Maine Revised Statutes > Title 10 > Part 13 – Electronic Commerce

		Sections
Chapter 1051	Uniform Electronic Transaction Act	9401 – 9420
Chapter 1053	Maine Digital Signature Act	9501 – 9507

Terms Used In Maine Revised Statutes > Title 10 > Part 13 - Electronic Commerce

Absentee voter: means a person who qualifies under section 751 to cast an absentee ballot. See Maine Revised Statutes Title 21-A Sec. 1
Abuse or neglect: means a threat to a child's health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation including under Title 17?A, sections 282, 852, 853 and 855 or deprivation of essential needs, or lack of protection from these, by a person responsible for the child. See Maine Revised Statutes Title 22 Sec. 4002
Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
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.
Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Maine Revised Statutes Title 10 Sec. 9402
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.
Any election: means primary and general elections and referenda, whether regular or special. See Maine Revised Statutes Title 21-A Sec. 1
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.
Automated transaction: means a transaction conducted or performed, in whole or in part, by electronic means or electronic records in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course of forming a contract, performing under an existing contract or fulfilling an obligation required by the transaction. See Maine Revised Statutes Title 10 Sec. 9402
Business day: means any day of the calendar year other than a Saturday, Sunday or legal holiday. See Maine Revised Statutes Title 21-A Sec. 1
Candidate: means any person who has filed a petition under either sections 335 and 336 or sections 354 and 355 and has qualified as a candidate by either procedure, or any person who has received contributions or made expenditures or has given consent for any other person to receive contributions or make expenditures with the intent of qualifying as a candidate. See Maine Revised Statutes Title 21-A Sec. 1
Central voter registration system: means a single electronic information system and database for voter registration information maintained by the Secretary of State and used by all municipal jurisdictions in the State. See Maine Revised Statutes Title 21-A Sec. 1
Closed period: means that time period when the registrar may accept only those voter registration applications presented in person. See Maine Revised Statutes Title 21-A Sec. 1
Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 544
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Computer program: means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. See Maine Revised Statutes Title 10 Sec. 9402
Contract: means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. See Maine Revised Statutes Title 10 Sec. 9402
Critical area: means any natural area documented by the Natural Areas Program that is conserved or protected in its natural condition through voluntary action. See Maine Revised Statutes Title 12 Sec. 544
Custodian: means the person who has legal custody and power over the person of a child. See Maine Revised Statutes Title 22 Sec. 4002
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decedent: A deceased person.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Digital signature: means a computer-created electronic signature that:

A. See Maine Revised Statutes Title 10 Sec. 9502

Docket: A log containing brief entries of court proceedings.

Election official: means a warden, ward clerk, deputy warden or election clerk. See Maine Revised Statutes Title 21-A Sec. 1

Election year: means the calendar year within which a particular election is held. See Maine Revised Statutes Title 21-A Sec. 1

Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Maine Revised Statutes Title 10 Sec. 9402

Electronic agent: means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances, in whole or in part, without review or action by an individual. See Maine Revised Statutes Title 10 Sec. 9402

Electronic record: means a record created, generated, sent, communicated, received or stored by electronic means. See Maine Revised Statutes Title 10 Sec. 9402

Electronic signature: means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Maine Revised Statutes Title 10 Sec. 9402

employee: includes an officer of a political subdivision of the State. See Maine Revised Statutes Title 5 Sec. 19002

employment: means any service performed by an employee in the employ of any political subdivision of the State, for such employer, except service which in the absence of an agreement entered into under this chapter would constitute "employment" as defined in the Social Security Act; or service which under the Social Security Act may not be included in an agreement between the State and the Federal Security Administrator entered into under this chapter. See Maine Revised Statutes Title 5 Sec. 19002

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.

Ex officio: Literally, by virtue of one's office.

Executor: A male person named in a will to carry out the decedent

Federal Insurance Contributions Act: means the Federal Internal Revenue Code, chapter 9, subchapter A, as such Code has been and may from time to time be amended. See Maine Revised Statutes Title 5 Sec. 19002

Federal office: means the office of the United States Senator or Representative to Congress. See Maine Revised Statutes Title 21-A Sec. 1

Federal Security Administrator: includes any individual to whom the Federal Security Administrator has delegated any of his functions under the Social Security Act with respect to coverage under such Act of employees of states and their political subdivisions. See Maine Revised Statutes Title 5 Sec. 19002

Fiduciary: A trustee, executor, or administrator.

General election: means the regular election of state and county officials occurring biennially in November. See Maine Revised Statutes Title 21-A Sec. 1

Governmental agency: means an executive, legislative or judicial agency, department, board, commission, authority, institution or instrumentality of the Federal Government or of a state or of a county, municipality or other political subdivision of a state. See Maine Revised Statutes Title 10 Sec. 9402

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: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72

Incoming voting list: means the printed list of all of the voters in a municipality that is used by election officials at a voting place to record which voters have been issued a ballot at an election. See Maine Revised Statutes Title 21-A Sec. 1

Information: means data, text, images, sounds, codes, computer programs, software, databases or the like. See Maine Revised Statutes Title 10 Sec. 9402

Information processing system: means an electronic system for creating, generating, sending, receiving, storing, displaying or processing information. See Maine Revised Statutes Title 10 Sec. 9402

jeopardy: means serious abuse or neglect, as evidenced by:

A. See Maine Revised Statutes Title 22 Sec. 4002

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.

lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72

Licensed camping facility: means a recreational camp, youth camp or camping area licensed under Title 22, section 2495. See Maine Revised Statutes Title 12 Sec. 9321-B

Licensed mental health professional: means a psychiatrist, licensed psychologist, licensed clinical social worker or certified social worker. See Maine Revised Statutes Title 22 Sec. 4002

may: when used in this Title, is used in a permissive sense to grant authority or permission, but not to create duty, to act in the manner specified by the context. See Maine Revised Statutes Title 21-A Sec. 7

municipal clerk: means the clerk, deputy clerk or assistant clerk, where directed by the clerk to carry out duties under this Title, of a municipality. See Maine Revised Statutes Title 21-A Sec. 1

municipal clerk: means the clerk of a municipality. See Maine Revised Statutes Title 30-A Sec. 2001

Municipal officers: means the mayor and aldermen or councillors of a city, the members of the select board or councillors of a town and the assessors of a plantation. See Maine Revised Statutes Title 21-A Sec. 1

Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72

Municipal officers: means :

A. See Maine Revised Statutes Title 30-A Sec. 2001

Municipality: means a city, town or plantation. See Maine Revised Statutes Title 21-A Sec. 1

Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72

Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001

Natural area: means any area of land or water, or both land and water, whether publicly or privately owned, that retains or has reestablished its natural character, though it need not be completely natural and undisturbed, and that supports, harbors or otherwise contains endangered, threatened or rare plants, animals and native ecological systems, or rare or unique geological, hydrological, natural historical, scenic or other similar features of scientific and educational value benefiting the citizens of the State. See Maine Revised Statutes Title 12 Sec. 544

Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72

Oath: A promise to tell the truth.

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.

Oversight: Committee review of the activities of a Federal agency or program.

Parent: means a natural or adoptive parent or a parent established under Title 19?A, chapter 61, unless parental rights have been terminated. See Maine Revised Statutes Title 22 Sec. 4002

Party: means a political organization which has qualified to participate in a primary or general election under chapter 5. See Maine Revised Statutes Title 21-A Sec. 1

Peace officer: means state police officer, local police officer, sheriff, deputy sheriff or constable. See Maine Revised Statutes Title 21-A Sec. 1

Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity. See Maine Revised Statutes Title 10 Sec. 9402

Person: means an individual, corporation, facility, institution or agency, public or private. See Maine Revised Statutes Title 22 Sec. 4002

Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001

Personal property: All property that is not real property.

political subdivision: includes an instrumentality of the State of Maine, of one or more of its political subdivisions, the University of Maine System, academies, water, sewer and school districts and associations of municipalities, or an instrumentality of the State and one or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the State or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the State or subdivision. See Maine Revised Statutes Title 5 Sec. 19002

Pollwatcher: means a party worker who remains in the voting place outside the guardrail enclosure for the purpose of viewing the voting process, keeping track of the voters who have voted or challenging voters whose qualifications appear to be in question. See Maine Revised Statutes Title 21-A Sec. 1

Population: means the population determined by the last Decennial Census of the United States. See Maine Revised Statutes Title 21-A Sec. 1

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}

Primary election: means the regular election for the election of nominees of a party for the general election. See Maine Revised Statutes Title 21-A Sec. 1

Probable cause: A reasonable ground for belief that the offender violated a specific law.

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

public drain: means any sewer or drain constructed or laid by a governmental entity for the use of the public and includes both gravity and pressure mains. See Maine Revised Statutes Title 30-A Sec. 2001

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 official: means a person elected or appointed to serve the people, including but not limited to an election official, municipal clerk or registrar. See Maine Revised Statutes Title 21-A Sec. 1

Question: means any proposition submitted to the voters. See Maine Revised Statutes Title 21-A Sec. 1

Real estate: means land and structures attached to it. See Maine Revised Statutes Title 30-A Sec. 2001

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 Maine Revised Statutes Title 10 Sec. 9402

Recreational campfire: includes a residential fire contained within an out-of-door fireplace. See Maine Revised Statutes Title 12 Sec. 9321-B

Red flag warning: means a forecast warning issued by the United States Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service or its successor, in consultation with the bureau, that informs the public, firefighters and land management agencies that conditions are ideal for wildland fire combustion and rapid spread. See Maine Revised Statutes Title 12 Sec. 9321-B

Referendum: means an election for the determination of a question. See Maine Revised Statutes Title 21-A Sec. 1

Registrar: means the registrar or deputy registrar of voters of a municipality. See Maine Revised Statutes Title 21-A Sec. 1

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).

Residence: means that place where the person has established a fixed and principal home to which the person, whenever temporarily absent, intends to return. See Maine Revised Statutes Title 21-A Sec. 1

Residence address: means the street and number or other designation indicating the physical location of a person's residence. See Maine Revised Statutes Title 21-A Sec. 1

Security procedure: includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption or callback or other acknowledgment procedures. See Maine Revised Statutes Title 10 Sec. 9402

Serious injury: means serious physical injury or impairment. See Maine Revised Statutes Title 22 Sec. 4002

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 the water-carried wastes created in and carried or to be carried away from any structure together with any surface or ground water or household and industrial waste that is present. See Maine Revised Statutes Title 30-A Sec. 2001

Signature: includes a signature stamp and a signature written by another registered voter on behalf of an individual in accordance with the procedure set forth in section 153?A and, for an individual who is unable to sign that individual's own name, a mark. See Maine Revised Statutes Title 21-A Sec. 1

Social Security Act: means the Act of Congress approved August 14, 1935, chapter 531, 49 Stat. See Maine Revised Statutes Title 5 Sec. 19002

Species: means any recognized taxonomic category of the biota including species, subspecies or variety. See Maine Revised Statutes Title 12 Sec. 544

State: includes an Indian tribe or band or Alaskan native village that is recognized by federal law or formally acknowledged by a state. See Maine Revised Statutes Title 10 Sec. 9402

State agency: means a state department, agency, office, board, commission, quasi-independent agency, authority or institution. See Maine Revised Statutes Title 10 Sec. 9502

state agency: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 19002

Statute: A law passed by a legislature.

Suspicious child death: means the death of a child under circumstances in which there is reasonable cause to suspect that abuse or neglect was a cause of or factor contributing to the child's death. See Maine Revised Statutes Title 22 Sec. 4002

Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72

Township: means unorganized territory. See Maine Revised Statutes Title 21-A Sec. 1

Transaction: means an action or set of actions occurring between 2 or more persons relating to the conduct of business, commercial or governmental affairs. See Maine Revised Statutes Title 10 Sec. 9402

Treasurer: means a person appointed by a candidate or a political committee to accept or disburse money to promote or defeat a candidate, party or principle. See Maine Revised Statutes Title 21-A Sec. 1

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.

Uniformed service: means the United States Army, Navy, Air Force, Marine Corps and Coast Guard, the commissioned corps of the United States Public Health Service and the commissioned corps of the National Oceanic and Atmospheric Administration. See Maine Revised Statutes Title 21-A Sec. 1

United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72

Victim advocate: work with prosecutors and assist the victims of a crime.

Voter: means a person registered to vote. See Maine Revised Statutes Title 21-A Sec. 1

Voting district: means an area set off from another in the same municipality for voting purposes. See Maine Revised Statutes Title 21-A Sec. 1

Voting place: means the building in which ballots are cast at an election. See Maine Revised Statutes Title 21-A Sec. 1

voting station: includes the area, location, booth, table or enclosure where voting takes place and includes any voting machine, voting device or accessible voting system placed in the voting booth or voting station. See Maine Revised Statutes Title 21-A Sec. 1

wages: means all remuneration for employment as defined, including the cash value of all remuneration paid in any medium other than cash, except that such term shall not include that part of such remuneration which, even if it were for "employment" within the meaning of the Federal Insurance Contributions Act, would not constitute "wages" within the meaning of that Act. See Maine Revised Statutes Title 5 Sec. 19002

Warden: means the presiding officer at a voting place. See Maine Revised Statutes Title 21-A Sec. 1

Write-in candidate: means a person whose name does not appear on the ballot under the office designation to which a voter may wish to elect the candidate. See Maine Revised Statutes Title 21-A Sec. 1

Write-in indicator: means the space provided, in accordance with a particular type of ballot, for marking a write-in vote. See Maine Revised Statutes Title 21-A Sec. 1

Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72