Sections
Chapter 601 General Provisions 5301
Chapter 609 Habeas Corpus 5501 – 5546

Terms Used In Maine Revised Statutes > Title 14 > Part 6 - Extraordinary Writs

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agreement: means a written document executed between an ESRD facility and another facility in which the other facility agrees to assume responsibility for furnishing specified services to patients and for obtaining reimbursement for those services. See Maine Revised Statutes Title 22 Sec. 2041
  • 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
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Arrangement: means a written document executed between an ESRD facility and another facility in which the other facility agrees to furnish specified services to patients but the ESRD facility retains responsibility for those services and for obtaining reimbursement for them. See Maine Revised Statutes Title 22 Sec. 2041
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: means the Maine Health and Higher Educational Facilities Authority created and established as a public body corporate and politic of the State of Maine by section 2054 or any board, body, commission, department or officer succeeding to the principal functions thereof or to whom the powers conferred upon the authority by this chapter shall be given by law. See Maine Revised Statutes Title 22 Sec. 2053
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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
  • bow: includes a compound bow, a recurve bow and a long bow. See Maine Revised Statutes Title 12 Sec. 10001
  • 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.
  • Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • 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 health center: means an incorporated nonprofit health facility that provides comprehensive primary health care to citizens in a community. See Maine Revised Statutes Title 22 Sec. 2053
  • Community health or social service facility: means a community-based facility that provides medical or medically related diagnostic or therapeutic services, mental health services, services for persons with intellectual disabilities or autism, substance use disorder services or family counseling and domestic abuse intervention services and is licensed by the State. See Maine Revised Statutes Title 22 Sec. 2053
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Comprehensive family life education: means education in kindergarten to grade 12 regarding human development and sexuality, including education on family planning and sexually transmitted diseases, that is medically accurate and age appropriate; that respects community values and encourages parental communication; that develops skills in communication, decision making and conflict resolution; that contributes to healthy relationships; that promotes responsible sexual behavior with an emphasis on abstinence; that addresses the use of contraception; that promotes individual responsibility and involvement regarding sexuality; and that teaches skills for responsible decision making regarding sexuality. See Maine Revised Statutes Title 22 Sec. 1902
  • Contraceptive procedures: means any medically accepted procedure to prevent pregnancy when performed by or under the direction of a health care practitioner on a requesting and consenting patient. See Maine Revised Statutes Title 22 Sec. 1902
  • Contraceptive supplies: means those medically approved drugs, prescriptions, rhythm charts, devices and other items designed to prevent pregnancy through chemical, mechanical, behavioral or other means. See Maine Revised Statutes Title 22 Sec. 1902
  • 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.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Labor. See Maine Revised Statutes Title 26 Sec. 2131
  • Dependent: A person dependent for support upon another.
  • Dialysis: means a process by which dissolved substances are removed from a patient's body by diffusion from one fluid compartment to another across a semipermeable membrane. See Maine Revised Statutes Title 22 Sec. 2041
  • Director: means the Director of the Bureau of Forestry. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Disallowed expenditure: means an amount paid to any person for those acts or services rendered, which result in:  
A. See Maine Revised Statutes Title 22 Sec. 1862
  • Docket: A log containing brief entries of court proceedings.
  • Eligible entity: means a facility or institution eligible to participate in financing or other borrowing services authorized by this chapter and includes a participating community health or social service facility, a participating health care facility, a participating institution for higher education or a participating institution providing an educational program. See Maine Revised Statutes Title 22 Sec. 2053
  • Eligible veteran: means :  
  • A. See Maine Revised Statutes Title 26 Sec. 2131
  • 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
  • ESRD: means that stage of renal impairment that appears irreversible and permanent and requires a regular course of dialysis or kidney transplantation to maintain life. See Maine Revised Statutes Title 22 Sec. 2041
  • ESRD facility: means a renal dialysis center, a renal dialysis facility, a self-dialysis unit or a special-purpose renal dialysis facility. See Maine Revised Statutes Title 22 Sec. 2041
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Family planning: means informed and voluntary self-determination of desired family size and of the timing of child bearing based upon comprehensive knowledge of factors pertinent to this determination. See Maine Revised Statutes Title 22 Sec. 1902
  • Family planning services: means medically safe and effective sexual and reproductive health care and education that enable persons to freely plan their children, avoid unintended pregnancy and maintain reproductive and sexual health through the provision of contraceptive supplies, contraceptive procedures and related counseling; the prevention and treatment of infertility; appropriate prenatal and obstetric care; the prevention or treatment of sexually transmitted infections; and other services necessary for reproductive and sexual health. See Maine Revised Statutes Title 22 Sec. 1902
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • Forest land owners: means persons who own forest lands. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Health care facility: means a nursing home that is, or will be upon completion, licensed under Maine Revised Statutes Title 22 Sec. 2053
  • Health care institution: means any person, partnership, association or corporation, including county or local government unit, required to obtain a license pursuant to Maine Revised Statutes Title 22 Sec. 1862
  • Health care practitioner: means an individual who is licensed, certified or otherwise authorized under the laws of the State to provide health care services. See Maine Revised Statutes Title 22 Sec. 1902
  • Highway purposes: means use as a town way and those things incidental to the laying out, construction, improvement, maintenance, change of location, alignment and drainage of town ways, including the securing of materials therefor; provision for the health, welfare and safety of the public using town ways; provision for parking places, rest areas and preservation of scenic beauty along town ways. See Maine Revised Statutes Title 23 Sec. 3021
  • Hospital: means any private, nonprofit or charitable institution or organization which is either:  
  • A. See Maine Revised Statutes Title 22 Sec. 2053
  • 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
  • Institution for higher education: means :  
  • A. See Maine Revised Statutes Title 22 Sec. 2053
  • Institution providing an educational program: means a nonprofit or charitable institution, public or private, that is exempt from federal taxation pursuant to the United States Internal Revenue Code of 1986, as amended, Section 501 and that provides a program of education for the purpose of enhancing the knowledge or abilities of its members or the general public. See Maine Revised Statutes Title 22 Sec. 2053
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Management program: means all activities undertaken by the Bureau of Forestry in connection with the short-term and long-term management of spruce budworm infestations, including, without limitation, any activities undertaken in connection with spruce budworm survey and detection activities, targeting silvicultural and integrated pest management programs, research, methods development and related activities and any involvement in any spray activities. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Migratory waterfowl: means anatidae, or waterfowl, including brant, wild ducks, geese and swans. See Maine Revised Statutes Title 12 Sec. 10001
  • Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipal officers: means the mayor and aldermen or councillors of a city, the selectmen or councillors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
  • Municipal officers: means :  
  • A. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipality: 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
  • National certification: means a credential from a national organization or national board that evaluates the qualifications and competency of individuals to practice in a specific occupation and includes but is not limited to a credential issued following passage of an examination administered by the organization or board. See Maine Revised Statutes Title 26 Sec. 2131
  • Naturally shed: means naturally dropped from the animal without any human manipulation. See Maine Revised Statutes Title 12 Sec. 10001
  • 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
  • Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Participating community health or social service facility: means a community health or social service facility that is exempt from taxation under section 501 of the United States Internal Revenue Code and that, pursuant to this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of existing indebtedness as provided in and committed by this chapter. See Maine Revised Statutes Title 22 Sec. 2053
  • Participating health care facility: means a health care or licensed assisted living facility that, pursuant to this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of existing indebtedness as provided in and permitted by this chapter. See Maine Revised Statutes Title 22 Sec. 2053
  • Participating institution for higher education: means an institution for higher education which, pursuant to this chapter, shall undertake the financing and construction or acquisition of a project or shall undertake the refunding or refinancing of obligations or of a mortgage or of advances as provided in and permitted by this chapter. See Maine Revised Statutes Title 22 Sec. 2053
  • Participating institution providing an educational program: means an institution providing an educational program that, pursuant to this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in and permitted by this chapter. See Maine Revised Statutes Title 22 Sec. 2053
  • Person: means any individual, partnership, joint venture, corporation or other legal entity or any group of persons which acts as a tenancy in common or joint tenancy for ownership purposes and includes any government or any agency, bureau or commission thereof. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Person: means any person, partnership, association or corporation engaged or employed by a health care institution. See Maine Revised Statutes Title 22 Sec. 1862
  • Person: means any person regardless of sex, race, sexual orientation, gender identity, number of children, marital status, motive and citizenship. See Maine Revised Statutes Title 22 Sec. 1902
  • Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001
  • Petitioner: means any person who has requested a stay of a contract or grant award decision or a hearing of appeal. See Maine Revised Statutes Title 5 Sec. 1825-A
  • 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.
  • Presalvage and salvage harvesting: means the harvesting of trees vulnerable to damage. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Program: means the Health Care Employment for Military Veterans Program established in section 2132. See Maine Revised Statutes Title 26 Sec. 2131
  • Project: includes all real and personal property, lands, improvements, driveways, roads, approaches, pedestrian access roads, rights-of-way, utilities, easements and other interests in land, machinery and equipment, and all appurtenances and facilities either on, above or under the ground that are used or usable in connection with any of the structures mentioned in this paragraph, and also includes landscaping, site preparation, furniture, machinery, equipment and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended, but does not include such items as books, fuel, supplies or other items that are customarily considered as a current operating charge; and   [PL 2007, c. See Maine Revised Statutes Title 22 Sec. 2053
  • Proportional share: means the revenue received from the State during the previous 12 months, divided by the sum of revenue received from the State, 3rd party payors and patients during the corresponding 12 months. See Maine Revised Statutes Title 22 Sec. 1862
  • Public easement: means an easement held by a municipality for purposes of public access to land or water not otherwise connected to a public way, and includes all rights enjoyed by the public with respect to private ways created by statute prior to July 29, 1976. See Maine Revised Statutes Title 23 Sec. 3021
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Refinancing of existing indebtedness: means liquidation, with the proceeds of bonds or notes issued by the authority, of an indebtedness of a health care facility, an institution for higher education or a participating institution providing an educational program incurred to finance or aid in financing a lawful purpose of that health care facility, institution for higher education or participating institution providing an educational program not financed pursuant to this chapter that would constitute a project had it been undertaken and financed by the authority, or consolidation of such indebtedness with indebtedness of the authority incurred for a project related to the purpose for which the indebtedness of the health care facility, institution for higher education or participating institution providing an educational program was incurred. See Maine Revised Statutes Title 22 Sec. 2053
  • Registered apprenticeship: means an apprenticeship program registered with the Maine Apprenticeship Program in accordance with Title 26, chapter 37. See Maine Revised Statutes Title 1 Sec. 72
  • registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72
  • Renal dialysis center: means a hospital unit that is approved to furnish the full spectrum of diagnostic, therapeutic and rehabilitative services required for the care of ESRD dialysis patients, including inpatient dialysis furnished directly or under arrangement. See Maine Revised Statutes Title 22 Sec. 2041
  • Renal dialysis facility: includes a self-dialysis unit or a special-purpose renal dialysis facility. See Maine Revised Statutes Title 22 Sec. 2041
  • Rule: means a duly-adopted regulation of general applicability promulgated by the Bureau of Forestry. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Self-dialysis unit: means a unit that is part of an approved renal dialysis center or renal dialysis facility and furnishes self-dialysis services. See Maine Revised Statutes Title 22 Sec. 2041
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Special-purpose renal dialysis facility: means a renal dialysis facility that is approved to furnish dialysis at special locations on a short-term basis to a group of dialysis patients otherwise unable to obtain treatment in the geographical area. See Maine Revised Statutes Title 22 Sec. 2041
  • Spruce budworm: means the insect of the species known as Choristoneura fumiferana, Clem. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Spruce budworm timber harvesting standards: means standards for presalvage and salvage harvesting of spruce and fir stands vulnerable to and subject to spruce budworm damage. See Maine Revised Statutes Title 12 Sec. 8423-A
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
  • Town way: means :  
  • A. See Maine Revised Statutes Title 23 Sec. 3021
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Wild bird: means a species of bird wild by nature, whether or not bred or reared in captivity, as distinguished from common domestic birds, and includes any physical part of that species of bird. See Maine Revised Statutes Title 12 Sec. 10001
  • Wildlife: includes wild animals and wild birds. See Maine Revised Statutes Title 12 Sec. 10001
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.