Sections
Chapter 201 Venue 501 – 510
Chapter 203 Process 551 – 713
Chapter 205 Limitation of Actions 751 – 871

Terms Used In Maine Revised Statutes > Title 14 > Part 2 - Proceedings Before Trial

  • Abuse: includes , but is not limited to, rape or sexual assault, the striking of an individual, the use of excessive force in the use of bodily restraints, the use of bodily or chemical restraints in a manner that is not in compliance with federal and state laws, regulations and rules and verbal, nonverbal, mental and emotional harassment. See Maine Revised Statutes Title 5 Sec. 19503
  • Abutting land: means real estate that shares a common boundary, or portion of a boundary, with land that is held in common ownership with land registered or being considered for registration under this chapter when the abutting real estate is within 50 feet of the land registered or being considered for registration. See Maine Revised Statutes Title 7 Sec. 52
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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.
  • AFIDA: means the Agricultural Foreign Investment Disclosure Act of 1978, United States Code, Title 7, Section 3501, et seq. See Maine Revised Statutes Title 7 Sec. 32
  • Agency: means the protection and advocacy agency for persons with disabilities, designated by the Governor. See Maine Revised Statutes Title 5 Sec. 19503
  • Agricultural chemicals: means fungicides, insecticides, herbicides, and other pesticides. See Maine Revised Statutes Title 7 Sec. 52
  • Agricultural land: means any land in Maine which is used or capable of use without substantial modification for production of agriculturally related products including, but not limited to, crops, livestock, poultry, dairy products and sod. See Maine Revised Statutes Title 7 Sec. 32
  • Agricultural society: means a nonprofit organization or association incorporated in the State to promote education and encourage improvement in agriculture. See Maine Revised Statutes Title 7 Sec. 81
  • Airmobile: means any vehicle propelled by mechanical power that is designed to travel upon a cushion of air on or within 2 feet of the water or land surface of the earth. See Maine Revised Statutes Title 12 Sec. 13001
  • Allegation: something that someone says happened.
  • Allocation: means the privilege of taking a specified number of passengers per day on whitewater trips on a particular river, as specified annually. See Maine Revised Statutes Title 12 Sec. 12901
  • Alpine tundra: means high-elevation, treeless areas beyond the timberline that are dominated by low herbaceous or shrubby vegetation and, specifically, areas that are designated as alpine tundra by the Department of Agriculture, Conservation and Forestry by rule pursuant to Title 5, chapter 375, subchapter 2. See Maine Revised Statutes Title 12 Sec. 13001
  • Alternative working hours employment: means employment in the classified or unclassified service capable of being filled through flexible hours, job-sharing or part-time employment, as defined in subsections 2, 3 and 4. See Maine Revised Statutes Title 5 Sec. 902
  • 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.
  • Animal: means an animal entered in an event. See Maine Revised Statutes Title 7 Sec. 81
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Antique snowmobile: means a snowmobile more than 25 years old that is registered as an antique snowmobile under section 13104, subsection 5. See Maine Revised Statutes Title 12 Sec. 13001
  • 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
  • Aquatic plant: means a plant species that requires a permanently flooded freshwater habitat. See Maine Revised Statutes Title 12 Sec. 13001
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • ATV: includes , but is not limited to, a multitrack, multiwheel or low-pressure tire vehicle; a motorcycle or related 2-wheel, 3-wheel or belt-driven vehicle; an amphibious machine; or other means of transportation deriving motive power from a source other than muscle or wind. See Maine Revised Statutes Title 12 Sec. 13001
  • Automobile graveyard: includes an area used for automobile dismantling, salvage and recycling operations. See Maine Revised Statutes Title 30-A Sec. 3752
  • Automobile recycling business: means the business premises of a dealer or a recycler licensed under Title 29-A, sections 851 to 1112 who purchases or acquires salvage vehicles for the purpose of reselling the vehicles or component parts of the vehicles or rebuilding or repairing salvage vehicles for the purpose of resale or for selling the basic materials in the salvage vehicles, as long as 80% of the business premises specified in the site plan in section 3755-A, subsection 1, paragraph C is used for automobile recycling operations. See Maine Revised Statutes Title 30-A Sec. 3752
  • Background check: means the collection of personally identifiable information and data for comparison with criminal record repositories and registry databases that are relevant to an individual's identity and background, including monitoring for future offenses through a rap back monitoring program. See Maine Revised Statutes Title 22 Sec. 9053
  • Background Check Center: means the entity established under section 9052 to operate the Internet-based system maintained by the department pursuant to section 9054 that is designed to integrate and analyze data streams from various sources and is used by providers when conducting background checks on potential or current direct access workers. See Maine Revised Statutes Title 22 Sec. 9053
  • Background check report: means a comprehensive report generated by the Background Check Center based on a search and analysis of data stored in federal and state criminal record repositories, registry databases or agencies, including, but not limited to, the Federal Bureau of Investigation; the Department of Public Safety, State Bureau of Identification; abuse and neglect, sex offender and employment-related registries; professional licensing authorities; and Medicare and Medicaid exclusion databases. See Maine Revised Statutes Title 22 Sec. 9053
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bargaining agent: means any lawful organization, association or individual representative of such organization or association which has as its primary purpose the representation of employees in their employment relations with employers, and which has been determined by the public employer or by the executive director of the board to be the choice of the majority of the unit as their representative. See Maine Revised Statutes Title 26 Sec. 962
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Board: means the Maine Labor Relations Board referred to in section 968. See Maine Revised Statutes Title 26 Sec. 962
  • Board: means the Advisory Board for the Licensing of Taxidermists established by Title 5, section 12004?I, subsection 23-A. See Maine Revised Statutes Title 12 Sec. 12952
  • Bow: means the forward half of a watercraft. See Maine Revised Statutes Title 12 Sec. 13001
  • bow: includes a compound bow, a recurve bow and a long bow. See Maine Revised Statutes Title 12 Sec. 10001
  • Bureau: means the Office of MaineCare Services with respect to section 7703 and section 1828. See Maine Revised Statutes Title 22 Sec. 3291
  • Bureau: means the Bureau of Revenue Services, which may be referred to as "Maine Revenue Services. See Maine Revised Statutes Title 36 Sec. 111
  • Bureau: means the Department of Health and Human Services, Bureau of Health. See Maine Revised Statutes Title 5 Sec. 19251
  • Cabinet: means the Children's Cabinet established in section 19131. See Maine Revised Statutes Title 5 Sec. 24051
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Child care: means a regular service of care and education provided for compensation for any part of a day less than 24 hours to a child or children under 16 years of age whose parents work outside the home, attend an educational program or are otherwise unable to care for their children. See Maine Revised Statutes Title 22 Sec. 3731
  • Child or children: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • Code: means the United States Internal Revenue Code of 1986 and amendments to that Code as of December 31, 2019. See Maine Revised Statutes Title 36 Sec. 111
  • Commercial: means for financial compensation or other remuneration. See Maine Revised Statutes Title 12 Sec. 12901
  • Commercial farming: means the production of any farm product with the intent that that farm product be sold or otherwise disposed of to generate income. See Maine Revised Statutes Title 7 Sec. 52
  • Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
  • Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or his authorized agents. See Maine Revised Statutes Title 7 Sec. 32
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: means , but is not limited to, any report or communication, formal or informal, written or oral, including media accounts and telephone calls from any source, including anonymous calls, alleging abuse or neglect of a person with a disability. See Maine Revised Statutes Title 5 Sec. 19503
  • Confidential information: means information deemed confidential by chapters 958-A and 1071, and sections 7703 and 1828. See Maine Revised Statutes Title 22 Sec. 3291
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: means the Maine Children's Cabinet Early Childhood Advisory Council established pursuant to Title 5, section 12004-J, subsection 18. See Maine Revised Statutes Title 22 Sec. 3731
  • Council: means the Maine Children's Cabinet Early Childhood Advisory Council established in subsection 2. See Maine Revised Statutes Title 5 Sec. 24051
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Cowling: means the forward or rear portion of a snowmobile, usually of fiberglass or similar material, surrounding the motor and clutch assembly. See Maine Revised Statutes Title 12 Sec. 13001
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Demonstrated use: means for a given outfitter for a given river the average number of passengers carried on the 10 Saturdays or Sundays with greatest use during the year. See Maine Revised Statutes Title 12 Sec. 12901
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 3291
  • Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
  • Dependent: A person dependent for support upon another.
  • Developmental disability: means a disability attributable to a mental or physical impairment or combination of mental and physical impairments that:  
A. See Maine Revised Statutes Title 5 Sec. 19503
  • Devise: To gift property by will.
  • Dip net: means :  
  • A. See Maine Revised Statutes Title 12 Sec. 10001
  • Direct access: means access to the property, personally identifiable information, financial information and resources of an individual or physical access to an individual who is a Medicare or Medicaid beneficiary or other protected individual served by a provider subject to this chapter. See Maine Revised Statutes Title 22 Sec. 9053
  • Direct access worker: includes but is not limited to the following individuals:  
  • A. See Maine Revised Statutes Title 22 Sec. 9053
  • Director: means the Director of the Office of Child and Family Services with respect to confidential information derived from chapters 958-A and 1071, and the Director of the Office of MaineCare Services or the Director of the Office of Child and Family Services with respect to confidential information derived from section 7703 and the Director of the Office of MaineCare Services with respect to confidential information derived from section 1828. See Maine Revised Statutes Title 22 Sec. 3291
  • 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:
  • Disqualifying offense: means an event in a person's background that has resulted in a database or registry notation or criminal record report that is relevant to the health and safety of protected individuals and that is included on the list of disqualifying offenses adopted in rules pursuant to this chapter that mandate a prohibition or exclusion from direct access employment. See Maine Revised Statutes Title 22 Sec. 9053
  • Division: means the Department of Inland Fisheries and Wildlife, Division of Licensing, Registration and Engineering. See Maine Revised Statutes Title 12 Sec. 13001
  • Division: means the early childhood division of the Department of Health and Human Services, Office of Child and Family Services. See Maine Revised Statutes Title 22 Sec. 3731
  • Domicile: means the place where a person's true, fixed and permanent home is located. See Maine Revised Statutes Title 12 Sec. 10001
  • Driver: means a person who drives or controls the animal that is pulling in a pulling event. See Maine Revised Statutes Title 7 Sec. 81
  • Dwelling: means any building used as a permanent residence or place of domicile. See Maine Revised Statutes Title 12 Sec. 13001
  • Eel: means a member of the species Anguilla rostrata in that stage of its life cycle when it is 9 inches or more in length. See Maine Revised Statutes Title 12 Sec. 10001
  • Eel pot: means a cylindrical or rectangular trap with funnels that is baited and used to harvest eels. See Maine Revised Statutes Title 12 Sec. 10001
  • Employee: means any person whether appointed, elected or under contract, providing services for the State, county, municipality or other political subdivision, for which compensation is paid. See Maine Revised Statutes Title 5 Sec. 891
  • Employer: includes a provider, a temporary nurse agency, a personal care agency and a placement agency. See Maine Revised Statutes Title 22 Sec. 9053
  • employment: means any activity involving direct access services including employment for wages, contracting for temporary staff or use of unsupervised volunteers or students who perform functions similar to those performed by direct access workers. See Maine Revised Statutes Title 22 Sec. 9053
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Estates: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501
  • Event: means a pulling competition or livestock exhibition. See Maine Revised Statutes Title 7 Sec. 81
  • Ex officio: Literally, by virtue of one's office.
  • Executive director: means the Executive Director of the Maine Labor Relations Board. See Maine Revised Statutes Title 26 Sec. 962
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Exploitation: means the illegal or improper use of an individual or the individual's resources for another's profit or advantage. See Maine Revised Statutes Title 5 Sec. 19503
  • Facility: includes any facility providing services, supports and other assistance or residential services or treatment that operates without a license that is required by law, ordinance or rule. See Maine Revised Statutes Title 5 Sec. 19503
  • fair: means an exhibition that is designed to promote education and encourage improvement in agriculture and that includes, but is not limited to, the following:  
  • A. See Maine Revised Statutes Title 7 Sec. 81
  • Fair Fund: means the fund established in section 85. See Maine Revised Statutes Title 7 Sec. 81
  • 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.
  • Family farm corporation: means a corporation founded for the purpose of farming and the ownership of agricultural land; the majority of the voting stock must be held by, and a majority of the shareholders must be, persons or the spouses of persons related to each other within the 3rd degree of kindred and at least one of the related persons must reside on or actively operate the farm; and none of the shareholders may be a corporation. See Maine Revised Statutes Title 7 Sec. 32
  • Farm partnership: means an association of 2 or more individuals formed for the purpose of farming. See Maine Revised Statutes Title 7 Sec. 32
  • Farm product: means those plants and animals useful to humans and includes, but is not limited to, forages and sod crops, grains and food crops, dairy products, poultry and poultry products, bees, livestock and livestock products and fruits, berries, vegetables, flowers, seeds, grasses, Christmas trees and other similar products. See Maine Revised Statutes Title 7 Sec. 52
  • Farm support arrangement: means an arrangement that meets requirements established by the department by rule under which:  
  • A. See Maine Revised Statutes Title 7 Sec. 60
  • Farm support payments: means annual payments by a municipality during the term of a qualified easement:  
  • A. See Maine Revised Statutes Title 7 Sec. 60
  • Farmland: means any tract or tracts of land used for commercial farming:  
  • A. See Maine Revised Statutes Title 7 Sec. 52
  • Federal waters: means all waters that are not internal waters and are subject to the jurisdiction of the United States. See Maine Revised Statutes Title 12 Sec. 13001
  • Fiduciary: A trustee, executor, or administrator.
  • Financial interest: means any voting or nonvoting security, partnership interest whether limited or general, trust interest, joint venture interest or any other beneficial interest in any form of business association. See Maine Revised Statutes Title 12 Sec. 12901
  • Fiscal agent: means an incorporated community organization, agency or institution designated by a community-based AIDS organization and authorized by the bureau to receive and distribute grants to that community-based AIDS organization. See Maine Revised Statutes Title 5 Sec. 19251
  • 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.
  • Fish: means a cold-blooded, completely aquatic vertebrate characteristically having gills, fins and an elongated streamlined body usually covered with scales and includes any physical part of a fish. See Maine Revised Statutes Title 12 Sec. 10001
  • Fishing derby: means an organized fishing event conducted on inland waters during which contestants compete for cash awards or other prizes. See Maine Revised Statutes Title 12 Sec. 10001
  • Flexible hours employment: means employment where the full-time employees of a specific work unit and shift are authorized to set different working hours around a basic core of hours during which all full-time unit employees are to be at work. See Maine Revised Statutes Title 5 Sec. 902
  • 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
  • Freshwater marshes and bogs: means naturally occurring open areas with saturated soils or peat, often associated with standing water and dominated by low herbaceous vegetation, grasses, weeds and shrubs and including wetlands, as shown on the Freshwater Wetlands Map Series, Division of Geology, Natural Areas and Coastal Resources, Maine Geological Survey, or zoned as a Wetland Protection Subdistrict, P-WL, by the Maine Land Use Planning Commission. See Maine Revised Statutes Title 12 Sec. 13001
  • Genetic characteristic: means any inherited gene or chromosome, or alteration of a gene or chromosome, that is scientifically or medically believed to predispose an individual to a disease, disorder or syndrome or to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome. See Maine Revised Statutes Title 5 Sec. 19301
  • Genetic information: means the information concerning genes, gene products or inherited characteristics that may be obtained from an individual or family member. See Maine Revised Statutes Title 5 Sec. 19301
  • Genetic test: means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as deoxyribonucleic acid, or DNA, ribonucleic acid, or RNA, or mitochondrial DNA, and tests of chromosomes or proteins in order to identify a predisposing genetic characteristic. See Maine Revised Statutes Title 5 Sec. 19301
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72
  • Grantor: The person who establishes a trust and places property into it.
  • Grantor: means the person who conveys a freehold estate or interest in land. See Maine Revised Statutes Title 1 Sec. 72
  • Guide: means a person who receives any form of remuneration for that person's services in accompanying or assisting a person in the fields or forests or on the waters or ice within the jurisdiction of the State while hunting, fishing, trapping, boating, snowmobiling, using an all-terrain vehicle or camping at a primitive camping area. See Maine Revised Statutes Title 12 Sec. 10001
  • Hearing officer: means presiding officer, judge, board chairman, arbitrator or any other person deemed responsible for conducting a proceeding or hearing subject to this chapter. See Maine Revised Statutes Title 22 Sec. 3291
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Highway: means any public way. See Maine Revised Statutes Title 30-A Sec. 3752
  • Hook: means a single fishhook constructed with one, 2 or 3 points. See Maine Revised Statutes Title 12 Sec. 10001
  • hunt: means to pursue, catch, take, kill or harvest wild animals or wild birds or to attempt to catch, take, kill or harvest wild animals or wild birds. See Maine Revised Statutes Title 12 Sec. 10001
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Incompatible use: means the development or use of abutting land for a well, drinking water spring or water supply intake point when that use is initiated on abutting land that is within 50 feet of farmland after that farmland has been registered under this chapter. See Maine Revised Statutes Title 7 Sec. 52
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual retirement account: means an individual retirement account that is in compliance with the United States Internal Revenue Code. See Maine Revised Statutes Title 5 Sec. 891
  • Inhabitant: means a person having an established residence in a place. See Maine Revised Statutes Title 1 Sec. 72
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inland waters: means all waters within the State above the rise and fall of the tide and wholly or partially within the territorial limits of the State, except private ponds as defined in subsection 51. See Maine Revised Statutes Title 12 Sec. 10001
  • Interest in land: means all forms of direct or indirect ownership of land, except:  
  • A. See Maine Revised Statutes Title 7 Sec. 32
  • Internal waters: means waters under the exclusive jurisdiction of the State. See Maine Revised Statutes Title 12 Sec. 13001
  • Interstate System: means those portions of the Maine Turnpike and the state highway system incorporated in the National System of Interstate and Defense Highways, as officially designated by the Department of Transportation. See Maine Revised Statutes Title 30-A Sec. 3752
  • Intestate: Dying without leaving a will.
  • Invasive aquatic plant: means a species of aquatic plant described in Title 38, section 410-N. See Maine Revised Statutes Title 12 Sec. 13001
  • Job-sharing employment: means employment where 2 or more persons share one position. See Maine Revised Statutes Title 5 Sec. 902
  • Junkyard: means a yard, field or other outside area used to store, dismantle or otherwise handle:  
  • A. See Maine Revised Statutes Title 30-A Sec. 3752
  • 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
  • Learning disability: means a disorder exhibited in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or to do mathematical calculations. See Maine Revised Statutes Title 5 Sec. 19503
  • 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.
  • Licensed veterinarian: means a person licensed as a veterinarian by the State who is operating under the direction or authority of the department. See Maine Revised Statutes Title 7 Sec. 81
  • licensee: means a person, agricultural society or other entity licensed to conduct an agricultural fair in accordance with section 83. See Maine Revised Statutes Title 7 Sec. 81
  • Licensing board: means a professional or occupational licensing board that licenses, certifies or registers a person in a profession or occupation which is included in the list of professional and occupational licensing boards in Title 5, section 12004-A. See Maine Revised Statutes Title 22 Sec. 3291
  • 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.
  • Livestock: means cattle, equines, goats, members of the genus Lama, rabbits, sheep and swine. See Maine Revised Statutes Title 7 Sec. 81
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Marina or boat yard owner: means a person who owns a facility that leases storage, docking or mooring space to watercraft. See Maine Revised Statutes Title 12 Sec. 13001
  • Mental illness: means a significant mental illness or emotional impairment, as determined by a qualified mental health professional. See Maine Revised Statutes Title 5 Sec. 19503
  • 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.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagee: shall be construed to include the heirs and assigns of the mortgagee. See Maine Revised Statutes Title 36 Sec. 501
  • Motor vehicle: means any motor-driven vehicle, except motorboats. See Maine Revised Statutes Title 12 Sec. 10001
  • Motorboat: means any watercraft, including airmobiles, equipped with propulsion machinery of any type, whether or not the machinery is the principal source of propulsion, is permanently or temporarily attached or is available for propulsion on the watercraft. See Maine Revised Statutes Title 12 Sec. 13001
  • Motorboat carrying passengers for hire: means a motorboat used for the purpose of carrying a person or persons as passengers for valuable consideration, whether directly or indirectly flowing to the owner, charterer, agent or any other person interested in the watercraft. See Maine Revised Statutes Title 12 Sec. 13001
  • municipal clerk: means the clerk of a municipality. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipal officers: shall mean the mayor and aldermen of cities, the selectmen of towns and the assessors of plantations. See Maine Revised Statutes Title 36 Sec. 501
  • 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
  • Municipal officers: means :  
  • A. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipality: shall include cities, towns and plantations. See Maine Revised Statutes Title 36 Sec. 501
  • Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Maine Revised Statutes Title 1 Sec. 72
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Naturally shed: means naturally dropped from the animal without any human manipulation. See Maine Revised Statutes Title 12 Sec. 10001
  • Neglect: includes , but is not limited to, failure to establish or carry out an individual program, treatment or habilitation plan or the deprivation of or failure to meet essential needs, including needs for adequate nutrition, clothing, health care and a safe environment. See Maine Revised Statutes Title 5 Sec. 19503
  • Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001
  • Notice: means written notification served personally, sent by certified mail or sent by first-class mail to the last known address of the person for whom the notification is intended. See Maine Revised Statutes Title 36 Sec. 111
  • Office: means the Office of Child and Family Services with respect to chapters 958-A and 1071. See Maine Revised Statutes Title 22 Sec. 3291
  • Office: means the Office of Child Care and Head Start. See Maine Revised Statutes Title 22 Sec. 3731
  • Operation: means the act of operating as defined in subsection 18. See Maine Revised Statutes Title 12 Sec. 13001
  • Operator: means the person who is in control or in charge of a watercraft, snowmobile or ATV while it is in use. See Maine Revised Statutes Title 12 Sec. 13001
  • Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 12 Sec. 10001
  • outfitter: means a person who collects dues or fees or receives any form of compensation for arranging or providing whitewater rafting trips or for operating a whitewater rafting organization. See Maine Revised Statutes Title 12 Sec. 12901
  • Owner: means :  
  • A. See Maine Revised Statutes Title 12 Sec. 13001
  • Part-time employment: means employment for less than the standard work week for the class and agency on regularly scheduled hours each week for the position. See Maine Revised Statutes Title 5 Sec. 902
  • 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.
  • Passenger: means every person carried on board a watercraft other than:  
  • A. See Maine Revised Statutes Title 12 Sec. 13001
  • Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001
  • Person: means an individual, corporation, business trust, estate, trust, partnership or association, 2 or more persons having a joint or common interest, or any other legal or commercial entity. See Maine Revised Statutes Title 12 Sec. 12901
  • Person: means an individual, firm, partnership, association, society, club, corporation, financial institution, estate, trust, business trust, receiver, assignee or any other group or combination acting as a unit, the State or Federal Government or any political subdivision or agency of either government. See Maine Revised Statutes Title 36 Sec. 111
  • person: as used in this Title shall be construed to import both the singular and the plural, as the case demands, and shall include corporations, companies, societies and associations. See Maine Revised Statutes Title 7 Sec. 4
  • Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
  • Person with a disability: means a person with a physical or mental impairment that substantially limits one or more of the major life activities of that person and includes, but is not limited to, a person with a developmental disability, a learning disability or a mental illness. See Maine Revised Statutes Title 5 Sec. 19503
  • Personal property: All property that is not real property.
  • Personal watercraft: includes , but is not limited to, a jet ski, wet bike, surf jet and miniature speedboat. See Maine Revised Statutes Title 12 Sec. 13001
  • Personally identifiable information: means information that permits the identity of an individual to whom the information applies to be able to be reasonably inferred or known by either direct or indirect means. See Maine Revised Statutes Title 22 Sec. 9053
  • Personnel: means staff employed by the agency. See Maine Revised Statutes Title 5 Sec. 19503
  • Place: shall include municipalities, townships and any other unorganized area. See Maine Revised Statutes Title 36 Sec. 501
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Poultry: means domesticated fowl and domesticated waterfowl. See Maine Revised Statutes Title 7 Sec. 81
  • Premium: means a ribbon, trophy or monetary amount or a service or object with monetary value awarded as a prize in a competition. See Maine Revised Statutes Title 7 Sec. 81
  • Primary System: means that portion of the state highway system which the Department of Transportation has by official designation incorporated into the Federal-Aid Primary System. See Maine Revised Statutes Title 30-A Sec. 3752
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probable cause: means a reasonable ground for belief that a person with a disability has been or may be subject to abuse or neglect. See Maine Revised Statutes Title 5 Sec. 19503
  • Probate: Proving a will
  • Professional employee: means any employee engaged in work:  
  • A. See Maine Revised Statutes Title 26 Sec. 962
  • Prohibited substance: means :  
  • A. See Maine Revised Statutes Title 7 Sec. 81
  • Property: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protective headgear: means a helmet that conforms with minimum standards of construction and performance as prescribed by the American National Standards Institute specification Z90. See Maine Revised Statutes Title 12 Sec. 13001
  • 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 employee: means any employee of a public employer, except any person:  
  • A. See Maine Revised Statutes Title 26 Sec. 962
  • Public employer: means :  
  • A. See Maine Revised Statutes Title 26 Sec. 962
  • Qualified easement: means an agricultural conservation easement held by a municipality on qualified farmland in that municipality that:  
  • A. See Maine Revised Statutes Title 7 Sec. 60
  • Qualified farmland: means farmland that meets eligibility requirements established by the department by rule. See Maine Revised Statutes Title 7 Sec. 60
  • Rapidly flowing river: means a river or stretch of a river with rapids classified as class IV or higher by the department according to the International River Classification System or a river or stretch of a river designated by the department by rule on the basis of public safety, including, but not limited to, the Kennebec River between Harris Station and West Forks and the West Branch Penobscot River between McKay Station and Pockwockamus Falls. See Maine Revised Statutes Title 12 Sec. 12901
  • Real estate: means land and structures attached to it. See Maine Revised Statutes Title 30-A Sec. 2001
  • Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • recycled materials: means materials that are composed in whole or in part of elements that are reused or reclaimed. See Maine Revised Statutes Title 5 Sec. 1812
  • Region: means a service delivery region established by the commissioner. See Maine Revised Statutes Title 22 Sec. 3731
  • Registered mail: shall be construed to include certified mail. See Maine Revised Statutes Title 36 Sec. 501
  • 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.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • residence: refer to an individual's place of domicile. See Maine Revised Statutes Title 30-A Sec. 2001
  • Resident: means a citizen of the United States or a person who is not a citizen of the United States who has been domiciled in the State for one year who:  
  • A. See Maine Revised Statutes Title 12 Sec. 10001
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Return: means any document, digital file or electronic data transmission containing information required by this Title to be reported to the State Tax Assessor. See Maine Revised Statutes Title 36 Sec. 111
  • River herring: means the species Alosa pseudoharengus, commonly called alewife, and Alosa aestivalis, commonly called blueback herring. See Maine Revised Statutes Title 12 Sec. 10001
  • 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
  • Sewer system: includes both sewers and sewage disposal systems and all property, rights, easements and franchises relating to those sewers and sewage disposal systems. See Maine Revised Statutes Title 30-A Sec. 2001
  • Simplified employee pension plan: means a simplified employee pension plan that is in compliance with the provisions of the United States Internal Revenue Code of 1954, as amended, as these provisions relate to simplified employee pension plans. See Maine Revised Statutes Title 5 Sec. 891
  • Snagging: means to fish by manipulating a hook or hooks in such a manner as to pierce or snag the fish in a part of the body other than the mouth. See Maine Revised Statutes Title 12 Sec. 10001
  • Snowmobile: means a vehicle propelled by mechanical power that is primarily designed to travel over ice or snow and is supported in part by skis, belts or cleats. See Maine Revised Statutes Title 12 Sec. 13001
  • State of principal use: means the state on whose waters a watercraft is used or to be used most during a calendar year. See Maine Revised Statutes Title 12 Sec. 13001
  • State paper: means the newspaper designated by the Legislature, in which advertisements and notices are required to be published. See Maine Revised Statutes Title 1 Sec. 72
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Stipend: means an amount distributed from the Stipend Fund or the Fair Fund to a qualifying fair licensee. See Maine Revised Statutes Title 7 Sec. 81
  • Stipend Fund: means the fund receiving money in accordance with Title 8, sections 286 and 287 to provide aid and encouragement to fair licensees. See Maine Revised Statutes Title 7 Sec. 81
  • Sucker: means only the species Catostomus commersoni (white sucker) and the species Catostomus catostomus (longnose sucker). See Maine Revised Statutes Title 12 Sec. 10001
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tax: means the total amount required to be paid, withheld and paid over or collected and paid over with respect to estimated or actual tax liability under this Title, any credit or reimbursement allowed or paid pursuant to this Title that is recoverable by the assessor and any amount assessed by the assessor pursuant to this Title, including any interest or penalties provided by law. See Maine Revised Statutes Title 36 Sec. 111
  • Tax collector: shall mean any person chosen, appointed or designated by a municipality or the officers thereof to collect any tax due a municipality; or his successor in office. See Maine Revised Statutes Title 36 Sec. 501
  • Taxpayer: means any person required to file a return under this Title or to pay, withhold and pay over or collect and pay over any tax imposed by this Title. See Maine Revised Statutes Title 36 Sec. 111
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • 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.
  • Trap: means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare. See Maine Revised Statutes Title 12 Sec. 10001
  • 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.
  • Use: means , with respect to watercraft, operate, navigate or employ. See Maine Revised Statutes Title 12 Sec. 13001
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • valid permit: means a license or permit lawfully obtained in the licensee's or permittee's name and signed by that person. See Maine Revised Statutes Title 12 Sec. 10001
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Waiver: means an exemption granted by the department to a specific individual who is banned from employment as a direct access worker for a disqualifying offense. See Maine Revised Statutes Title 22 Sec. 9053
  • Water safety zone: means the area of water within 200 feet of shoreline, whether the shoreline of the mainland or of an island. See Maine Revised Statutes Title 12 Sec. 13001
  • Watercraft: means any type of vessel, boat, canoe or craft capable of being used as a means of transportation on water, other than a seaplane, including motors, electronic and mechanical equipment and other machinery, whether permanently or temporarily attached, that are customarily used in the operations of the watercraft. See Maine Revised Statutes Title 12 Sec. 13001
  • Waters of this State: means all internal waters and all federal waters within the jurisdiction of the State. See Maine Revised Statutes Title 12 Sec. 13001
  • Weir: means a device placed in the inland waters of a river, stream or brook that is designed to entrap fish and that exceeds more than 1/3 of the wetted width of the channel. See Maine Revised Statutes Title 12 Sec. 10001
  • Whitewater craft: means any raft, dory, bateau or similar watercraft that is used to transport passengers along rapidly flowing rivers but does not include canoes or kayaks. See Maine Revised Statutes Title 12 Sec. 12901
  • Whitewater guide: means a person who receives any remuneration from a commercial whitewater outfitter for accompanying, assisting or instructing clients of that commercial whitewater outfitter on the river on whitewater trips and who holds a current whitewater guide's license. See Maine Revised Statutes Title 12 Sec. 12901
  • Whitewater trip: means a commercial effort to transport passengers by means of a whitewater craft on rapidly flowing rivers, except commercial efforts by guides licensed under section 12853 to transport clients by means of a whitewater craft on rapidly flowing rivers while principally engaged in fishing. See Maine Revised Statutes Title 12 Sec. 12901
  • Wildlife: includes wild animals and wild birds. See Maine Revised Statutes Title 12 Sec. 10001
  • Wildlife management: means the art or science of producing wild animals and birds and of improving wildlife conditions in the State. See Maine Revised Statutes Title 12 Sec. 10001
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Young children: means children from birth until they complete grade 3. See Maine Revised Statutes Title 5 Sec. 24051