plans examination, fire investigation, hazardous material response, technical rescue response, airport rescue response, airport rescue firefighting, fire service instruction, and the enforcement of the general fire laws of this state and the communities therein by fire service members and organized fire departments and public safety departments. See Michigan Laws 29.362 Fire service discipline: means each of the respective certifiable fire service positions included under this act. See Michigan Laws 29.362 Firefighter: means a member of an organized fire department or public safety department who is responsible for, or is in a capacity that includes responsibility for, the extinguishment of fires, the directing of the extinguishment of fires, the directing or management of emergency response activities, fire safety prevention inspection, plans examination, fire investigation, hazardous materials response, technical rescue response, airport rescue response, airport rescue firefighting, fire service instruction, and the enforcement of the general fire laws of this state and the community where he or she serves. See Michigan Laws 29.362 Firefighter training: means an education or training program including a program eligible to receive funding from the fireworks safety fund created in section 11 of the Michigan fireworks safety act, 2011 PA 256, MCL 28. See Michigan Laws 29.362 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. 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 Full-time: means employment during which an individual works scheduled shifts, is paid for all hours he or she works, and works sufficient hours weekly to be classified as a full-time employee by the applicable employing political subdivision. See Michigan Laws 29.362 Fund: means the environmental pollution prevention fund created in section 11130 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 29.472 Germane: On the subject of the pending bill or other business; a strict standard of relevance. 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. Hazardous materials: means any of the following:
(i) "Hazardous waste" as that term is defined in section 11103 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 29.472Health facility or agency: means that term as defined in article 17 of the public health code, Act No. See Michigan Laws 29.411 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 Institution of higher education: means a college or university described in section 4, 5, or 6 of article VIII of the state constitution of 1963 or a junior college or community college established pursuant to section 7 of article VIII of the state constitution of 1963. See Michigan Laws 29.411 Interests of the trust beneficiaries: means the beneficial interests provided in the terms of the trust. See Michigan Laws 700.7103 Issue: means an individual's descendant. See Michigan Laws 700.1105 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC 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. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Manufacturer: means any of the following:
(i) A manufacturer as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493Marketing program: means a program established by a bureau to develop, encourage, solicit, and promote regional convention business and tourism within this state or a portion of this state within which the bureau operates. See Michigan Laws 141.1432 Master plan: means the comprehensive, long-range master plan developed by the Michigan travel commission and the travel bureau under section 2c of the Michigan tourism policy act, 1945 PA 106, MCL 2. See Michigan Laws 141.1432 member: means a person described in subdivision (a), (h), (j), (k), (l), (m), (n), (u), (aa), (dd), (ff), or (ii). See Michigan Laws 29.362 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 Motor carrier: means a person engaged in the transportation of hazardous materials by highway. See Michigan Laws 29.472 New York fire safety standards for cigarettes: means the New York executive law, section 156-c, and the New York fire safety standards for cigarettes, New York compilation of codes, rules, and regulations, title 19, section 429. See Michigan Laws 29.493 Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. Organized fire department: means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29. See Michigan Laws 29.362 Oversight: Committee review of the activities of a Federal agency or program. Owner: means the owner of a transient facility located within the assessment district or, if the transient facility is operated or managed by a person other than the owner, then the operator or manager of that transient facility. See Michigan Laws 141.1432 Paid on-call: means employment during which an individual works on an on-call basis, is paid for all hours he or she works, and only occasionally works scheduled shifts. See Michigan Laws 29.362 paid on-call firefighter: means an individual who is charged with the prevention or suppression of fires and who is directly engaged in the hazards of firefighting or in charge of a designated fire company or companies that are directly engaged in the hazards of firefighting on a volunteer or paid on-call basis. See Michigan Laws 29.362 Part-time: means employment during which an individual is paid for all hours he or she works and works scheduled shifts but works fewer hours weekly than the hours necessary to be classified as a full-time employee by the applicable employing political subdivision. See Michigan Laws 29.362 Participating state: means a state electing to participate in the uniform program by entering a base state agreement. See Michigan Laws 29.472 Person: means an individual or an organization. See Michigan Laws 700.1106 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. Power unit: means a motor vehicle that provides motor power to the entire combination, or to the vehicle if a single unit. See Michigan Laws 29.472 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. Property: means anything that may be the subject of ownership, and includes both real and personal property or an interest in real or personal property. See Michigan Laws 700.1106 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public safety department: means a department of a political subdivision providing both law enforcement and fire services either separately or utilizing a combined response force with personnel trained and certified as both firefighters under this act and law enforcement officers under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 29.362 Quality control and quality assurance program: means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing of cigarettes and ensure that testing repeatability remains within the required repeatability values stated in section 5(2)(g) for all test trials used to certify cigarettes under this act. See Michigan Laws 29.493 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. Repeatability: means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time. See Michigan Laws 29.493 Retail dealer: means a retailer, as that term is defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493 Room: means a room or other space provided for sleeping, including the furnishings and other accessories in the room. See Michigan Laws 141.1432 Sale: means that term as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493 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 wholesaler: means that term as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493 Sell: means to sell or to offer or agree to sell. See Michigan Laws 29.493 Settlor: means a person, including a testator or a trustee, who creates a trust. See Michigan Laws 700.7103 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 Successor: means a person, other than a creditor, who is entitled to property of a decedent under the decedent's will or this act. See Michigan Laws 700.1107 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tobacco products tax act: means the tobacco products tax act, 1993 PA 327, MCL 205. See Michigan Laws 29.493 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. Travel bureau: means the Michigan travel bureau created under section 2a of the Michigan tourism policy act, 1945 PA 106, MCL 2. See Michigan Laws 141.1432 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trust: includes , but is not limited to, an express trust, private or charitable, with additions to the trust, wherever and however created. See Michigan Laws 700.1107 Trustee: A person or institution holding and administering property in trust. Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by the court. See Michigan Laws 700.1107 Unclassified acquirer: means that term as defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493 Uniform application: means the uniform registration and permit application form established under the uniform program. See Michigan Laws 29.472 Uniform program: means the uniform state hazardous materials transportation registration and permit program established in the report submitted and amended pursuant to 49 USC 5119(b). See Michigan Laws 29.472 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Verdict: The decision of a petit jury or a judge. Volunteer: means appointment or employment for which an individual receives no compensation for work provided, or appointment or employment for which an individual receives compensation in the form of reasonable expenses incurred during the course of his or her appointment or employment or other reasonable benefits, including, but not limited to, length of service awards or nominal fees. See Michigan Laws 29.362 Wholesale dealer: means a wholesaler, as that term is defined in section 2 of the tobacco products tax act, MCL 205. See Michigan Laws 29.493