§ 5501 Right to writ
§ 5509 Minors in armed forces entitled to writ
§ 5510 Parent or guardian of minor may have writ
§ 5511 Application for writ on behalf of another
§ 5512 Writ not available
§ 5513 Application
§ 5514 Where writ returnable; entry of judgment
§ 5515 Application; denial of writ
§ 5516 Excessive bail
§ 5517 Refusal of copy of precept; writ granted
§ 5518 Form of writ
§ 5519 Time of service, return and tender of fees
§ 5520 Production of body of restrained person; sickness
§ 5521 Examination of causes of restraint
§ 5522 Notice to interested persons before discharge
§ 5523 Proceedings in court
§ 5525 Form of writ if restraint not by officer
§ 5526 Issuance and service of writ
§ 5527 Designation of unknown person; restraining person
§ 5528 — restrained person
§ 5529 Form of return
§ 5530 Verification of returns
§ 5531 Custody of party
§ 5532 Neglect of officer to deliver copy of precept
§ 5533 Failure to serve writ; contempt
§ 5534 Attachment against sheriff; service
§ 5535 Refusal to obey writ
§ 5536 No rearrest after discharge
§ 5537 Transfer of prisoner with intent to elude service; penalty
§ 5538 Penalty no bar to action
§ 5539 Third person may appear by stipulating for costs
§ 5543 Surety bonds authorized in criminal cases
§ 5545 Habeas corpus for prisoner as witness
§ 5546 Habeas corpus for mentally ill person

Terms Used In Maine Revised Statutes > Title 14 > Part 6 > Chapter 609 - Habeas Corpus

  • Actuary: means a member of the American Academy of Actuaries who is also a member of the Society of Actuaries or the Casualty Actuarial Society and is qualified to sign a statement of actuarial opinion. See Maine Revised Statutes Title 24-A Sec. 6201
  • Acute pain: means pain that is the normal, predicted physiological response to a noxious chemical or thermal or mechanical stimulus. See Maine Revised Statutes Title 22 Sec. 7246
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administer: means an action to apply a prescription drug directly to a person by any means by a licensed or certified health care professional acting within that professional's scope of practice. See Maine Revised Statutes Title 22 Sec. 7246
  • Adult day care: means an ongoing program of health, social, maintenance and rehabilitative services available to persons needing this level of service, as determined by an assessment of their functional abilities and need for health and social services. See Maine Revised Statutes Title 22 Sec. 6202
  • Adults with long-term care needs: means adults who have physical or mental limitations which restrict their ability to carry out activities of daily living and impede their ability to live independently, or who are at risk of being placed, or who already have been placed in an institutional setting. See Maine Revised Statutes Title 22 Sec. 6202
  • Agreement: means a contract, grant or other method of payment. See Maine Revised Statutes Title 22 Sec. 6202
  • 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.
  • Authentication: means the process of verifying the identity and credentials of a person before authorizing access to prescription data. See Maine Revised Statutes Title 22 Sec. 7262
  • Authorized: means the granting of access privileges to prescription data. See Maine Revised Statutes Title 22 Sec. 7262
  • 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
  • Bereavement services: means emotional support services related to the death of a family member, including, but not limited to, counseling, provision of written material, social reorientation and group support for up to one year following the death of the client who was terminally ill. See Maine Revised Statutes Title 22 Sec. 8621
  • Bylaws: means those bylaws established by the interstate commission pursuant to section 7268 for its governance or for directing or controlling its actions and conduct. See Maine Revised Statutes Title 22 Sec. 7262
  • Care plan: means a written service delivery plan that the interdisciplinary team, in conjunction with the client, shall develop to reflect the changing care needs of the client. See Maine Revised Statutes Title 22 Sec. 8621
  • Chronic pain: means pain that persists beyond the usual course of an acute disease or healing of an injury. See Maine Revised Statutes Title 22 Sec. 7246
  • Client: means the person who is receiving the hospice services. See Maine Revised Statutes Title 22 Sec. 8621
  • commission: means the Interstate Prescription Monitoring Program Commission created pursuant to section 7266. See Maine Revised Statutes Title 22 Sec. 7262
  • Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Commissioner: means the voting representative appointed by each member state pursuant to section 7266. See Maine Revised Statutes Title 22 Sec. 7262
  • Community-based program: means a program of adult day care offered outside of a long-term health care facility and which meets the licensing and program standards of the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 6202
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuing care: means furnishing shelter for the life of the individual or for a period in excess of one year and either health care, supportive services, or both, under an agreement requiring prepayment as defined in subsection 12, whether or not the shelter and services are provided at the same location, to 3 or more older individuals not related by blood or marriage to the providers. See Maine Revised Statutes Title 24-A Sec. 6201
  • Continuing care agreement: means the contract or contracts which create the obligation to provide continuing care, including, but not limited to, mutually terminable contracts. See Maine Revised Statutes Title 24-A Sec. 6201
  • Controlled substance: means a controlled substance included in schedules II, III or IV of 21 United States Code § 812 or 21 C. See Maine Revised Statutes Title 22 Sec. 7246
  • Council: means the Maine Hospice Council established by section 8611. See Maine Revised Statutes Title 22 Sec. 8621
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 24-A Sec. 6201
  • Direct service provider: means employees or volunteers who provide hospice services directly to a client. See Maine Revised Statutes Title 22 Sec. 8621
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispenser: means :
A. See Maine Revised Statutes Title 22 Sec. 7246
  • Entrance fee: means an initial payment of a sum of money or any other consideration that assures a subscriber a place in a facility for a term of years or for life. See Maine Revised Statutes Title 24-A Sec. 6201
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Facility: means a physical plant in which continuing care is provided in accordance with this chapter. See Maine Revised Statutes Title 24-A Sec. 6201
  • Family: means a spouse, primary caregiver, biological relatives and individuals with close personal ties to the client. See Maine Revised Statutes Title 22 Sec. 8621
  • Fiscal year: means the provider's fiscal year. See Maine Revised Statutes Title 24-A Sec. 6201
  • 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.
  • Fund: means the Controlled Substances Prescription Monitoring Program Fund established in section 7247. See Maine Revised Statutes Title 22 Sec. 7246
  • Governing body: means the entity that establishes policy and is legally responsible for the overall operation of a hospice program. See Maine Revised Statutes Title 22 Sec. 8621
  • 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: means the provision of any one or more of the following services:
  • A. See Maine Revised Statutes Title 24-A Sec. 6201
  • Home health services: means those services performed by home health care providers required to be licensed under Title 22, chapter 419. See Maine Revised Statutes Title 24-A Sec. 6201
  • Hospice philosophy: means a philosophy of palliative care for individuals and families during the process of dying and bereavement. See Maine Revised Statutes Title 22 Sec. 8621
  • hospice provider: means a distinct, clearly recognizable entity that exists to provide hospice services. See Maine Revised Statutes Title 22 Sec. 8621
  • Hospice services: means a range of interdisciplinary services provided on a 24-hours-a-day, 7-days-a-week basis to a person who is terminally ill and that person's family. See Maine Revised Statutes Title 22 Sec. 8621
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • interdisciplinary team: means a group comprised of at least a medical director, a licensed nurse, a licensed social worker, a pastoral or other counselor and a volunteer coordinator or representative. See Maine Revised Statutes Title 22 Sec. 8621
  • 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.
  • Long-term health care facilities: means intermediate care and skilled nursing facilities and units, licensed pursuant to chapter 405. See Maine Revised Statutes Title 22 Sec. 6202
  • Maintenance fee: means any fee which a subscriber is required to pay to the provider on a regular basis to cover the cost of shelter, health care or supportive services, or any combination thereof, provided to the subscriber. See Maine Revised Statutes Title 24-A Sec. 6201
  • Medical director: means a licensed physician who oversees the medical components of hospice services and serves on the interdisciplinary team. See Maine Revised Statutes Title 22 Sec. 8621
  • Member state: means any state that has adopted a prescription monitoring program and has enacted the enabling compact legislation. See Maine Revised Statutes Title 22 Sec. 7262
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • National Association of Insurance Commissioners: means the National Association of Insurance Commissioners or its successor organization of insurance regulators. See Maine Revised Statutes Title 24-A Sec. 15
  • Nurse supervisor: means a licensed registered nurse with education, experience and training in hospice nursing care who is designated by the program director to oversee nursing services for the hospice program. See Maine Revised Statutes Title 22 Sec. 8621
  • Operational facility: means a facility for which the provider has obtained a final certificate of authority from the superintendent and 60% of the residential units are occupied by subscribers. See Maine Revised Statutes Title 24-A Sec. 6201
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Practitioner: means a person licensed, registered or otherwise permitted to prescribe or dispense a prescription drug. See Maine Revised Statutes Title 22 Sec. 7262
  • Preliminary marketing: means , for the purpose of evaluating market demand for a proposed facility:
  • A. See Maine Revised Statutes Title 24-A Sec. 6201
  • Prepayment: means funding shelter, supportive services or health care entirely or in part by entrance fees or by maintenance fees paid more than one year prior to the time the shelter or service is rendered. See Maine Revised Statutes Title 24-A Sec. 6201
  • Prescriber: means a licensed health care professional with authority to prescribe controlled substances. See Maine Revised Statutes Title 22 Sec. 7246
  • Prescription data: means data transmitted by a prescription monitoring program that contains patient, prescriber, dispenser and prescription drug information. See Maine Revised Statutes Title 22 Sec. 7262
  • Prescription drug: means any drug required to be reported to a state prescription monitoring program and includes but is not limited to substances listed in the federal Controlled Substances Act. See Maine Revised Statutes Title 22 Sec. 7262
  • Prescription monitoring information: means information submitted to and maintained by the program. See Maine Revised Statutes Title 22 Sec. 7246
  • Prescription monitoring program: means a program that collects, manages, analyzes and provides prescription data under the auspices of a state. See Maine Revised Statutes Title 22 Sec. 7262
  • Primary physician: means the physician identified by the client or by the person authorized to make decisions for the client pursuant to a durable health care power of attorney. See Maine Revised Statutes Title 22 Sec. 8621
  • Probate: Proving a will
  • Program: means the Controlled Substances Prescription Monitoring Program established under section 7248. See Maine Revised Statutes Title 22 Sec. 7246
  • Program director: means the person designated by the governing body of a hospice program as responsible for the day-to-day operations of the program. See Maine Revised Statutes Title 22 Sec. 8621
  • Provider: means the owner of an institution, building, residence or other place, whether operated for profit or not, in which the owner undertakes to provide continuing care. See Maine Revised Statutes Title 24-A Sec. 6201
  • Provider: means any facility or program which meets the licensing and program standards of the department. See Maine Revised Statutes Title 22 Sec. 6202
  • Quorum: The number of legislators that must be present to do business.
  • Records: means the financial and other information and personnel data maintained by the provider for the proper operation of the facility pursuant to this chapter. See Maine Revised Statutes Title 24-A Sec. 6201
  • Requestor: means a person authorized by a member state who has initiated a request for prescription data. See Maine Revised Statutes Title 22 Sec. 7262
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residential unit: means an apartment, room or other area within a facility set aside for the exclusive and independent living use of one or more identified subscribers. See Maine Revised Statutes Title 24-A Sec. 6201
  • Rule: includes the amendment, repeal or suspension of an existing rule. See Maine Revised Statutes Title 22 Sec. 7262
  • 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.
  • State: means any state, commonwealth, district or territory of the United States. See Maine Revised Statutes Title 22 Sec. 7262
  • Subscriber: means a purchaser or beneficiary of a continuing care agreement. See Maine Revised Statutes Title 24-A Sec. 6201
  • Superintendent: means the Superintendent of Insurance. See Maine Revised Statutes Title 24-A Sec. 6201
  • Supportive services: means providing assistance in the activities of daily living or other social services, or both. See Maine Revised Statutes Title 24-A Sec. 6201
  • Technology infrastructure: means the design, deployment and use of both individual technology-based components and the systems of such components to facilitate the transmission of information and prescription data among member states. See Maine Revised Statutes Title 22 Sec. 7262
  • 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.
  • Terminally ill: means that a person has a limited life expectancy in the opinion of the person's primary physician or the medical director. See Maine Revised Statutes Title 22 Sec. 8621
  • Testify: Answer questions in court.
  • Transmission: means the release, transfer, provision or disclosure of information or prescription data among member states. See Maine Revised Statutes Title 22 Sec. 7262
  • Volunteer: means a trained individual who works for a hospice program without compensation. See Maine Revised Statutes Title 22 Sec. 8621
  • Volunteer hospice program: means a hospice program that provides all direct patient care at no charge. See Maine Revised Statutes Title 22 Sec. 8621