WHAT THE WORDS MEAN
Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Michigan law uses, what it actually means, and the misreading it usually collects.
42 terms
A
Any bodily alcohol content
For a minor under the liquor code, 0.02 or more, or any presence of alcohol from drinking outside a religious service or ceremony.
Also called MIP, minor in possession, under 21 drinking
For a minor under the liquor code, 0.02 or more, or any presence of alcohol from drinking outside a religious service or ceremony.
What it is not
A first violation is a state civil infraction with a fine of up to $100, and it can be admitted or found only once.
B
Basic speed law
The rule that every driver drives at a careful and prudent speed for the traffic, the road and the conditions, and never faster than will permit a stop within the assured, clear distance ahead.
Also called too fast for conditions, assured clear distance
The rule that every driver drives at a careful and prudent speed for the traffic, the road and the conditions, and never faster than will permit a stop within the assured, clear distance ahead.
What it is not
Where no sign is properly posted, it is the limit in effect, apart from the residential streets and the general 55 mph limit the section sets without signs.
C
Civil demand
A written demand a store may send for the retail price of property not recovered, plus civil damages of 10 times the retail price, not less than $50 and not more than $200.
Also called shoplifting letter, civil recovery letter
A written demand a store may send for the retail price of property not recovered, plus civil damages of 10 times the retail price, not less than $50 and not more than $200.
What it is not
It is not a court order. The wording the statute sets tells the person they are not required to respond, and paying does not prevent a criminal prosecution.
Course of conduct
A pattern of 2 or more separate acts showing a continuity of purpose, which stalking requires.
Also called pattern, repeated contact
A pattern of 2 or more separate acts showing a continuity of purpose, which stalking requires.
What it is not
Harassment inside it does not include constitutionally protected activity or conduct that serves a legitimate purpose.
D
Dating relationship
Frequent, intimate associations primarily characterized by the expectation of affectional involvement.
Also called boyfriend, girlfriend, partner
Frequent, intimate associations primarily characterized by the expectation of affectional involvement.
What it is not
It does not include a casual relationship or an ordinary fraternization between 2 people in a business or social context.
Demand for possession
The written notice that starts an eviction for unpaid rent. A tenant who has not paid within 7 days from service of the demand is the one the court may remove.
Also called notice to quit, 7 day notice, eviction notice
The written notice that starts an eviction for unpaid rent. A tenant who has not paid within 7 days from service of the demand is the one the court may remove.
What it is not
Rent due does not include accelerated debt from a breach of the lease, and the notice is not itself a removal: that takes a court.
Disorderly person
The statute's name for a list of misdemeanors, among them being intoxicated in a public place while endangering others or causing a public disturbance, indecent conduct in public, and window peeping.
Also called disorderly conduct, drunk and disorderly
The statute's name for a list of misdemeanors, among them being intoxicated in a public place while endangering others or causing a public disturbance, indecent conduct in public, and window peeping.
What it is not
Being intoxicated in public is not on the list by itself: the section adds endangering someone or property, or causing a public disturbance.
E
Eavesdrop
To overhear, record, amplify or transmit any part of the private discourse of others without the permission of all persons engaged in the discourse.
Also called secret recording, wiretap
To overhear, record, amplify or transmit any part of the private discourse of others without the permission of all persons engaged in the discourse.
What it is not
The words private discourse and of others are where the argument about a particular recording is had. Doing it with a device is a felony of up to 2 years, a fine of up to $2,000, or both.
Ex parte order
An order issued without notice to the other side, where delay would cause immediate and irreparable harm. A personal protection order issued that way is valid for not less than 182 days.
Also called emergency PPO, order without a hearing
An order issued without notice to the other side, where delay would cause immediate and irreparable harm. A personal protection order issued that way is valid for not less than 182 days.
What it is not
It is not beyond answering: the person restrained has 14 days after being served or getting notice to move to modify or rescind it.
Exempt property
Property of a judgment debtor and their dependents that a creditor cannot have seized and sold under an execution, as the section lists it, such as household goods up to $1,000 in value.
Also called judgment proof, what they can't take
Property of a judgment debtor and their dependents that a creditor cannot have seized and sold under an execution, as the section lists it, such as household goods up to $1,000 in value.
What it is not
The homestead exemption does not apply to a mortgage lawfully obtained on the homestead, and wages and bank accounts reached by garnishment are governed by other provisions.
F
Felonious assault
An assault with a gun, knife, club or other dangerous weapon: a felony of up to 4 years, a fine of $2,000, or both.
Also called assault with a dangerous weapon, ADW
An assault with a gun, knife, club or other dangerous weapon: a felony of up to 4 years, a fine of $2,000, or both.
Fleeing and eluding
A driver willfully failing to obey an officer's signal to stop by speeding up, turning off the vehicle's lights, or otherwise trying to flee or elude.
Also called running from the police, evading
A driver willfully failing to obey an officer's signal to stop by speeding up, turning off the vehicle's lights, or otherwise trying to flee or elude.
What it is not
Even the lowest degree is a felony: fourth degree carries up to 2 years, $500, or both.
Forwarding address
The written notice of a new address a tenant gives the landlord within 4 days after the occupancy ends, at the address the landlord gave.
Also called new address, where to send the deposit
The written notice of a new address a tenant gives the landlord within 4 days after the occupancy ends, at the address the landlord gave.
What it is not
Missing it does not forfeit the deposit. It relieves the landlord of sending the notice of damages, and the tenant's later claim to the deposit is not lost.
Freedom of Information Act
Michigan's public records law. A written request describing a record well enough to find it gives a right to inspect, copy or receive copies, and the public body has to respond within 5 business days after it receives the request.
Also called FOIA, public records request, open records
Michigan's public records law. A written request describing a record well enough to find it gives a right to inspect, copy or receive copies, and the public body has to respond within 5 business days after it receives the request.
What it is not
An email or fax request is not received until 1 business day after it is sent, and 1 notice may extend the time by not more than 10 business days.
G
Good cause attributable to the employer
The reason for leaving that avoids disqualification from unemployment benefits for a voluntary quit. Anyone who left is presumed to have left voluntarily, and the claimant carries the burden of proving otherwise.
Also called quit with good cause, voluntary quit
The reason for leaving that avoids disqualification from unemployment benefits for a voluntary quit. Anyone who left is presumed to have left voluntarily, and the claimant carries the burden of proving otherwise.
What it is not
It is not any good reason. It has to be attributable to the employer, and leaving for medical reasons has its own conditions before leaving.
H
High BAC
An alcohol content of 0.17 or more, the higher tier of the OWI section. A first conviction carries 1 or more of up to 180 days, a fine of $200 to $700, and up to 360 hours of community service.
Also called super drunk, 0.17 or more
An alcohol content of 0.17 or more, the higher tier of the OWI section. A first conviction carries 1 or more of up to 180 days, a fine of $200 to $700, and up to 360 hours of community service.
Hold (a phone while driving)
To physically support a mobile electronic device with any part of the hands, arms or shoulders, which a driver may not do while operating a motor vehicle.
Also called hands free law, texting and driving
To physically support a mobile electronic device with any part of the hands, arms or shoulders, which a driver may not do while operating a motor vehicle.
What it is not
Stopped is not parked. Operating includes being temporarily stopped in traffic, at a light or at a stop sign; only a vehicle that is lawfully parked is not being operated.
Home solicitation sale
A sale over $25 solicited in person, by phone or in writing, where the buyer receives the solicitation and agrees to buy at home. The buyer may cancel until midnight of the third business day after signing.
Also called door to door sale, three day cancel
A sale over $25 solicited in person, by phone or in writing, where the buyer receives the solicitation and agrees to buy at home. The buyer may cancel until midnight of the third business day after signing.
What it is not
It does not include a sale at the seller's business location, a sale after negotiations there, or a sale from a printed advertisement, among others the act lists.
I
Immediate disclosure
A concealed pistol licensee's duty, when stopped by a peace officer, to disclose immediately that a pistol is being carried, on the person or in the vehicle.
Also called duty to inform, telling the officer about the gun
A concealed pistol licensee's duty, when stopped by a peace officer, to disclose immediately that a pistol is being carried, on the person or in the vehicle.
What it is not
It is not on request. Failing to is a civil infraction with a $500 fine and a 6 month suspension of the license for a first offense.
Implied consent
The rule that a person who drives on a Michigan highway is considered to have consented to a chemical test on arrest for the offenses the section lists.
Also called chemical test, refusing the breathalyzer
The rule that a person who drives on a Michigan highway is considered to have consented to a chemical test on arrest for the offenses the section lists.
What it is not
It is about the test after an arrest, not the roadside one. Where a person refuses and does not request a hearing within 14 days after the notice, the license is suspended or denied for 1 year, or 2 years for a second refusal within 7 years.
Interim bond
Money posted with the arresting officer, a supervisor, or the sheriff or deputy in charge of the jail, after an arrest for a misdemeanor punishable by not more than 1 year, when no magistrate is available.
Also called bail at the station, bond before seeing a judge
Money posted with the arresting officer, a supervisor, or the sheriff or deputy in charge of the jail, after an arrest for a misdemeanor punishable by not more than 1 year, when no magistrate is available.
What it is not
Its amount is not open ended: the officer sets it at not more than the maximum possible fine and not less than 20% of the minimum possible fine.
Inventory checklist
The form used at both ends of a tenancy to record the unit's condition. The landlord gives the tenant 2 blank copies, and the tenant returns 1 within 7 days after receiving possession, unless both agree to a shorter period.
Also called move in checklist, condition report
The form used at both ends of a tenancy to record the unit's condition. The landlord gives the tenant 2 blank copies, and the tenant returns 1 within 7 days after receiving possession, unless both agree to a shorter period.
N
Notice of damages
The list a landlord mails to claim part of a deposit: each item of damage with the estimated cost of repairing it, and the difference between the damages claimed and the deposit.
Also called itemized list, damage list, deduction letter
The list a landlord mails to claim part of a deposit: each item of damage with the estimated cost of repairing it, and the difference between the damages claimed and the deposit.
What it is not
It is not optional paperwork. Without it, mailed within 30 days after the occupancy ends, the landlord is treated as agreeing that no damages are due.
O
Obstruct
Under the resisting and obstructing statute, the use or threatened use of physical interference or force, or a knowing failure to comply with a lawful command.
Also called resisting and obstructing, R and O
Under the resisting and obstructing statute, the use or threatened use of physical interference or force, or a knowing failure to comply with a lawful command.
What it is not
It is not only physical. A knowing failure to comply with a lawful command is inside the definition, and resisting or obstructing is a felony of up to 2 years or $2,000.
Operating while intoxicated
Operating a vehicle on a highway or any place open to the public or generally accessible to vehicles, parking areas included, while under the influence, or with an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
Also called OWI, drunk driving, DUI
Operating a vehicle on a highway or any place open to the public or generally accessible to vehicles, parking areas included, while under the influence, or with an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
What it is not
Michigan does not call it OVI or DUI, and the offense is not limited to a public road: a parking area open to the public counts.
Operating while visibly impaired
Operating a vehicle when the ability to operate is visibly impaired by alcohol or another substance.
Also called OWVI, impaired driving
Operating a vehicle when the ability to operate is visibly impaired by alcohol or another substance.
What it is not
It is a separate, lower offense in the same section as OWI, with its own penalties, and it carries 4 points rather than 6.
P
Passenger area
The area designed to seat the driver and passengers while the vehicle is in operation, and any area readily reachable from a seat, the glove compartment included.
Also called open container, open bottle in the car
The area designed to seat the driver and passengers while the vehicle is in operation, and any area readily reachable from a seat, the glove compartment included.
What it is not
The glove compartment is inside it. Only in a vehicle with no trunk or separate compartment may an open container ride in a locked glove compartment, behind the last upright seat, or where nobody normally sits.
Personal protection order
An order of the family division of circuit court forbidding specific acts, available against a spouse or former spouse, a dating partner, someone they have a child with or a household member, or against anyone where the petition alleges stalking.
Also called PPO, restraining order, protective order
An order of the family division of circuit court forbidding specific acts, available against a spouse or former spouse, a dating partner, someone they have a child with or a household member, or against anyone where the petition alleges stalking.
What it is not
It takes effect when a judge signs it, not when it is served, and it is enforceable anywhere in Michigan from that moment.
Points
The entries the Secretary of State records on a driving record for each conviction or civil infraction determination, by the schedule in the section: 1 for more than 1 and up to 5 mph over, up to 6 for the most serious offenses.
Also called points on my license, driving record points
The entries the Secretary of State records on a driving record for each conviction or civil infraction determination, by the schedule in the section: 1 for more than 1 and up to 5 mph over, up to 6 for the most serious offenses.
What it is not
Points are not the fine. Once a driver has accumulated 9 points, the Secretary of State may call the driver in for an interview, and not appearing adds 3 more.
Preliminary breath test
The breath test at the roadside, before any arrest. Refusing it on a lawful request is a civil infraction for most drivers.
Also called PBT, roadside breath test, portable breathalyzer
The breath test at the roadside, before any arrest. Refusing it on a lawful request is a civil infraction for most drivers.
What it is not
It is a different test from the chemical test after an arrest, and refusing it is a different matter: the implied consent rule and its license suspension belong to the chemical test.
Private place
A place where a person may reasonably expect to be safe from casual or hostile intrusion or surveillance.
Also called expectation of privacy
A place where a person may reasonably expect to be safe from casual or hostile intrusion or surveillance.
What it is not
It does not include a place to which the public or a substantial group of the public has access.
R
Retail fraud
Taking goods, switching or hiding a price to pay less, or getting a refund for goods never paid for, in a store or its immediate vicinity while it is open.
Also called shoplifting
Taking goods, switching or hiding a price to pay less, or getting a refund for goods never paid for, in a store or its immediate vicinity while it is open.
What it is not
It is graded by value, like larceny: third degree under $200, second from $200 to under $1,000, and first at $1,000 or more.
Retaliatory eviction
An eviction intended primarily as a penalty for trying to enforce rights, or for complaining to a government authority about a health or safety code violation. A judgment for possession may not be entered where the tenant establishes it.
Also called retaliation, evicted for complaining
An eviction intended primarily as a penalty for trying to enforce rights, or for complaining to a government authority about a health or safety code violation. A judgment for possession may not be entered where the tenant establishes it.
What it is not
Who has to prove it depends on 90 days. Where the tenant acted within 90 days before the case began and that action was not dismissed or denied, retaliation is presumed unless the landlord proves otherwise.
S
Security deposit
A deposit a landlord may require for a rental unit, which may not exceed one and a half months' rent.
Also called deposit, damage deposit
A deposit a landlord may require for a rental unit, which may not exceed one and a half months' rent.
What it is not
It is not the landlord's to keep by default. A landlord who does not mail an itemized notice of damages within 30 days after the occupancy ends is treated as agreeing that no damages are due, and returns the full deposit immediately.
Setting aside a conviction
Michigan's term for expungement: an order after which the person is considered, for purposes of the law, not to have been previously convicted, with the exceptions the act lists.
Also called expungement, expunge, clean slate
Michigan's term for expungement: an order after which the person is considered, for purposes of the law, not to have been previously convicted, with the exceptions the act lists.
What it is not
The statute calls it a privilege, not a right, and a traffic conviction that is set aside stays on the Secretary of State driving record.
Small claims
The small claims division every district court has, for cases seeking money up to $7,000.
Also called small claims court, people's court
The small claims division every district court has, for cases seeking money up to $7,000.
What it is not
Staying in it gives things up: every party is treated as having waived a lawyer, a jury, recovery above the limit and an appeal, unless a party removes the case before trial.
Statute of limitations
The period within which a lawsuit has to be started. For money due under an ordinary contract it is 6 years from when the claim first accrued, and on a Michigan judgment of a court of record, 10 years.
Also called time limit to sue, old debt, time barred
The period within which a lawsuit has to be started. For money due under an ordinary contract it is 6 years from when the claim first accrued, and on a Michigan judgment of a court of record, 10 years.
Summary proceedings
The court process by which a Michigan landlord recovers possession of a rental.
Also called eviction case, landlord tenant court
The court process by which a Michigan landlord recovers possession of a rental.
What it is not
It is not something a landlord does alone. A lockout is not an eviction; it is unlawful interference with possession, and it carries its own damages.
T
Tabulation
The complete and accurate list of what officers seize under a search warrant, made in the presence of the person whose premises it was, or else of at least 1 other person.
Also called inventory of seized property, search warrant receipt
The complete and accurate list of what officers seize under a search warrant, made in the presence of the person whose premises it was, or else of at least 1 other person.
What it is not
The person gets a copy of the warrant and of the tabulation, or both are left at the place searched. The affidavit does not have to be given or left.
U
Unconsented contact
Contact begun or continued without the person's consent or against their expressed wish, such as following, calls, messages, or showing up at home or work.
Also called unwanted contact, keeps contacting me
Contact begun or continued without the person's consent or against their expressed wish, such as following, calls, messages, or showing up at home or work.
What it is not
A request to stop changes what the law presumes. Repeated contact after the victim asked for it to stop is presumed to have caused the fear the offense requires, unless that is rebutted.
Unlawful interference with possession
An owner interfering with a tenant's possession by force or threat, removing belongings, changing the locks without immediately handing over keys, boarding the premises, removing doors or windows, or cutting off heat, running water, hot water, electric or gas.
Also called lockout, self help eviction, changed the locks
An owner interfering with a tenant's possession by force or threat, removing belongings, changing the locks without immediately handing over keys, boarding the premises, removing doors or windows, or cutting off heat, running water, hot water, electric or gas.
What it is not
It is not an eviction and not a shortcut to one. The tenant may recover actual damages or $200, whichever is greater, for each occurrence, and possession if it was lost.
W
Writ of restitution
The court's order, issued after a judgment for possession, that a court officer or bailiff, the sheriff or a deputy, or a local police officer carries out by removing the occupants and their property.
Also called eviction order, order of eviction
The court's order, issued after a judgment for possession, that a court officer or bailiff, the sheriff or a deputy, or a local police officer carries out by removing the occupants and their property.
What it is not
A judgment is not the removal, and the landlord is not the one who carries it out. Removal happens under the writ, by one of the officers the statute names.
About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Michigan attorney answers and a glossary cannot. Current as of September 2026.