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 - Trial and Judgment

  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agricultural composting operation: means composting that takes place on a farm. See Maine Revised Statutes Title 7 Sec. 152
  • Agricultural products: means those plants and animals and their products that are useful to humans and includes, but is not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, bees and bees' products, livestock and livestock products, manure and compost and fruits, berries, vegetables, flowers, seeds, grasses and other similar products, or any other plant, animal or plant or animal products that supply humans with food, feed, fiber or fur. See Maine Revised Statutes Title 7 Sec. 152
  • 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
  • Agricultural support services: means the aerial or surface application of seed, fertilizer, pesticides or soil amendments and custom harvesting. See Maine Revised Statutes Title 7 Sec. 152
  • 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
  • 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.
  • 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.
  • 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
  • Aquatic plant: means a plant species that requires a permanently flooded freshwater habitat. See Maine Revised Statutes Title 12 Sec. 13001
  • 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.
  • 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.
  • 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
  • Beverage container: means a can, bottle, jar or other container made of aluminum or metal that is sealed by a manufacturer and contained, at the time of sale, a beverage, as defined by Title 38, section 3102, subsection 1, but does not include a beer keg. See Maine Revised Statutes Title 30-A Sec. 3771
  • 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: means the Maine Board of Tax Appeals as established in Title 5, section 12004?B, subsection 10. See Maine Revised Statutes Title 36 Sec. 111
  • 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
  • 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 Bureau of Revenue Services, which may be referred to as "Maine Revenue Services. See Maine Revised Statutes Title 36 Sec. 111
  • 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.
  • 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 Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • 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
  • 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
  • Composting: means the controlled aerobic decomposition of organic materials to produce a soil-like product beneficial to plant growth and suitable for agronomic use. See Maine Revised Statutes Title 7 Sec. 152
  • Comprehensive plan: means zoning or a plan of development, including any amendment thereto, prepared or adopted by the planning board. See Maine Revised Statutes Title 36 Sec. 1102
  • 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.
  • 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
  • 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
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Cropland: means acreage within a farm unit of land in tillage rotation, open land formerly cropped and land in bush fruits. See Maine Revised Statutes Title 36 Sec. 1102
  • 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
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
  • 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
  • Division: means the Department of Inland Fisheries and Wildlife, Division of Licensing, Registration and Engineering. See Maine Revised Statutes Title 12 Sec. 13001
  • Docket: A log containing brief entries of court proceedings.
  • Dower: A widow
  • 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
  • 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.
  • 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.
  • Excess valuation factor: includes , but is not limited to, aesthetic factors, recreational water-use factors, residential housing factors and nonresidential development factors unrelated to working waterfront uses. See Maine Revised Statutes Title 36 Sec. 1132
  • 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
  • Executor: A male person named in a will to carry out the decedent
  • 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.
  • 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
  • Farm: means the land, plants, animals, buildings, structures, ponds and machinery used in the commercial production of agricultural products. See Maine Revised Statutes Title 7 Sec. 152
  • Farm operation: means a condition or activity that occurs on a farm in connection with the commercial production of agricultural products and includes, but is not limited to, operations giving rise to noise, odors, dust, insects and fumes; operation of machinery and irrigation pumps; disposal of manure; agricultural support services; and the employment and use of labor. See Maine Revised Statutes Title 7 Sec. 152
  • Farm woodland: means the combined acreage within a farm unit of forested land. See Maine Revised Statutes Title 36 Sec. 1102
  • Farmland: means any tract or tracts of land, including woodland and wasteland, of at least 5 contiguous acres on which farming or agricultural activities have contributed to a gross annual farming income of at least $2,000 per year from the sales value of agricultural products as defined in Title 7, section 152, subsection 2 in one of the 2, or 3 of the 5, calendar years preceding the date of application for classification. See Maine Revised Statutes Title 36 Sec. 1102
  • 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
  • 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 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
  • Forest management and harvest plan: means a written document that outlines activities to regenerate, improve and harvest a standing crop of timber. See Maine Revised Statutes Title 36 Sec. 1102
  • Forested land: means land that is used in the growth of trees but does not include ledge, marsh, open swamp, bog, water and similar areas that are unsuitable for growing trees. See Maine Revised Statutes Title 36 Sec. 1102
  • Fraud: Intentional deception resulting in injury to another.
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • 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
  • 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
  • Head of tide: means the inland or upstream limit of water affected by the tide. See Maine Revised Statutes Title 36 Sec. 1132
  • 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
  • Highway: means any public way. See Maine Revised Statutes Title 30-A Sec. 3752
  • Horticultural land: means land which is engaged in the production of vegetables, tree fruits, small fruits, flowers and woody or herbaceous plants. See Maine Revised Statutes Title 36 Sec. 1102
  • 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
  • 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.
  • Infant: means a person who has not attained the age of 18 years. 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
  • 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
  • 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
  • Internal waters: means waters under the exclusive jurisdiction of the State. See Maine Revised Statutes Title 12 Sec. 13001
  • 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
  • Intertidal zone: means all land affected by the tides between the mean high-water mark and the mean low-water mark. See Maine Revised Statutes Title 36 Sec. 1132
  • 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.
  • 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
  • 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
  • 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
  • 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
  • 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
  • Marine organism: means an animal or plant that inhabits intertidal zones or waters below head of tide. See Maine Revised Statutes Title 36 Sec. 1132
  • 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
  • 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 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
  • 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
  • Municipality: means a city or town, except as provided in Maine Revised Statutes Title 30-A Sec. 2001
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonferrous metal: includes the following metals and their alloys:  
  • A. See Maine Revised Statutes Title 30-A Sec. 3771
  • 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
  • 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
  • Open space land: means any area of land, including state wildlife and management areas, sanctuaries and preserves designated as such in Title 12, the preservation or restriction of the use of which provides a public benefit in any of the following areas:  
  • A. See Maine Revised Statutes Title 36 Sec. 1102
  • 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
  • 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
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Orchard land: means the combined acreage within a farm unit of land devoted to the cultivation of trees bearing edible fruit. See Maine Revised Statutes Title 36 Sec. 1102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means :  
  • A. See Maine Revised Statutes Title 12 Sec. 13001
  • Pastureland: means the combined acreage within a farm unit of land devoted to the production of forage plants used for animal production. See Maine Revised Statutes Title 36 Sec. 1102
  • Person: means an individual, corporation, joint venture, partnership or any other legal entity. See Maine Revised Statutes Title 23 Sec. 1903
  • 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, 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
  • 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
  • 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.
  • Planning board: means a planning board created for the purpose of planning in any municipality or the Maine Land Use Planning Commission in the unorganized territory. See Maine Revised Statutes Title 36 Sec. 1102
  • 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
  • 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.
  • 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
  • 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
  • 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.
  • Producer: means a person who produces, cultivates, grows or harvests farm and food products, as defined in Title 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
  • 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.
  • 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 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 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
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 30-A Sec. 3771
  • 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
  • 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
  • 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
  • Scrap metal: means metal that can be recycled, including, but not limited to, bits and pieces of metal parts that may be combined together with bolts or soldering and can be recycled when worn or superfluous. See Maine Revised Statutes Title 30-A Sec. 3771
  • Scrap metal processor: means a person that purchases scrap metal for resale or recycling. See Maine Revised Statutes Title 30-A Sec. 3771
  • 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
  • Seller: means any person that receives in a transaction monetary consideration from a scrap metal processor in exchange for nonferrous metal, iron or steel, including stainless steel. See Maine Revised Statutes Title 30-A Sec. 3771
  • 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
  • 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
  • State employee: means any employee of the State of Maine performing services within the executive department except any person:  
  • A. See Maine Revised Statutes Title 26 Sec. 979-A
  • 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
  • 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
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervisory employee: means any employee whose principal work tasks are characterized by performing such management control duties as scheduling, assigning, overseeing and reviewing the work of subordinate employees, or performing such duties as are distinct and dissimilar from those performed by the employees supervised, or exercising judgment in adjusting grievances, in applying other established personnel policies and procedures and in enforcing a collective bargaining agreement or establishing or participating in the establishment of performance standards for subordinate employees and taking corrective measures to implement those standards. See Maine Revised Statutes Title 26 Sec. 1022
  • Support the conduct of commercial fishing activities: means :  
  • A. See Maine Revised Statutes Title 36 Sec. 1132
  • 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.
  • Temporary sign: means a sign bearing a noncommercial message that has been placed within the public right-of-way for a limited period of time. See Maine Revised Statutes Title 23 Sec. 1903
  • 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
  • Traffic control sign or device: means an official route marker, warning sign, sign directing traffic to or from a community, bridge, ferry or airport, or sign regulating traffic, which has been erected by officers having jurisdiction over the public way and these signs shall be exempt from the requirements of this chapter. See Maine Revised Statutes Title 23 Sec. 1903
  • 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.
  • Turnpike: means the roadway constructed between Kittery in York County and Augusta in Kennebec County pursuant to Private and Special Law 1941, chapter 69, sections 1 to 20, as amended, together with any expansion or extension of that roadway that is authorized by law, and includes not only the roadway and all rights-of-way, bridges, tunnels, overpasses, underpasses and interchanges either on the roadway or connected to or connecting with the roadway as expanded or extended, but also all buildings, toll facilities and other equipment, median barriers, shoulders, embankments, property rights, easements, leases and franchises relating to the roadway and such rights-of-way bridges, tunnels, overpasses, underpasses and interchanges and determined necessary or convenient for the construction, reconstruction, operation or maintenance of the turnpike. See Maine Revised Statutes Title 23 Sec. 1964
  • University: means all campuses or units of the university, represented by the board of trustees or its designee. See Maine Revised Statutes Title 26 Sec. 1022
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Use: means , with respect to watercraft, operate, navigate or employ. See Maine Revised Statutes Title 12 Sec. 13001
  • Used predominantly: means used more than 90% for commercial fishing activity, allowing for limited uses for noncommercial or nonfishing activities if those activities are minor and purely incidental to a property's predominant use. See Maine Revised Statutes Title 36 Sec. 1132
  • Used primarily: means used more than 50% for commercial fishing activity. See Maine Revised Statutes Title 36 Sec. 1132
  • 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
  • Verdict: The decision of a petit jury or a judge.
  • Visible: means capable of being seen without visual aid by a person of normal visual acuity. See Maine Revised Statutes Title 23 Sec. 1903
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • 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
  • Whips: Assistants to the floor leaders who are also elected by their party conferences. The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. In the absence of a party floor leader, the whip often serves as acting floor leader.
  • Wild animal: means a species of mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals, and includes any physical part of that species of animal. See Maine Revised Statutes Title 12 Sec. 10001
  • Wildlife habitat: means land that is subject to a written management agreement between the landowner and either the Department of Inland Fisheries and Wildlife or the Department of Agriculture, Conservation and Forestry to ensure that the habitat benefits provided by the land are not lost. See Maine Revised Statutes Title 36 Sec. 1102
  • Working waterfront land: means a parcel of land, or a portion thereof, abutting water to the head of tide or land located in the intertidal zone that is used primarily or used predominantly to provide access to or support the conduct of commercial fishing activities. See Maine Revised Statutes Title 36 Sec. 1132