§ 7-1101 Short title
§ 7-1102 Definitions and index of definitions
§ 7-1103 Relation of Article to treaty or statute
§ 7-1104 Negotiable and nonnegotiable document of title
§ 7-1105 Reissuance in alternative medium
§ 7-1106 Control of electronic document of title
§ 7-1201 Person that may issue a warehouse receipt; storage under bond
§ 7-1202 Form of warehouse receipt; effect of omission
§ 7-1203 Liability for nonreceipt or misdescription
§ 7-1204 Duty of care; contractual limitation of warehouse’s liability
§ 7-1205 Title under warehouse receipt defeated in certain cases
§ 7-1206 Termination of storage at warehouse’s option
§ 7-1207 Goods must be kept separate; fungible goods
§ 7-1208 Altered warehouse receipts
§ 7-1209 Lien of warehouse
§ 7-1210 Enforcement of warehouse’s lien
§ 7-1301 Liability for nonreceipt or misdescription; “said to contain;” “shipper’s weight, load, and count;” improper handling
§ 7-1302 Through bills of lading and similar documents of title
§ 7-1303 Diversion; reconsignment; change of instructions
§ 7-1304 Tangible bills of lading in a set
§ 7-1305 Destination bills
§ 7-1306 Altered bills of lading
§ 7-1307 Lien of carrier
§ 7-1308 Enforcement of carrier’s lien
§ 7-1309 Duty of care; contractual limitation of carrier’s liability
§ 7-1401 Irregularities in issue of receipt or bill or conduct of issuer
§ 7-1402 Duplicate document of title; overissue
§ 7-1403 Obligation of bailee to deliver; excuse
§ 7-1404 No liability for good faith delivery pursuant to document of title
§ 7-1501 Form of negotiation and requirements of due negotiation
§ 7-1502 Rights acquired by due negotiation
§ 7-1503 Document of title to goods defeated in certain cases
§ 7-1504 Rights acquired in absence of due negotiation; effect of diversion; stoppage of delivery
§ 7-1505 Indorser not guarantor for other parties
§ 7-1506 Delivery without indorsement; right to compel indorsement
§ 7-1507 Warranties on negotiation or delivery of document of title
§ 7-1508 Warranties of collecting bank as to documents of title
§ 7-1509 Adequate compliance with commercial contract
§ 7-1601 Lost, stolen or destroyed documents of title
§ 7-1602 Judicial process against goods covered by negotiable document of title
§ 7-1603 Conflicting claims; interpleader
§ 7-1701 Effective date
§ 7-1702 Applicability
§ 7-1703 Savings clause

Terms Used In Maine Revised Statutes > Title 11 > Article 7-A

  • Access to care: means the ability to obtain in a timely manner needed personal health services to achieve the best possible health outcomes balanced by the health system's resource limitations. See Maine Revised Statutes Title 22 Sec. 328
  • Accreditation: means a national federally recognized credentialing process resulting in the approval of a public health system or a municipal health department by a national federally recognized review board certifying that a public health system or a municipal health department has met specific performance requirements and standards. See Maine Revised Statutes Title 22 Sec. 411
  • Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • Allegation: something that someone says happened.
  • Ambulatory surgical facility: means a facility, not part of a hospital, that provides surgical treatment to patients not requiring hospitalization. See Maine Revised Statutes Title 22 Sec. 328
  • 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.
  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bailee: means a person that by a warehouse receipt, bill of lading or other document of title acknowledges possession of goods and contracts to deliver them. See Maine Revised Statutes Title 11 Sec. 7-1102
  • 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.
  • Capital expenditure: means an expenditure, including a force account expenditure or predevelopment activities, that under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance and, for the purposes of this chapter, includes capitalized interest on borrowed funds and the fair market value of any property or equipment that is acquired under lease or comparable arrangement or by donation. See Maine Revised Statutes Title 22 Sec. 328
  • Carrier: means a person that issues a bill of lading. See Maine Revised Statutes Title 11 Sec. 7-1102
  • Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Comprehensive community health coalition: means a multisector coalition that serves a defined local geographic area and is composed of designated organizational representatives and interested community members who share a commitment to improving their communities' health and quality of life and that includes public health in its core mission. See Maine Revised Statutes Title 22 Sec. 411
  • Consignee: means a person named in a bill of lading to which or to whose order the bill promises delivery. See Maine Revised Statutes Title 11 Sec. 7-1102
  • Consignor: means a person named in a bill of lading as the person from which the goods have been received for shipment. See Maine Revised Statutes Title 11 Sec. 7-1102
  • Construction: when used in connection with "health care facility" means the establishment, erection, building, purchase or other acquisition of a health care facility. See Maine Revised Statutes Title 22 Sec. 328
  • 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.
  • cost: includes the fair market value. See Maine Revised Statutes Title 22 Sec. 328
  • 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.
  • Delivery order: means a record that contains an order to deliver goods directed to a warehouse, carrier or other person that in the ordinary course of business issues warehouse receipts or bills of lading. See Maine Revised Statutes Title 11 Sec. 7-1102
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Dependent: A person dependent for support upon another.
  • Derivative proceeding: means a civil suit in the right of a domestic corporation or, to the extent provided in section 758, in the right of a foreign corporation. See Maine Revised Statutes Title 13-C Sec. 751
  • Development: when used in connection with health service, means the undertaking of those activities that on their completion will result in the offering of a new health service to the public. See Maine Revised Statutes Title 22 Sec. 328
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • District: means one of the 8 districts of the department, including Aroostook District, composed of Aroostook County; Penquis District, composed of Penobscot County and Piscataquis County; Downeast District, composed of Washington County and Hancock County; Midcoast District, composed of Waldo County, Lincoln County, Knox County and Sagadahoc County; Central District, composed of Kennebec County and Somerset County; Western District, composed of Androscoggin County, Franklin County and Oxford County; Cumberland District, composed of Cumberland County; and York District, composed of York County, and the tribal district, composed of any lands belonging to the Indian tribes in the State and including any member of a tribe living outside of tribal lands. See Maine Revised Statutes Title 22 Sec. 411
  • District coordinating council for public health: means a representative districtwide body of local public health stakeholders working toward collaborative public health planning and coordination to ensure effectiveness and efficiencies in the public health system. See Maine Revised Statutes Title 22 Sec. 411
  • District public health unit: means a unit of public health staff set up whenever possible in a district in department offices. See Maine Revised Statutes Title 22 Sec. 411
  • 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.
  • 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
  • Essential public health services: means core public health functions identified by a national public health performance standards program, a national federally recognized review board or a national federally recognized review board for Indian health that help provide the guiding framework for the work and accreditation of public health systems or municipal health departments. See Maine Revised Statutes Title 22 Sec. 411
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Expenditure minimum for annual operating costs: means , for services commenced after October 1, 1998, $400,000 for the 3rd fiscal year, including a partial first year. See Maine Revised Statutes Title 22 Sec. 328
  • facility: means a production or utilization facility situated in this State that holds an operating permit or license issued by the United States Nuclear Regulatory Commission. See Maine Revised Statutes Title 22 Sec. 662
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Generally accepted accounting principles: means accounting principles approved by the American Institute of Certified Public Accountants or a successor organization. See Maine Revised Statutes Title 22 Sec. 328
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Maine Revised Statutes Title 11 Sec. 7-1102
  • Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See Maine Revised Statutes Title 11 Sec. 7-1102
  • 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.
  • health care facility: means the establishment, erection, building, purchase or other acquisition of a health care facility. See Maine Revised Statutes Title 22 Sec. 328
  • Health maintenance organization: means a public or private organization that:  
A. See Maine Revised Statutes Title 22 Sec. 328
  • Health need: means a situation or a condition of a person, expressed in health outcome measures such as mortality, morbidity or disability, that is considered undesirable and is likely to exist in the future. See Maine Revised Statutes Title 22 Sec. 328
  • Health planning: means data assembly and analysis, goal determination and the formulation of action recommendations regarding health services. See Maine Revised Statutes Title 22 Sec. 328
  • Health risk assessment: means a customized process by which an individual confidentially responds to questions and receives a feedback report to help that individual understand the individual's personal risks of developing preventable health problems, know what preventive actions the individual can take and learn what local and state resources are available to help the individual take these actions. See Maine Revised Statutes Title 22 Sec. 411
  • Health services: includes alcohol or drug dependence, substance use disorder and mental health services. See Maine Revised Statutes Title 22 Sec. 328
  • Health status: means patient or population measures, or both, of good and poor health practices, rates of death and disease, both chronic and infectious, and the prevalence of symptoms or conditions, or both, of illness and wellness. See Maine Revised Statutes Title 22 Sec. 328
  • Healthy Maine Partnerships: means a statewide system of comprehensive community health coalitions that meet the standards for department funding that is established under section 412, including the tribal district. See Maine Revised Statutes Title 22 Sec. 411
  • Hospital: means an institution that primarily provides to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons or rehabilitation services for the rehabilitation of injured, disabled or sick persons. See Maine Revised Statutes Title 22 Sec. 328
  • Hospital swing bed: means an acute care bed licensed by the Office of MaineCare Services, Division of Licensing and Regulatory Services for the use also as a nursing care bed. See Maine Revised Statutes Title 22 Sec. 328
  • Issuer: means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. See Maine Revised Statutes Title 11 Sec. 7-1102
  • 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
  • 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.
  • Local health officer: means a municipal employee who has knowledge of the employee's community and meets educational, training and experience standards as set by the department in rule to comply with section 451. See Maine Revised Statutes Title 22 Sec. 411
  • Major medical equipment: means a single unit of medical equipment or a single system of components with related functions used to provide medical and other health services that costs $3,200,000 or more. See Maine Revised Statutes Title 22 Sec. 328
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72
  • Modification: means the alteration, improvement, expansion, extension, renovation or replacement of a health care facility or health maintenance organization or portions thereof, including the initial equipment, and the replacement of equipment or existing buildings. See Maine Revised Statutes Title 22 Sec. 328
  • Municipal health department: means a health department or division that is established pursuant to municipal charter or ordinance in accordance with Title 30-A, chapter 141 and accredited by a national federally recognized credentialing process. See Maine Revised Statutes Title 22 Sec. 411
  • Municipal officers: means the mayor and aldermen or councillors of a city, the selectmen or councillors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
  • 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
  • New health service: means :  
  • A. See Maine Revised Statutes Title 22 Sec. 328
  • Nursing facility: means any facility defined under section 1812-A. See Maine Revised Statutes Title 22 Sec. 328
  • Nursing facility MaineCare funding pool: means that limit established in accordance with section 333-A for nursing facility projects. See Maine Revised Statutes Title 22 Sec. 328
  • 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.
  • Offer: when used in connection with "health services" means that the health care facility or health maintenance organization holds itself out as capable of providing or having the means to provide a health service. See Maine Revised Statutes Title 22 Sec. 328
  • 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.
  • Person: means an individual; trust or estate; partnership; corporation, including associations, joint stock companies and insurance companies; the State or a political subdivision or instrumentality of the State, including a municipal corporation of the State; or any other legal entity recognized by state law. See Maine Revised Statutes Title 22 Sec. 328
  • Person directly affected by a review: includes :  
  • A. See Maine Revised Statutes Title 22 Sec. 328
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Predevelopment activity: means any appropriately capitalized expenditure by or on behalf of a health care facility made in preparation for the offering or development of a new health service for which a certificate of need would be required and arrangements or commitments made for financing the offering or development of the new health service and includes site acquisitions, surveys, studies, expenditures for architectural designs, plans, working drawings and specifications. See Maine Revised Statutes Title 22 Sec. 328
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Project: means any acquisition, capital expenditure, new health service or change in a health service, predevelopment activity or other activity that requires a certificate of need under section 329. See Maine Revised Statutes Title 22 Sec. 328
  • Quorum: The number of legislators that must be present to do business.
  • 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 11 Sec. 7-1102
  • Rehabilitation facility: means an inpatient facility that is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of medical services and other services that are provided under competent professional supervision. See Maine Revised Statutes Title 22 Sec. 328
  • 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.
  • Replacement equipment: means a piece of capital equipment that replaces another piece of capital equipment that performs essentially the same functions as the replaced equipment. See Maine Revised Statutes Title 22 Sec. 328
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Shareholder: includes a beneficial owner whose shares are held in a voting trust or held by a nominee on the beneficial owner's behalf. See Maine Revised Statutes Title 13-C Sec. 751
  • Shipper: means a person that enters into a contract of transportation with a carrier. See Maine Revised Statutes Title 11 Sec. 7-1102
  • Statewide Coordinating Council for Public Health: means the council established underTitle 5, section 12004-G, subsection 14-G. See Maine Revised Statutes Title 22 Sec. 411
  • Statute: A law passed by a legislature.
  • Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
  • 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.
  • Tribal district: means an administrative district established in a memorandum of understanding or legal contract among all Indian tribes in the State that is recognized by the department. See Maine Revised Statutes Title 22 Sec. 411
  • Tribal health department or health clinic: means a health department or health clinic managed by an Indian tribe that is eligible for funds from the United States Department of the Interior, Bureau of Indian Affairs, Indian Health Service and other federal funds. See Maine Revised Statutes Title 22 Sec. 411
  • tribe: means a federally recognized Indian nation, tribe or band in the State. See Maine Revised Statutes Title 22 Sec. 411
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • Warehouse: means a person engaged in the business of storing goods for hire. See Maine Revised Statutes Title 11 Sec. 7-1102