§ 151 Partial failure of consideration of note
§ 153 Mitigation of damages in action for libel
§ 153-A Defense in action based on misuse of legal identification
§ 155 No action on demands discharged by partial payment
§ 156 Comparative negligence
§ 158 Damages for tortious conduct of charitable organizations
§ 158-A Immunity for charitable directors, officers and volunteers
§ 158-B Limited liability of charitable organizations
§ 158-C Limitation on immunity of charitable organizations
§ 159 Social and business invitees, standards of care
§ 159-A Limited liability for recreational or harvesting activities
§ 159-B Limited liability for recycling activities by municipalities and regional associations
§ 159-C Liability related to placement of navigational aids in great ponds
§ 159-D Liability related to a bicyclist using a drive-up window
§ 160 Certain cases of negligence
§ 161 When lack of privity no defense in action against manufacturer, seller or supplier of goods
§ 162 Settlement or release of claims
§ 163 Release of joint tortfeasors
§ 164 Immunity from civil liability
§ 164-A Maine Assistance Program for Lawyers; immunity
§ 164-B Immunity from civil liability for assistance given to law enforcement dogs, search and rescue dogs and service dogs
§ 165 Liability of those who store or distribute natural gas
§ 166 Immunity for certain food donations
§ 167 Insurance inspections
§ 169 Restriction of attorney’s representation prohibited
§ 170 Consumption of food
§ 171 Defense of premises
§ 172 Liability related to professional services for natural disaster or catastrophe
§ 173 Immunity for menstrual product donations
§ 174 Installation of smoke and carbon monoxide detectors by fire departments

Terms Used In Maine Revised Statutes > Title 14 > Part 1 > Chapter 7 - Defenses Generally

  • Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • 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.
  • Assistance unit: means the individuals whose need the department considers when determining whether an applicant or recipient is eligible for program benefits. See Maine Revised Statutes Title 22 Sec. 3811
  • At risk: means , with regard to a person, that the person is a member of an economically disadvantaged family, a recipient or former recipient of services under the child protection or child welfare system of the State, in foster care, homeless, a member of a family exposed to substance use disorder, identified as having special needs, identified as having a physical or mental disability or identified as having limited English proficiency. See Maine Revised Statutes Title 22 Sec. 3931
  • 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.
  • Basic health care services: means health care services that an enrolled population might reasonably require in order to be maintained in good health and includes, at a minimum, emergency care, inpatient hospital care, inpatient physician services, outpatient physician services, ancillary services such as x-ray services and laboratory services and all benefits mandated by statute and mandated by rule applicable to health maintenance organizations. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • Board: means the Board of the Maine Children's Trust Incorporated. See Maine Revised Statutes Title 22 Sec. 3881
  • Capitated basis: means fixed per-member, per-month payments or percentage-of-premium payments pursuant to which the provider assumes full risk for the cost of contracted services without regard to the type, value or frequency of services provided. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • Chambers: A judge's office.
  • Child: means a person under 6 years of age who has not entered kindergarten. See Maine Revised Statutes Title 22 Sec. 3931
  • Child abuse and neglect prevention council: means a community organization that provides continuous year-round service as a county's primary organization that serves to encourage and coordinate community efforts to prevent child abuse from occurring. See Maine Revised Statutes Title 22 Sec. 3872
  • Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Community: means a geographical area represented by a community coalition and served or to be served by a project. See Maine Revised Statutes Title 22 Sec. 3931
  • Community coach: means an employee of or contractor with a community contractor who is trained under subsection 11 and performs administrative functions in carrying out the duties of a project. See Maine Revised Statutes Title 22 Sec. 3931
  • Community coalition: means a group of stakeholders, service providers or other members within a community under subsection 7 that sponsors and collaborates in the implementation and administration of a project. See Maine Revised Statutes Title 22 Sec. 3931
  • Community contractor: means a nonprofit organization that is the applicant and responsible lead member of a community coalition for a project. See Maine Revised Statutes Title 22 Sec. 3931
  • Community provider: means a child care center, family child care provider or other service provider that has entered into a contract with a community contractor to provide services as part of a project. See Maine Revised Statutes Title 22 Sec. 3931
  • Conviction: A judgement of guilt against a criminal defendant.
  • Copayment: means an amount an enrollee must pay in order to receive a specific service that is not fully prepaid. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deductible: means the amount an enrollee is responsible to pay out of pocket before a health maintenance organization begins to pay the costs associated with treatment. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Donor: The person who makes a gift.
  • Economically disadvantaged: means having a family income not exceeding 185% of the federal poverty level as defined in section 3762, subsection 1, paragraph C. See Maine Revised Statutes Title 22 Sec. 3931
  • Eligible organization: means a nonprofit organization, local government or public school system. See Maine Revised Statutes Title 22 Sec. 3881
  • Embedded professional development: means an activity performed by a community coach to encourage rule-specific knowledge, skills and dispositions to support responsive caregiving and developmentally appropriate teaching practices implemented for learning that is integrated into the work day, consists of assessing and finding solutions for authentic and immediate problems of practice as part of a cycle of continuous improvement and is grounded in day-to-day teaching practice designed to enhance a teacher's or caregiver's practices with the intent of improving children's social, emotional and cognitive development. See Maine Revised Statutes Title 22 Sec. 3931
  • Enrollee: means an individual who is enrolled in a health maintenance organization. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • 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.
  • Evidence of coverage: means any certificate, agreement or contract issued to a group contract holder or an enrollee setting out the coverage to which an enrollee is entitled. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • Family: means a child, the child's parent and all people living in the household of the child who are supported by the income of the child's parent and related to the child or child's parent by blood, marriage or adoption. See Maine Revised Statutes Title 22 Sec. 3931
  • federal Affordable Care Act: means the federal Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Public Law 111-152, and any amendments to or regulations or guidance issued under those acts. See Maine Revised Statutes Title 24-A Sec. 14
  • Fiscal agent: means an incorporated community organization, agency or institution designated by the child abuse and neglect prevention council and authorized by the Department of Health and Human Services to receive and distribute grants to that child abuse and neglect prevention council. See Maine Revised Statutes Title 22 Sec. 3872
  • 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
  • Fund: means the repository for funds donated to the Maine Children's Trust Incorporated by the taxpayers of the State through an income tax checkoff pursuant to Title 36, section 5285 as well as federal grants and contracts, privately donated funds and in-kind donations for prevention programs, or by any means for the purposes of this chapter. See Maine Revised Statutes Title 22 Sec. 3881
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Group contract holder: means an entity or person that has purchased coverage from a health maintenance organization that provides, at a minimum, basic health care services to enrollees. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • 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 services: means any services included in the furnishing of medical care, dental care or hospitalization to an individual, or any services incident to the furnishing of that care or hospitalization, as well as the furnishing of any other services to an individual to prevent, alleviate, cure or heal human illness or injury. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704
  • Health maintenance organization: means a public or private organization that is organized under the laws of the Federal Government, this State, another state or the District of Columbia or a component of such an organization, and that:
A. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • Home visitor: means a person who provides services to a participant in the participant's home. See Maine Revised Statutes Title 22 Sec. 3931
  • Home visitor services: means interactions between a home visitor and a parent that on the part of the home visitor are nurturing, responsive and intentional and that support the parent in the parent's role as the primary teacher of the parent's child and assist the parent in using the parent's home and the community as the child's learning environment. See Maine Revised Statutes Title 22 Sec. 3931
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • In-plan covered services: includes emergency services. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • Income: means annual contributions made to the fund through the income tax checkoff. See Maine Revised Statutes Title 22 Sec. 3881
  • Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Maine Child Abuse Prevention Councils: means the statewide organization composed of a majority of the child abuse and neglect prevention councils. See Maine Revised Statutes Title 22 Sec. 3872
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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
  • 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
  • National Association of Insurance Commissioners: means the National Association of Insurance Commissioners or its successor organization of insurance regulators. See Maine Revised Statutes Title 24-A Sec. 15
  • Nonprofit hospital or medical service organization: means any organization defined in and authorized to act under Title 24, chapter 19. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • 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.
  • Out-of-plan covered services: means nonemergency, covered health care services obtained without a referral from providers who are not otherwise employed by, under contract with or otherwise affiliated with the health maintenance organization or from affiliated specialists. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • Overpayment: means program benefits that exceed the amount of program benefits for which an individual or assistance unit is eligible when the department or a court has determined that the benefits were provided as a result of an intentional program violation, an unintentional error by the individual or household or an error by the department. See Maine Revised Statutes Title 22 Sec. 3811
  • Parent: means the parent or parents of a child or the child's legal guardian, primary or authorized caregiver or foster parent or a person with whom the child has been placed for purposes of adoption pending a final adoption decree. See Maine Revised Statutes Title 22 Sec. 3931
  • Participant: means an eligible child under subsection 5 who has been accepted to participate in a project. See Maine Revised Statutes Title 22 Sec. 3931
  • 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, firm, partnership, corporation, association, syndicate, organization, society, business trust, attorney-in-fact or any legal entity. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • Point-of-service option: means a health maintenance organization product that allows an enrollee to select either the comprehensive health care benefits of the health maintenance organization or care from a provider of the enrollee's choice outside the health maintenance organization network with traditional indemnity benefits. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • Point-of-service product: means a product that includes both in-plan covered services and out-of-plan covered services. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • Prevention policies: means laws, rules, policies, procedures and practices, whether in the public or private sector, that have an actual or potential impact on the nature and incidence of child abuse and neglect. See Maine Revised Statutes Title 22 Sec. 3881
  • Prevention programs: means programs, plans or training associated with the primary prevention of child abuse and neglect and the promotion of high-quality child care. See Maine Revised Statutes Title 22 Sec. 3881
  • Probate: Proving a will
  • Program: means the First 4 ME Early Care and Education Program established under subsection 1. See Maine Revised Statutes Title 22 Sec. 3931
  • Project: means the program as implemented in a community by a community contractor. See Maine Revised Statutes Title 22 Sec. 3931
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider: means a physician, hospital or person that is licensed or otherwise authorized in this State to furnish health care services. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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.
  • Statute: A law passed by a legislature.
  • Superintendent: means the Superintendent of Insurance. See Maine Revised Statutes Title 24-A Sec. 4202-A
  • Testify: Answer questions in court.
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust: means the Maine Children's Trust Incorporated. See Maine Revised Statutes Title 22 Sec. 3881
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • Verdict: The decision of a petit jury or a judge.