Sections
Chapter 301 Judges 1101 – 1106
Chapter 303 Reference of Disputes 1151 – 1155
Chapter 305 Juries 1201-A – 1354
Chapter 307 Conduct of Trial 1401 – 1403
Chapter 309 Damages 1451 – 1454
Chapter 311 Taxation of Costs 1501 – 1522
Chapter 313 Judgments 1601 – 1605

Terms Used In Maine Revised Statutes > Title 14 > Part 3

  • 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
  • Academy: means the Maine Maritime Academy and its activities and functions supervised by its board of trustees or their designee. See Maine Revised Statutes Title 26 Sec. 1022
  • Access roads: means any and all roads or highways in the state highway system, including bridges, overpasses and underpasses, which directly or indirectly connect with the turnpike and which shall have been designated as such by the Department of Transportation. See Maine Revised Statutes Title 23 Sec. 1964
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjudicatory hearing: means a hearing to determine whether the allegations of a petition under chapter 507 are supported by evidence that satisfies the standard of proof required. See Maine Revised Statutes Title 15 Sec. 3003
  • Administrative adjustment request: means an administrative adjustment request filed by a partnership pursuant to the Code, Section 6227. See Maine Revised Statutes Title 36 Sec. 5195
  • Adult: means a person 18 years of age or over. See Maine Revised Statutes Title 15 Sec. 3003
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means the protection and advocacy agency for persons with disabilities, designated by the Governor. See Maine Revised Statutes Title 5 Sec. 19503
  • Agriculture: means the production, keeping or maintenance for sale or lease of plants or animals, including, but not limited to, forages and sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, livestock, fruits and vegetables and ornamental and greenhouse products. See Maine Revised Statutes Title 38 Sec. 436-A
  • ambulatory surgical facility: means a facility with a primary purpose of providing elective surgical care to a patient who is admitted to and discharged from the facility within the same day. See Maine Revised Statutes Title 22 Sec. 1812-E
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • 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
  • Aquarium: means an enclosed container used in importing, possessing or displaying nonnative and exotic species of fish or other aquatic organisms that has a closed operating system, that is located within a home, exhibition building or other permanent all-season structure and that does not allow the discharge of water or aquatic organisms into the inland waters of the State. See Maine Revised Statutes Title 12 Sec. 10001
  • ASPIRE-TANF: means the ASPIRE-TANF program established in section 3781-A. See Maine Revised Statutes Title 22 Sec. 3762
  • Assessor: means the State Tax Assessor, except that, in Part 2, Property Taxes, it means the State Tax Assessor with respect to the unorganized territory and the respective municipal assessors or chief assessors of primary assessing areas with respect to the organized areas. See Maine Revised Statutes Title 36 Sec. 111
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Atlantic salmon: means the anadromous fish species Salmo salar that customarily migrates from inland waters to the ocean as part of its life cycle. See Maine Revised Statutes Title 12 Sec. 10001
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attendant: means an agent of a county sheriff or of the Department of Corrections who is authorized to provide temporary supervision of a juvenile alleged to have committed a juvenile crime or of a juvenile adjudicated as having committed a juvenile crime when supervision is appropriate as an interim measure pending the completion of a procedure authorized by law to be taken in regard to such juvenile. See Maine Revised Statutes Title 15 Sec. 3003
  • 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.
  • Audited partnership: means a partnership subject to a partnership-level audit resulting in a federal adjustment. See Maine Revised Statutes Title 36 Sec. 5195
  • Authority: means the Maine Turnpike Authority, created by Private and Special Law 1941, chapter 69, and continued in existence by this chapter. See Maine Revised Statutes Title 23 Sec. 1964
  • Away agency: means a tolling authority in a jurisdiction other than the State that imposes an administrative fee or a civil liability on the registered owner of a vehicle whose operator fails to pay a required toll for the use of a highway, bridge or tunnel. See Maine Revised Statutes Title 23 Sec. 1964
  • 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.
  • 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 as defined in subsection 5 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. 979-A
  • Bargaining agent: means any lawful organization, association or individual representative of such organization or association, which has as one of its primary purposes the representation of employees in their employment relations with employers and which has been certified by the Executive Director of the Maine Labor Relations Board. See Maine Revised Statutes Title 26 Sec. 1022
  • Bargaining agent: means any lawful organization, association or individual representative of such an 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, as defined in subsection 6, 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. 1282
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • 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
  • Best management practice guidelines: means recommended techniques or procedures or a combination of techniques or procedures that are determined by the appropriate agency identified in section 410-J to be the most effective practicable means of preventing or reducing pollution generated by nonpoint sources. See Maine Revised Statutes Title 38 Sec. 410-H
  • Bind-over hearing: means a hearing at which the Juvenile Court determines whether to permit the State to proceed against a juvenile as if the juvenile were an adult. See Maine Revised Statutes Title 15 Sec. 3003
  • Board: means the board of directors of the authority established pursuant to section 1964-A. See Maine Revised Statutes Title 23 Sec. 1964
  • Board: means the Maine Labor Relations Board as defined in section 968, subsection 1. See Maine Revised Statutes Title 26 Sec. 979-A
  • Board: means the Maine Labor Relations Board as defined in section 968, subsection 1. See Maine Revised Statutes Title 26 Sec. 1022
  • Board: means the Maine Labor Relations Board, as defined in section 968. See Maine Revised Statutes Title 26 Sec. 1282
  • Board: means the Minimum Wage Rate on Construction Projects Board as constituted in sections 1304 to 1313. See Maine Revised Statutes Title 26 Sec. 1304
  • Board of Trustees: means the Board of Trustees of the University of Maine System, the Board of Trustees of the Maine Maritime Academy or the Board of Trustees of the Maine Community College System. See Maine Revised Statutes Title 26 Sec. 1022
  • bonds: means and includes a bond or note or other evidence of indebtedness authorized under this chapter whether issued under or pursuant to a bond resolution, trust indenture or loan or other security agreement. See Maine Revised Statutes Title 23 Sec. 1964
  • 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
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Classified employee: means any employee not engaged in professional work as defined in subsection 7. See Maine Revised Statutes Title 26 Sec. 1022
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Code: means the United States Internal Revenue Code of 1986 and amendments to that Code as of December 31, 2018. See Maine Revised Statutes Title 36 Sec. 111
  • Commercial fishing: means harvesting or processing, or both, of wild marine organisms with the intent of disposing of them for profit or trade in commercial channels. See Maine Revised Statutes Title 36 Sec. 1132
  • Commercial fishing activities: means commercial aquacultural production and commercial fishing. See Maine Revised Statutes Title 36 Sec. 1132
  • Commercially: means , with regard to the buying, selling, bartering or trading of wildlife parts, for the purpose of resale or profit or receiving any form of remuneration. See Maine Revised Statutes Title 12 Sec. 10001
  • Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
  • Commissioner: means the Commissioner of Transportation. See Maine Revised Statutes Title 23 Sec. 1903
  • Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Commit: means to transfer legal custody. See Maine Revised Statutes Title 15 Sec. 3003
  • 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.
  • Community college: means the Maine state community colleges and their activities and functions supervised by the Board of Trustees of the Maine Community College System or its designee. See Maine Revised Statutes Title 26 Sec. 1022
  • Community-based AIDS organization: means a nonprofit community organization whose primary purpose is to provide educational information on HIV-related illnesses, support to persons with HIV-related illnesses and assistance to families and others providing care and support to persons with HIV-related illnesses. See Maine Revised Statutes Title 5 Sec. 19251
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • Composite return: means a Maine income tax return filed by a partnership or pass-through entity on behalf of some or all of its partners, beneficiaries or shareholders under rules adopted by the assessor. See Maine Revised Statutes Title 36 Sec. 5195
  • Comprehensive plan: means a document or interrelated documents containing the elements established under section 4326, subsections 1 to 4, including the strategies for an implementation program which are consistent with the goals and guidelines established under subchapter II. See Maine Revised Statutes Title 30-A Sec. 4301
  • Connector: means a section of highway owned by the authority for purposes of connecting the turnpike to the state highway system. See Maine Revised Statutes Title 23 Sec. 1964
  • Construction: means any construction, reconstruction, demolition, improvement, enlargement, painting, decorating or repair of any public works let to contract. See Maine Revised Statutes Title 26 Sec. 1304
  • Construction industry: means that industry which is composed of employees and employers engaged in construction, demolition, repair or moving of buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports and all other structures or works whether private or public on which construction work, as defined in subsection 2, is performed. See Maine Revised Statutes Title 26 Sec. 1304
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled access bypass: means a highway designed to bypass an existing business district and meeting the definition of a controlled access highway. See Maine Revised Statutes Title 23 Sec. 1903
  • Controlled access highway: means a highway to which, in the interest of safety and efficiency of operation, abutting property owners have no right of direct access and on which the type and location of all access connections are determined and controlled by the department. See Maine Revised Statutes Title 23 Sec. 1903
  • Corporate partner: means a partner that is subject to tax pursuant to chapter 817. See Maine Revised Statutes Title 36 Sec. 5195
  • 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 items: means the provisions of a collective bargaining agreement which requires an appropriation by the Legislature. See Maine Revised Statutes Title 26 Sec. 979-A
  • Cost items: means the provisions of a collective bargaining agreement which require specific funding. See Maine Revised Statutes Title 26 Sec. 1022
  • Cost items: means the provisions of a collective bargaining agreement which require an appropriation by the Legislature. See Maine Revised Statutes Title 26 Sec. 1282
  • 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.
  • Court-generated information: means records, information and documents created by the Juvenile Court to document activity in a case, including docket entries and other similar records. See Maine Revised Statutes Title 15 Sec. 3003
  • Crossbow: means a device for propelling an arrow or bolt by means of traverse limbs and a string, mounted on a stock and having a working mechanical trigger safety device and a minimum draw weight of 100 pounds. See Maine Revised Statutes Title 12 Sec. 10001
  • 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.
  • Densely developed area: means any commercial, industrial or compact residential area of 10 or more acres with an existing density of at least one principal structure per 2 acres. See Maine Revised Statutes Title 30-A Sec. 4401
  • Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
  • Department: means the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 30-A Sec. 4301
  • Department of Transportation: means the State Department of Transportation or its successor. See Maine Revised Statutes Title 23 Sec. 1964
  • Department project: means the rehabilitation, reconstruction or construction of any highway or bridge on the state highway system determined by the department and the authority to have a sufficient relationship to the public's use of the turnpike in accordance with section 1974, subsection 6 and is a project or allocation to:  
A. See Maine Revised Statutes Title 23 Sec. 1964
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Detention: means the holding of a person in a facility characterized by either physically restrictive construction or intensive staff supervision that is intended to prevent a person who is placed in or admitted to the facility from departing at will. See Maine Revised Statutes Title 15 Sec. 3003
  • Development: means a change in land use involving alteration of the land, water or vegetation, or the addition or alteration of structures or other construction not naturally occurring. See Maine Revised Statutes Title 30-A Sec. 4301
  • 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.
  • Diagnostic evaluation: means an examination of a juvenile, to assess the risks the juvenile may pose and determine the needs the juvenile may have, which may include, but is not limited to, educational, vocational or psychosocial evaluations, psychometric testing and psychological, psychiatric or medical examinations, which may take place on either a residential or a nonresidential basis. See Maine Revised Statutes Title 15 Sec. 3003
  • Direct partner: means a partner that holds an interest directly in a partnership or pass-through entity. See Maine Revised Statutes Title 36 Sec. 5195
  • Disclosure: means the transmission of information contained in juvenile case records by any means, including orally, in writing or electronically, upon request. See Maine Revised Statutes Title 15 Sec. 3003
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dispositional hearing: means a hearing to determine what order of disposition should be made concerning a juvenile who has been adjudicated as having committed a juvenile crime. See Maine Revised Statutes Title 15 Sec. 3003
  • Dissemination: means release of, transmission in any manner of and access to information contained in juvenile case records expressly authorized by statute, executive order, court rule, court decision or court order. See Maine Revised Statutes Title 15 Sec. 3003
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • Dwelling unit: means any part of a structure which, through sale or lease, is intended for human habitation, including single-family and multifamily housing, condominiums, apartments and time-share units. See Maine Revised Statutes Title 30-A Sec. 4401
  • Emancipation: means the release of a juvenile from the legal control of the juvenile's parents. See Maine Revised Statutes Title 15 Sec. 3003
  • equipment: as used in this chapter mean any and all services, articles or things that are used by or furnished to the State or any department or agency thereof, and any and all printing, binding, publication of laws, journals and reports. See Maine Revised Statutes Title 5 Sec. 1812
  • 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
  • Erect: means to construct, build, raise, assemble, place, display, affix, attach, create, paint, draw or in any other way bring into being or establish. See Maine Revised Statutes Title 23 Sec. 1903
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • Executive director: means the Executive Director of the Maine Labor Relations Board as defined in section 968, subsection 2. See Maine Revised Statutes Title 26 Sec. 979-A
  • Executive Director: means the Executive Director of the Maine Labor Relations Board as defined in section 968, subsection 2. See Maine Revised Statutes Title 26 Sec. 1022
  • Executive director: means the Executive Director of the Maine Labor Relations Board, as defined in section 968, subsection 2. See Maine Revised Statutes Title 26 Sec. 1282
  • Exempt partner: means a partner that is subject to the tax imposed by chapter 819 or exempt from the taxes imposed by chapters 803, 809 and 817, except to the extent of unrelated business taxable income. See Maine Revised Statutes Title 36 Sec. 5195
  • 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
  • Facility: means any physical structure. See Maine Revised Statutes Title 15 Sec. 3003
  • 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.
  • Fair minimum wage and benefits: means the prevailing wage and benefits as determined by the Director of the Bureau of Labor Standards according to section 1306. See Maine Revised Statutes Title 26 Sec. 1304
  • Farmland: means a parcel consisting of 5 or more acres of land that is:  
  • A. See Maine Revised Statutes Title 30-A Sec. 4401
  • Federal adjustment: means an adjustment to an item or amount determined under the Code that affects the computation of a taxpayer's Maine tax liability resulting from a partnership-level audit or other action by the IRS or an amended federal return, refund claim or administrative adjustment request filed by a taxpayer. See Maine Revised Statutes Title 36 Sec. 5195
  • Federal adjustments report: means a method or form required by the assessor for use by a taxpayer to report final federal adjustments, including an amended tax return and an information return. See Maine Revised Statutes Title 36 Sec. 5195
  • Federal partnership representative: means the person designated by a partnership or appointed by the IRS to act on behalf of a partnership pursuant to the Code, Section 6223(a) for the reviewed year. See Maine Revised Statutes Title 36 Sec. 5195
  • Federal poverty level: means the nonfarm income official poverty line for a family of the size involved, as defined by the federal Office of Management and Budget and revised annually in accordance with the United States Omnibus Budget Reconciliation Act of 1981, Section 673, Subsection 2. See Maine Revised Statutes Title 22 Sec. 3762
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Final federal adjustment: means a federal adjustment for which the final determination date has passed. See Maine Revised Statutes Title 36 Sec. 5195
  • Firearm: means any instrument used in the propulsion of pellets, shot, shells or bullets by action of gunpowder, compressed air or gas exploded or released within it. See Maine Revised Statutes Title 12 Sec. 10001
  • 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
  • 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.
  • Freshwater wetland: means freshwater swamps, marshes, bogs and similar areas which are:  
  • A. See Maine Revised Statutes Title 30-A Sec. 4401
  • 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.
  • 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
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72
  • Grantor: means the person who conveys a freehold estate or interest in land. See Maine Revised Statutes Title 1 Sec. 72
  • Great pond: means any inland body of water which in a natural state has a surface area in excess of 10 acres and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres except for the purposes of this article, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner. See Maine Revised Statutes Title 38 Sec. 436-A
  • Gross floor area: means the aggregate of the areas of each floor of a building or structure, including accessory structures, measured between the exterior faces of the exterior walls or limits of the building or structure at the level of each floor. See Maine Revised Statutes Title 30-A Sec. 4366
  • Guardian: means a person lawfully invested with the power, and charged with the duty, of taking care of a person and managing the property and rights of the person, who, because of age, is considered incapable of administering the person's own affairs. See Maine Revised Statutes Title 15 Sec. 3003
  • highway: means any public way which is so designated by this Title, including interstate, primary and secondary highways. See Maine Revised Statutes Title 23 Sec. 1903
  • HIV: means the human immunodeficiency virus, identified as the causative agent of Acquired Immune Deficiency Syndrome or AIDS. See Maine Revised Statutes Title 5 Sec. 19201
  • HIV test: means a test for the presence of an antibody to HIV or a test for an HIV antigen or other diagnostic determinants specific for HIV infection. See Maine Revised Statutes Title 5 Sec. 19201
  • Home rule authority: means the powers granted to municipalities under chapter 111; section 3001; and the Constitution of Maine, Article VIII, Part Second. See Maine Revised Statutes Title 30-A Sec. 2001
  • 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
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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.
  • Indirect partner: means a partner in a partnership or pass-through entity that itself holds an interest directly, or through another indirect partner, in a partnership or pass-through entity. See Maine Revised Statutes Title 36 Sec. 5195
  • Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • Informal adjustment: means a voluntary arrangement between a juvenile community corrections officer and a juvenile referred to the officer that provides sufficient basis for a decision by the juvenile community corrections officer not to file a petition under chapter 507. See Maine Revised Statutes Title 15 Sec. 3003
  • 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
  • Inspection: means access to and review of juvenile case records in a manner prescribed by the Supreme Judicial Court. See Maine Revised Statutes Title 15 Sec. 3003
  • Interchange: means a system of interconnecting roadways in conjunction with one or more points of separation, providing for the interchange of traffic between 2 or more roadways or highways, one of which is the turnpike and includes sufficient lengths of intersecting roadways required for conformance with then current road design standards or standards acceptable to the Department of Transportation. See Maine Revised Statutes Title 23 Sec. 1964
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interested party: means a bidder, contractor or subcontractor for a public works contract covered by this chapter. See Maine Revised Statutes Title 26 Sec. 1304
  • Interim care: means the status of temporary physical control of a juvenile by a person authorized by section 3501. See Maine Revised Statutes Title 15 Sec. 3003
  • Intermodal transportation facility: means any facility, including but not limited to any rail or bus depot or station, taxi stand, loading platform, parking lot and any related building or appurtenance, located on or adjacent to the turnpike or in the immediate vicinity of any turnpike interchange, that is designed to serve the needs of users of 2 or more modes of transportation including the turnpike and that the authority determines necessary or convenient to meet the needs of users of the turnpike. See Maine Revised Statutes Title 23 Sec. 1964
  • 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.
  • interstate highway: means any state highway which is or does become part of the national system of interstate or defense highways, as described in the United States Code,Title 23, section 103(d) and amendments thereto or replacements thereof. See Maine Revised Statutes Title 23 Sec. 1903
  • IRS: means the United States Internal Revenue Service. See Maine Revised Statutes Title 36 Sec. 5195
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Judicial employee: means any employee of the Judicial Department, except any person:  
  • A. See Maine Revised Statutes Title 26 Sec. 1282
  • Juror: A person who is on the jury.
  • Juvenile: means any person who has not attained the age of 18 years. See Maine Revised Statutes Title 15 Sec. 3003
  • Juvenile case records: means all records, regardless of form or means of transmission, that comprise a juvenile court file of an individual case, including, but not limited to, court-generated information, information and documents filed by filers, transcripts of depositions, hearings, proceedings and interviews, documentary exhibits in the custody of the clerk of the court, electronic records, videotapes and records of other proceedings filed with the clerk of the court. See Maine Revised Statutes Title 15 Sec. 3003
  • Juvenile community corrections officer: means an agent of the Department of Corrections authorized:  
  • A. See Maine Revised Statutes Title 15 Sec. 3003
  • Juvenile Court: means the District Court exercising the jurisdiction conferred by section 3101. See Maine Revised Statutes Title 15 Sec. 3003
  • Juvenile crime: has the meaning set forth in section 3103. See Maine Revised Statutes Title 15 Sec. 3003
  • 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
  • Law clerk: Assist judges with research and drafting of opinions.
  • Law enforcement officer: means a person who by virtue of public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 23 Sec. 1964
  • 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
  • Legal custodian: means a person who has legal custody of a juvenile. See Maine Revised Statutes Title 15 Sec. 3003
  • Legal custody: means the right to the care, custody and control of a juvenile and the duty to provide food, clothing, shelter, ordinary medical care, education and discipline for a juvenile, and, in an emergency, to authorize surgery or other extraordinary care. See Maine Revised Statutes Title 15 Sec. 3003
  • Legislative employee: means any employee of the Legislature performing services within the legislative branch, except any person:  
  • A. See Maine Revised Statutes Title 26 Sec. 979-A
  • 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.
  • Locality: means where the construction is to be performed and the adjacent areas from which labor would be recruited for work on the project, and, in appropriate circumstances, it may be deemed to include the entire State. See Maine Revised Statutes Title 26 Sec. 1304
  • Logo: means a single or multicolored symbol or design used by a business as a means of identifying its products or services. See Maine Revised Statutes Title 23 Sec. 1903
  • Maintain: means to allow to exist. See Maine Revised Statutes Title 23 Sec. 1903
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • 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
  • Migratory waterfowl: means anatidae, or waterfowl, including brant, wild ducks, geese and swans. See Maine Revised Statutes Title 12 Sec. 10001
  • Minority: when used in reference to age shall mean under the age of 18. 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.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle: means a self-propelled vehicle capable of legal operation on the traveled portion of the state highways. See Maine Revised Statutes Title 23 Sec. 1903
  • Municipal legislative body: means :  
  • A. See Maine Revised Statutes Title 30-A Sec. 2001
  • 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
  • Municipal reviewing authority: means the municipal planning board, agency or office, or if none, the municipal officers. See Maine Revised Statutes Title 30-A Sec. 4301
  • Municipality: shall include cities, towns and plantations. See Maine Revised Statutes Title 36 Sec. 501
  • Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001
  • 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
  • New structure or structures: includes any structure for which construction begins on or after September 23, 1988. See Maine Revised Statutes Title 30-A Sec. 4401
  • Nonpoint source: means any source, excluding any source defined as a direct discharge in section 466, that discharges pollutants into the surface or ground waters of the State, including, but not limited to, sources related to agriculture, construction and maintenance of bridges, railways and roads, forest management and commercial, industrial or residential development. See Maine Revised Statutes Title 38 Sec. 410-H
  • Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001
  • Nonresident partner: means an individual, trust or estate partner that is not a resident partner. See Maine Revised Statutes Title 36 Sec. 5195
  • 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
  • Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72
  • Officer of the court: means a judicial officer, including a judge, an attorney or an employee of the court including a clerk or a marshal. See Maine Revised Statutes Title 15 Sec. 3003
  • Official business directional sign: means a sign erected and maintained in accordance with this chapter, to indicate to the traveling public the route and distance to public accommodations, facilities, commercial services for the traveling public and points of scenic, historical, cultural, recreational, educational and religious interest. See Maine Revised Statutes Title 23 Sec. 1903
  • On-premises sign: means a sign that is erected and maintained according to the standards set forth in section 1914 upon the real property upon which the business, facility or point of interest advertised by the sign is located, a sign licensed pursuant to section 1914, subsection 4 that is within the portion of the public right-of-way that abuts that real property or an approach sign as permitted by section 1914, subsection 10. See Maine Revised Statutes Title 23 Sec. 1903
  • Operating revenues: means income of the Maine Turnpike Authority from fees, fares, tolls, rental of concessions and miscellaneous revenue and interest. See Maine Revised Statutes Title 23 Sec. 1964
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • outstanding river segments: means :  
  • A. See Maine Revised Statutes Title 30-A Sec. 4401
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means either a natural parent or the adoptive parent of a juvenile. See Maine Revised Statutes Title 15 Sec. 3003
  • Partner: means a person that holds an interest directly or indirectly in a partnership or pass-through entity. See Maine Revised Statutes Title 36 Sec. 5195
  • 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.
  • Partnership: means an entity subject to taxation under the Code, Subtitle A, Chapter 1, Subchapter K other than a financial institution subject to tax pursuant to chapter 819. See Maine Revised Statutes Title 36 Sec. 5195
  • Partnership-level audit: means an examination by the IRS at the partnership level pursuant to the Code, Subtitle F, Chapter 63, Subchapter C that results in federal adjustments. See Maine Revised Statutes Title 36 Sec. 5195
  • Pass-through entity: means an entity, other than a partnership, that is not subject to tax under chapter 817 or 819. See Maine Revised Statutes Title 36 Sec. 5195
  • 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: means any natural person, firm, corporation, partnership or other organization, association or group, however organized. See Maine Revised Statutes Title 5 Sec. 19201
  • Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
  • 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, joint venture, partnership or any other legal entity. See Maine Revised Statutes Title 23 Sec. 1903
  • 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.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • 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.
  • Prevailing wage and benefits: means the hourly wage and benefits paid to the median number of workers employed in a trade or occupation on the 2nd and 3rd week in September. See Maine Revised Statutes Title 26 Sec. 1304
  • primary highway: means any state highway which is or does become part of the federal aid primary system, as described in the United States Code,Title 23, section 103(b) and amendments thereto and replacement thereof. See Maine Revised Statutes Title 23 Sec. 1903
  • Principal building or structure: means a building where an advertised business or activity is regularly carried on or practiced or a parking lot or storage or processing area or other structure that is essential and customary to the conduct of the advertised business or activity. See Maine Revised Statutes Title 23 Sec. 1903
  • Principal structure: means any building or structure in which the main use of the premises takes place. See Maine Revised Statutes Title 30-A Sec. 4401
  • Private pond: means an artifically constructed pond impounded within the limits of the riparian owner, even though the water is not supplied directly from a brook, stream or river. See Maine Revised Statutes Title 12 Sec. 10001
  • Private way: means a private road, driveway or public easement as defined in section 3021. See Maine Revised Statutes Title 23 Sec. 1903
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • 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
  • Probation: means a legal status created by court order in cases involving a juvenile adjudicated as having committed a juvenile crime that permits the juvenile to remain in the juvenile's own home or other placement designated by the Juvenile Court subject to revocation for violation of any condition imposed by the court. See Maine Revised Statutes Title 15 Sec. 3003
  • Producer: means a person who produces, cultivates, grows or harvests farm and food products, as defined inTitle 7, section 415, subsection 1, paragraph B. See Maine Revised Statutes Title 23 Sec. 1903
  • Professional employee: means any employee engaged in work:  
  • A. See Maine Revised Statutes Title 26 Sec. 1022
  • 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.
  • Public authority: means the Maine Turnpike Authority or any officer, board, commission or agency of the State that is authorized by law to enter into contracts for the construction of public works and is supported in whole or in part by public funds of the State . See Maine Revised Statutes Title 26 Sec. 1304
  • Public drinking water supplier: means a public water supplier as defined by the federal Safe Drinking Water Act that provides drinking water from a source water protection area. See Maine Revised Statutes Title 30-A Sec. 2001
  • Public employer: means , with respect to the executive branch, all the departments, agencies and commissions of the executive branch of the State of Maine, represented by the Governor or the Governor's designee. See Maine Revised Statutes Title 26 Sec. 979-A
  • Public employer: means the Judicial Department of the State. See Maine Revised Statutes Title 26 Sec. 1282
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public way: means any road capable of carrying motor vehicles, including, but not limited to, any state highway, municipal road, county road, unincorporated territory road or other road dedicated to the public. See Maine Revised Statutes Title 23 Sec. 1903
  • Public works: includes public schools and all buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, demolition, waterworks, airports and all other structures upon which construction is funded in whole or in part by state funds and for which the contract amounts to $50,000 or more. See Maine Revised Statutes Title 26 Sec. 1304
  • Quorum: The number of legislators that must be present to do business.
  • Raptor: means a bird of the order Strigiformes and of the families Accipitridae and Falconidae commonly called buteos, accipiters, falcons and owls. See Maine Revised Statutes Title 12 Sec. 10001
  • 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 estate: means land and structures attached to it. See Maine Revised Statutes Title 30-A Sec. 2001
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • reconstruction: means any and all activities undertaken to maintain the Maine Turnpike, or any part thereof, as a modern, safe and efficient facility and includes, but is not limited to, any rebuilding, redesign, improvement or enlargement of the turnpike or any part thereof which the authority deems necessary to continuously, adequately, safely and swiftly facilitate vehicular traffic upon, to or from the Maine Turnpike. See Maine Revised Statutes Title 23 Sec. 1964
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • 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
  • Regular employee: means any professional or classified employee who occupies a position that exists on a continual basis. See Maine Revised Statutes Title 26 Sec. 1022
  • 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.
  • Reserve maintenance fund: means a fund established by a resolution authorizing bonds of the authority as a source to pay for turnpike maintenance, turnpike rehabilitation, insurance, emergency repairs of the turnpike, remediation of turnpike deficiencies and other perennial costs and selected capital projects as recommended by a consulting engineer. See Maine Revised Statutes Title 23 Sec. 1964
  • 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
  • Resident estate or trust: shall mean :  
  • A. See Maine Revised Statutes Title 36 Sec. 5102
  • Resident individual: means an individual:  
  • A. See Maine Revised Statutes Title 36 Sec. 5102
  • Resident partner: means a partner that is a resident individual or a resident estate or trust under this Part  
  • [PL 2019, c. See Maine Revised Statutes Title 36 Sec. 5195
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail business establishment: means a business engaged in the sale of goods to the ultimate consumer for direct use or consumption. See Maine Revised Statutes Title 30-A Sec. 4366
  • 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
  • Revenue fund: means a fund established by a resolution authorizing bonds of the authority as the initial depositary for all operating income of the authority; certain operating expenses, defined by bond resolutions, are paid from the revenue fund before further transfers are made to funds for debt service, reserve maintenance and general reserves. See Maine Revised Statutes Title 23 Sec. 1964
  • Reviewed year: means the taxable year of a partnership that is subject to a partnership-level audit from which federal adjustments arise. See Maine Revised Statutes Title 36 Sec. 5195
  • secondary highway: means any state highway, but which is not part of the interstate or primary systems. See Maine Revised Statutes Title 23 Sec. 1903
  • Secure detention facility: means a facility characterized by physically restrictive construction that is intended to prevent a person who is placed in or admitted to the facility from departing at will. See Maine Revised Statutes Title 15 Sec. 3003
  • Service of process: The service of writs or summonses to the appropriate party.
  • services: when used in this chapter, means any and all window cleaning services, elevator repair and maintenance services, laundry service, linen supply service, dry cleaning service, janitor service, floor maintenance service, rubbish and garbage disposal service, tree surgeon service, all types of office machine repair and maintenance service, exterminator service, refrigerator repair and maintenance service and oil burner repair and maintenance service when any such service is performed by an independent contractor. See Maine Revised Statutes Title 5 Sec. 1812
  • 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
  • Shelter: means the temporary care of a juvenile in physically unrestricting facilities. See Maine Revised Statutes Title 15 Sec. 3003
  • Sign: means any structure, display, logo, device or representation which is designed or used to advertise or call attention to any thing, person, business, activity or place and is visible from any public way. See Maine Revised Statutes Title 23 Sec. 1903
  • Source water protection area: means an area that contributes recharge water to a surface water intake or public water supply well for a public drinking water supply. See Maine Revised Statutes Title 30-A Sec. 2001
  • State employee: means any employee of the State of Maine performing services within the executive department except any person: