Maine Revised Statutes > Title 14 > Part 7 > Chapter 725 – Real Actions
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Terms Used In Maine Revised Statutes > Title 14 > Part 7 > Chapter 725 - Real Actions
- Account: means any one of the 3 accounts created under section 4606. See Maine Revised Statutes Title 24-A Sec. 4605-A
- Account wagering provider: means a business entity that offers advance deposit wagering on a horse race that is not a commercial track or an off-track betting facility licensed under section 275?D. See Maine Revised Statutes Title 8 Sec. 1001
- Act: means the Animal Welfare Act. See Maine Revised Statutes Title 7 Sec. 3907
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Advance deposit wagering: means a form of pari-mutuel wagering on horse races in which a person places a wager in person or by telephone, Internet, mobile device or other electronic communication. See Maine Revised Statutes Title 8 Sec. 1001
- Advance deposit wagering licensee: means a person that is licensed by the board pursuant to subchapter 7 to conduct advance deposit wagering. See Maine Revised Statutes Title 8 Sec. 1001
- 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.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Animal: means a dog, wholly of the species canis familiaris, or a cat, wholly or in part of the species felis domesticus. See Maine Revised Statutes Title 7 Sec. 4151
- Animal: means every living, sentient creature not a human being. See Maine Revised Statutes Title 7 Sec. 3907
- Animal control: means control of dogs, cats, and domesticated or undomesticated animals in accordance with section 3948. See Maine Revised Statutes Title 7 Sec. 3907
- Animal control officer: means the person appointed periodically by a municipality pursuant to chapter 725. See Maine Revised Statutes Title 7 Sec. 3907
- Animal feeding operation: means a lot or facility where animals are confined and fed for a total of at least 45 days in a 12-month period. See Maine Revised Statutes Title 7 Sec. 4201
- Animal rescue entity: means a nonprofit organization having tax-exempt status under the United States Internal Revenue Code, Section 501(c)(3) whose mission and practice is, in whole or in significant part, the rescue and placement into permanent homes of animals and that does not breed animals. See Maine Revised Statutes Title 7 Sec. 4151
- Animal shelter: means a:
A. See Maine Revised Statutes Title 7 Sec. 3907Animal unit: means 1,000 pounds of animal body weight. See Maine Revised Statutes Title 7 Sec. 4201 Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Applicant: means a person who has submitted an application for a license. See Maine Revised Statutes Title 8 Sec. 1001 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 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Associated equipment: means any mechanical, electromechanical or electronic component part or machine that is used, or intended for use, in a slot machine or table game and that affects the outcome of the game or that is involved in the handling of money, tokens, credits or similar objects or things of value used to play a slot machine or table game or the calculation of or distribution of payoffs of the slot machine or table game. See Maine Revised Statutes Title 8 Sec. 1001 Association: means the Maine Life and Health Insurance Guaranty Association created under section 4606. See Maine Revised Statutes Title 24-A Sec. 4605-A Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. authorized: when used in the context of assessments means that a resolution by the board of directors of the association has been passed whereby an assessment will be called immediately or in the future from member insurers for a specified amount; an assessment is authorized when the resolution is passed. See Maine Revised Statutes Title 24-A Sec. 4605-A Average wholesale price: means the average wholesale price of a prescription drug as identified by a national drug pricing source selected by a health insurer. See Maine Revised Statutes Title 24-A Sec. 4347 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. Basic necessities: means food, potable water, clothing, shelter, fuel, electricity, nonelective medical services as recommended by a physician, nonprescription drugs, telephone where it is necessary for medical reasons and any other commodity or service determined essential by the overseer in accordance with the municipality's ordinance and this chapter. See Maine Revised Statutes Title 22 Sec. 4301 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 Benefit plan: means a specific employee, union or association of natural persons benefit plan. See Maine Revised Statutes Title 24-A Sec. 4605-A Board: means the Nutrient Management Review Board established in section 4203. See Maine Revised Statutes Title 7 Sec. 4201 Board: means the Gambling Control Board established under section 1002. See Maine Revised Statutes Title 8 Sec. 1001 Board of directors: means the board of directors of the association. See Maine Revised Statutes Title 24-A Sec. 4605-A Breeder: means a person, firm, partnership, corporation or association that breeds animals for direct or indirect sale to the public. See Maine Revised Statutes Title 7 Sec. 4151 Breeding kennel: means a location where 5 or more adult female dogs or cats capable of breeding are kept and some or all of the offspring are offered for sale, sold or exchanged for value or a location where more than 16 dogs or cats raised on the premises are sold to the public in a 12-month period. See Maine Revised Statutes Title 7 Sec. 3907 Business organization: means a partnership, incorporated or unincorporated association, firm, corporation, limited liability company, trust or other form of business or legal entity other than a financial institution regulated by a state or federal agency that is not exercising control over a licensee. See Maine Revised Statutes Title 8 Sec. 1001 called: when used in the context of assessments means that a notice has been issued by the association to member insurers requiring that an authorized assessment be paid within the time frame set forth within the notice; an authorized assessment becomes a called assessment when notice is mailed by the association to member insurers. See Maine Revised Statutes Title 24-A Sec. 4605-A Casino: means a facility licensed in accordance with this chapter, where gambling activities occur, including, but not limited to, the operation of slot machines and table games. See Maine Revised Statutes Title 8 Sec. 1001 Casino operator: means a person who is licensed under this chapter to operate a casino. See Maine Revised Statutes Title 8 Sec. 1001 Cat: means a member of the genus and species known as Felis catus. See Maine Revised Statutes Title 7 Sec. 3907 Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agent. See Maine Revised Statutes Title 7 Sec. 3907 Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process. 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. Compensation: means any direct or indirect financial benefit, including, but not limited to, rebates, discounts, credits, fees, grants, charge?backs or other payments or benefits of any kind. See Maine Revised Statutes Title 24-A Sec. 4347 Compliance with a support order: means that the support obligor has obtained or maintained health insurance coverage if required by a support order and is:
(1) No more than 60 days in arrears in making any of the following payments:
(a) Payments in full for current support;
(b) Periodic payments on a support arrearage pursuant to a written agreement with the Department of Health and Human Services; and
(c) Periodic payments as set forth in a support order; and
(2) No more than 30 days in arrears in making payments as described in subparagraph (1) if the obligor has been in arrears for more than 30 days in making payments as described in subparagraph (1) at least 2 times within the past 24 months. See Maine Revised Statutes Title 12 Sec. 10901Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Contractual obligation: means an obligation under a policy or contract or certificate under a group policy or contract, or portion thereof, for which coverage is provided under section 4603. See Maine Revised Statutes Title 24-A Sec. 4605-A Control: means the power to exercise authority over or direct the management or policies of a person. See Maine Revised Statutes Title 8 Sec. 1001 Conviction: A judgement of guilt against a criminal defendant. Coordinated community program: means a system for providing all necessary social services in a manner designed to:
A. See Maine Revised Statutes Title 22 Sec. 5114Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Counterclaim: A claim that a defendant makes against a plaintiff. Covered person: includes the authorized representative of a covered person. See Maine Revised Statutes Title 24-A Sec. 4347 covered policy or contract: means a policy or contract or portion of a policy or contract for which coverage is provided under section 4603. See Maine Revised Statutes Title 24-A Sec. 4605-A Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Department: means the Department of Public Safety. See Maine Revised Statutes Title 8 Sec. 1001 Dependent: A person dependent for support upon another. Direct costs: means the total value of general assistance benefits paid out by a municipality that is in compliance with this chapter and the municipality's general assistance ordinance. See Maine Revised Statutes Title 22 Sec. 4301 Director: means the executive director of the board. See Maine Revised Statutes Title 8 Sec. 1001 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Dispensing fee: means the professional fee incurred at the point of sale or service that pays for pharmacy costs, in excess of ingredient cost, associated with ensuring that possession of the appropriate prescription drug is transferred to a covered person. See Maine Revised Statutes Title 24-A Sec. 4347 Distribute: means to sell, lease, license, place or otherwise make available for use in the State or to transport into the State for the purpose of selling, leasing, licensing, placing or otherwise making available for use in the State. See Maine Revised Statutes Title 8 Sec. 1001 Docket: A log containing brief entries of court proceedings. Dog: means a member of the genus and species known as canis familiaris, except that in chapters 720, 721, 725, 727, 729 and 739 "dog" means a member of the genus and species known as canis familiaris or any canine, regardless of generation, resulting from the interbreeding of a member of canis familiaris with a wolf hybrid. See Maine Revised Statutes Title 7 Sec. 3907 Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72 Dower: A widow Electronic table game: means a game approved by the board that is played in an electronic or electromechanical format that replicates a table game by incorporating all or part of the characteristics of the game. See Maine Revised Statutes Title 8 Sec. 1001 Eligible person: means a person who is qualified to receive general assistance from a municipality according to standards of eligibility determined by the municipal officers whether or not that person has applied for general assistance. See Maine Revised Statutes Title 22 Sec. 4301 Emergency: means any life threatening situation or a situation beyond the control of the individual which, if not alleviated immediately, could reasonably be expected to pose a threat to the health or safety of a person. See Maine Revised Statutes Title 22 Sec. 4301 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Equine: means a horse, pony, mule, donkey or hinny. See Maine Revised Statutes Title 7 Sec. 4101 Equine activity: includes but is not limited to the following:
A. See Maine Revised Statutes Title 7 Sec. 4101Equine activity sponsor: means an individual, group, club, partnership, corporation or other entity, whether operating for profit or nonprofit, that sponsors, organizes or provides the facilities for an equine activity, including, but not limited to: pony clubs; 4-H clubs; field trial clubs; hunt clubs; riding clubs; classes or programs sponsored by a school or college; therapeutic riding programs; and operators, instructors and promoters of equine facilities at which equine activities are held, including, but not limited to, stables, clubhouses, ponyride strings, fairs and arenas. See Maine Revised Statutes Title 7 Sec. 4101 Equine event: means an event in which an equine activity occurs, including, but not limited to, fairs, competitions, performances or parades that involve any breed of equine and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, 3-day events, combined training, 4-H events, Pony Club events, rodeos, driving, pulling, cutting, reining, team penning, barrel racing, polo, steeplechasing, endurance or nonendurance trail riding, English and western performance riding, games, packing, recreational riding and hunting. See Maine Revised Statutes Title 7 Sec. 4101 Equine professional: means a person engaged for compensation:
A. See Maine Revised Statutes Title 7 Sec. 4101Equitable: 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 Executor: A male person named in a will to carry out the decedent Extra-contractual claims: includes , for example, claims relating to bad faith in the payment of claims, punitive or exemplary damages or attorney's fees and costs. See Maine Revised Statutes Title 24-A Sec. 4605-A Farm nutrient: means a substance or recognized plant nutrient, element or compound that is used or sold for its plant nutritive content or its claimed nutritive value for use in growing crops. See Maine Revised Statutes Title 7 Sec. 4201 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 Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. 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 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 Formulary: means a list of prescription drugs covered by a health plan and any tier levels applicable to a prescription drug. See Maine Revised Statutes Title 24-A Sec. 4347 Fraud: Intentional deception resulting in injury to another. Gambling activity: means off-track betting, pari-mutuel wagering at a race track, high-stakes beano, beano, games of chance or slot machine or table game operation. See Maine Revised Statutes Title 8 Sec. 1001 Gambling facility: means a race track, off-track betting facility, high-stakes beano or beano facility, game of chance facility, slot machine facility or casino. See Maine Revised Statutes Title 8 Sec. 1001 Gambling services: means any goods or services provided to an operator licensed under this chapter or at a gambling facility that are used directly in connection with the operation of a slot machine or table game, including, but not limited to, associated equipment, maintenance, security services or junket services, and excluding slot machine or table game distribution by a slot machine distributor or table game distributor. See Maine Revised Statutes Title 8 Sec. 1001 Gambling services vendor: means a person who is licensed under this chapter to provide gambling services. See Maine Revised Statutes Title 8 Sec. 1001 Gaming employee: means any person connected directly with a gambling facility, including cashiers, change personnel, counting room personnel, hosts, persons who extend credit or offer complimentary services, machine mechanics, security personnel, supervisors or managers. See Maine Revised Statutes Title 8 Sec. 1001 General assistance program: means a service administered by a municipality for the immediate aid of persons who are unable to provide the basic necessities essential to maintain themselves or their families. See Maine Revised Statutes Title 22 Sec. 4301 Generic drug: includes a biosimilar product. See Maine Revised Statutes Title 24-A Sec. 4347 Germane: On the subject of the pending bill or other business; a strict standard of relevance. Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72 Gross advance deposit wagers: means the total amount of wagers placed by residents of this State by means of advance deposit wagering before payment of money to winning residents of this State. See Maine Revised Statutes Title 8 Sec. 1001 Gross slot machine income: means the total value of money, tokens, credits or similar objects or things of value used to actually play a slot machine before payback is distributed to a player. See Maine Revised Statutes Title 8 Sec. 1001 Gross table game income: means the total value of money, tokens, credits or similar objects or things of value used to actually play a table game before payback is distributed to a player. See Maine Revised Statutes Title 8 Sec. 1001 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. 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 health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704 Health problem: means any disease, illness or any congenital or hereditary condition that would impair the health or function of an animal. See Maine Revised Statutes Title 7 Sec. 4151 High-stakes beano: means the activity authorized in Title 17, section 314?A. See Maine Revised Statutes Title 8 Sec. 1001 Holding company: means any company that directly or indirectly owns or has the power or right to control a company that holds or applies for a slot machine operator license or a slot machine distributor license, except that a company that has a beneficial ownership of more than 10% of the voting securities of a publicly traded corporation is not a holding company. See Maine Revised Statutes Title 8 Sec. 1001 Homelessness: means a situation in which a person or household is:
A. See Maine Revised Statutes Title 22 Sec. 4301Household: means an individual or a group of individuals who share a dwelling unit. See Maine Revised Statutes Title 22 Sec. 4301 Humane agent: means an employee of the department who assists in enforcing this Part. See Maine Revised Statutes Title 7 Sec. 3907 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 Hunter orange: means a daylight fluorescent orange color with a dominant wave length between 595 and 605 nanometers, excitation purity not less than 85% and luminance factor of not less than 40%. See Maine Revised Statutes Title 12 Sec. 10001 Immediate family: means spouse, parents and children. See Maine Revised Statutes Title 8 Sec. 1001 Impaired insurer: means a member insurer that, after the effective date of this section, is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. See Maine Revised Statutes Title 24-A Sec. 4605-A Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. Income: means any form of income in cash or in kind received by the household, including net remuneration for services performed, cash received on either secured or unsecured credit, any payments received as an annuity, retirement or disability benefits, veterans' pensions, workers' compensation, unemployment benefits, benefits under any state or federal categorical assistance program, supplemental security income, social security and any other payments from governmental sources, unless specifically prohibited by any law or regulation, court ordered support payments, income from pension or trust funds, household income from any other source, including relatives or unrelated household members and any benefit received pursuant to Title 36, chapter 907, Title 36, section 5219?II and Title 36, section 5219?KK, unless used for basic necessities as defined in section 4301, subsection 1. See Maine Revised Statutes Title 22 Sec. 4301 Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Ingredient cost: means the actual amount paid to a pharmacy provider by a carrier or the carrier's pharmacy benefits manager for a prescription drug, not including the dispensing fee or cost?sharing amount. See Maine Revised Statutes Title 24-A Sec. 4347 Inhabitant: means a person having an established residence in a place. See Maine Revised Statutes Title 1 Sec. 72 Inherent risks of equine activities: means those dangers and conditions that are an integral part of equine activities, including, but not limited to:
A. See Maine Revised Statutes Title 7 Sec. 4101Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Insolvent insurer: means a member insurer that, after the effective date of this section, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See Maine Revised Statutes Title 24-A Sec. 4605-A 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 Intermediary company: means a company that is a holding company of a company that applies for a slot machine operator license or a slot machine distributor license or is a subsidiary of a holding company of a company that applies for a slot machine operator license or a slot machine distributor license. See Maine Revised Statutes Title 8 Sec. 1001 Junket services: means an arrangement to facilitate the attendance at a gambling facility of customers selected by reason of their propensity to gamble by providing to those customers any consideration, including cash, credits or rebates or reduced charges for goods or services such as transportation, lodging, food, beverages or entertainment. See Maine Revised Statutes Title 8 Sec. 1001 Juror: A person who is on the jury. Just cause: means a valid, verifiable reason that hinders an individual in complying with one or more conditions of eligibility. See Maine Revised Statutes Title 22 Sec. 4301 Keeper: means a person in possession or control of a dog or other animal. See Maine Revised Statutes Title 7 Sec. 3907 Kennel: means 5 or more dogs kept in a single location under one ownership for breeding, hunting, show, training, field trials, sledding, competition or exhibition purposes. See Maine Revised Statutes Title 7 Sec. 3907 Key executive: means any executive of a licensee having power to exercise a significant influence over decisions concerning the operation or distribution of slot machines, table games or gambling services. See Maine Revised Statutes Title 8 Sec. 1001 Landlord: means a person who owns a property and allows another person to use that property in return for payment. See Maine Revised Statutes Title 22 Sec. 4301 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 enforcement officer: means any person who, by virtue of the person's public employment, is vested by law with a duty to maintain public order, enforce any law of this State establishing a civil violation, prosecute offenders or make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 7 Sec. 3907 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. License: means a license issued by the board under this chapter. See Maine Revised Statutes Title 8 Sec. 1001 Licensee: means a person granted a license under this chapter. See Maine Revised Statutes Title 8 Sec. 1001 Lien: A claim against real or personal property in satisfaction of a debt. Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant). Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Livestock: means cattle; equines; sheep; goats; swine; domesticated cervids, fowl and rabbits; members of the family Camelidae, genus lama and genus vicugna; bison; and ratites. See Maine Revised Statutes Title 7 Sec. 3907 Lump sum payment: means a one-time or typically nonrecurring sum of money issued to an applicant or recipient. See Maine Revised Statutes Title 22 Sec. 4301 Mail order pharmacy: means a pharmacy whose primary business is to receive prescriptions by mail, by fax or through electronic submissions and to dispense medication to covered persons through the use of the United States mail or other common or contract carrier services and that provides any consultation with patients electronically rather than face to face. See Maine Revised Statutes Title 24-A Sec. 4347 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Maximum allowable cost: means the maximum amount a health insurer will pay for a generic drug or brand?name drug that has at least one generic alternative available. See Maine Revised Statutes Title 24-A Sec. 4347 Member insurer: means an insurer or health maintenance organization that is licensed or that holds a certificate of authority to transact in this State any kind of insurance, annuity or health maintenance organization business for which coverage is provided under section 4603 and includes an insurer or health maintenance organization whose license or certificate of authority in this State may have been suspended, revoked, not renewed or voluntarily withdrawn, but does not include:
A. See Maine Revised Statutes Title 24-A Sec. 4605-AMigratory 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. 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. Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Municipality: means an organized city, town or plantation. See Maine Revised Statutes Title 7 Sec. 3907 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Municipality of responsibility: means the municipality which is liable for the support of any eligible person at the time of application. See Maine Revised Statutes Title 22 Sec. 4301 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 Need: means the condition whereby a person's income, money, property, credit, assets or other resources available to provide basic necessities for the individual and the individual's family are less than the maximum levels of assistance established by the municipality. See Maine Revised Statutes Title 22 Sec. 4301 Net general assistance costs: means those direct costs incurred by a municipality in providing assistance to eligible persons according to standards established by the municipal officers and does not include the administrative expenses of the general assistance program. See Maine Revised Statutes Title 22 Sec. 4301 Net slot machine income: means money, tokens, credits or similar objects or things of value used to play a slot machine minus money, credits or prizes paid out to winners and amounts paid pursuant to section 1036, subsection 1. See Maine Revised Statutes Title 8 Sec. 1001 Net table game income: means money, tokens, credits or similar objects or things of value used to play a table game minus money, credits or prizes paid out to winners. See Maine Revised Statutes Title 8 Sec. 1001 Network pharmacy: means a licensed retail pharmacy or other pharmacy provider that contracts with a pharmacy benefits manager. See Maine Revised Statutes Title 24-A Sec. 4347 Nongambling services: means any goods or services, other than gambling services and slot machine or table game distribution by a slot machine distributor or table game distributor, provided to an operator licensed under this chapter or at a gambling facility, including, but not limited to, hotel concessions, restaurant concessions or food service. See Maine Revised Statutes Title 8 Sec. 1001 Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001 Nutrient management plan: means a written document that outlines how farm nutrients are stored, managed and utilized on the farm for which the plan is written. See Maine Revised Statutes Title 7 Sec. 4201 Offer for sale: means to sell, offer to transfer, offer for adoption, advertise for sale, barter, auction, give away or otherwise dispose of an animal. See Maine Revised Statutes Title 7 Sec. 4151 Operate: means to offer for use. See Maine Revised Statutes Title 8 Sec. 1001 Operator: means a person or entity who owns or controls, or who has operational responsibility for, a roller-skating rink. See Maine Revised Statutes Title 8 Sec. 604 Operator: means the lawful owner of a recovery residence or an individual or company designated by the lawful owner to have primary responsibility for the day-to-day operations of the recovery residence and for acquiring and maintaining certification pursuant to Title 5, section 20005, subsection 22 of the recovery residence in order to receive housing assistance payments through the general assistance program. See Maine Revised Statutes Title 22 Sec. 4301 Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 12 Sec. 10001 Overseer: means an official designated by a municipality to administer a general assistance program. See Maine Revised Statutes Title 22 Sec. 4301 Owner: means a person owning, keeping or harboring a dog or other animal. See Maine Revised Statutes Title 7 Sec. 3907 Owner: means a person who owns or controls, directly or indirectly, 10% or more of a business organization. See Maine Revised Statutes Title 8 Sec. 1001 Pari-mutuel facility: means a location at which a person is licensed under chapter 11 to accept pari-mutuel wagers on horse races. See Maine Revised Statutes Title 8 Sec. 1001 Participant: means a person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity. See Maine Revised Statutes Title 7 Sec. 4101 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Payback percentage: means the percentage of the total value of money or tokens, credits or similar objects or things of value used to play a slot machine that is returned to players of that slot machine as winnings, prizes or credits. See Maine Revised Statutes Title 8 Sec. 1001 Person: means an individual, corporation, partnership, association or any other legal entity. See Maine Revised Statutes Title 7 Sec. 3907 Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Person: means an individual or a business organization. See Maine Revised Statutes Title 8 Sec. 1001 Person: means an individual, corporation, limited liability company, partnership, association, governmental body or entity or voluntary organization. See Maine Revised Statutes Title 24-A Sec. 4605-A Personal property: All property that is not real property. Pet: means a dog, cat or other domesticated animal commonly kept as a companion, but does not include tamed animals that are ordinarily considered wild animals or livestock. See Maine Revised Statutes Title 7 Sec. 3907 Pet shop: means a place or vehicle in or on which any dogs, cats, rodents, reptiles, fish, pet birds, exotic birds or exotic animals not born and raised on those premises are kept for the purpose of sale to the public. See Maine Revised Statutes Title 7 Sec. 3907 Pharmacy: means an established location, either physical or electronic, that is licensed by the State and that has entered into a network pharmacy contract with a pharmacy benefits manager or carrier. See Maine Revised Statutes Title 24-A Sec. 4347 Pharmacy and therapeutics committee: means a committee, board or equivalent body established by a carrier to develop and maintain formularies. See Maine Revised Statutes Title 24-A Sec. 4347 Pharmacy benefits manager: means a person, business or other entity that, pursuant to a contract or under an employment relationship with a carrier, a self?insurance plan or other 3rd?party payer, either directly or through an intermediary, manages the prescription drug coverage provided by the carrier, self?insurance plan or other 3rd?party payer, including, but not limited to, processing and paying claims for prescription drugs, performing drug utilization review, processing drug prior authorization requests, adjudicating appeals or grievances related to prescription drug coverage, contracting with network pharmacies and controlling the cost of covered prescription drugs. See Maine Revised Statutes Title 24-A Sec. 4347 Pharmacy provider: means a retail pharmacy, mail order pharmacy or licensed pharmacist. See Maine Revised Statutes Title 24-A Sec. 4347 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. Premiums: means amounts or considerations by whatever name called received on covered policies or contracts less returned premiums, considerations and deposits and less dividends and experience credits. See Maine Revised Statutes Title 24-A Sec. 4605-A Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. 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 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Promotional credit: means any noncashable electronic thing of value used solely to play a slot machine that is provided by a slot machine operator or a casino operator to customers and approved by the Gambling Control Board. See Maine Revised Statutes Title 8 Sec. 1001 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Publicly traded corporation: means a company that is an issuer subject to Section 15(d) of the Securities Exchange Act of 1934, as amended, 15 United States Code § 780 or applicable foreign laws or has one or more of the following:
A. See Maine Revised Statutes Title 8 Sec. 1001Quorum: The number of legislators that must be present to do business. Real estate: means any land, buildings, homes, mobile homes and any other things affixed to that land. See Maine Revised Statutes Title 22 Sec. 4301 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 Receivership court: means the court in the impaired or insolvent insurer's state having jurisdiction over the conservation, rehabilitation or liquidation of the insurer. See Maine Revised Statutes Title 24-A Sec. 4605-A Registration: means an approval or board action that authorizes a company to be a holding company of a company that holds or applies for a slot machine operator license, a casino operator license, a slot machine distributor license or a table game distributor license or of other persons required to be licensed under this chapter. See Maine Revised Statutes Title 8 Sec. 1001 Regulated residual: means a residual regulated by the Department of Environmental Protection pursuant to Title 38, chapter 13 that is used primarily for its nitrogen and phosphorous value as determined by the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 4201 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired. 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. 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. 10001Resident: means a person to whom a contractual obligation is owed and who resides in this State on the date of entry of a court order that determines a member insurer to be an impaired insurer or a court order that determines a member insurer to be an insolvent insurer, whichever occurs first. See Maine Revised Statutes Title 24-A Sec. 4605-A Residual: means any material generated as a byproduct of a nonagricultural production or treatment process that has value as a source of crop nutrients or soil amendment. See Maine Revised Statutes Title 7 Sec. 4201 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Retail pharmacy: means a chain pharmacy, a supermarket pharmacy, a mass merchandiser pharmacy, an independent pharmacy or a network of independent pharmacies that is licensed as a pharmacy by this State and that dispenses medications to the public. See Maine Revised Statutes Title 24-A Sec. 4347 Roller-skating rink: means a building, facility or premises that provides an area used for roller skating. See Maine Revised Statutes Title 8 Sec. 604 Seller: includes animal dealers required to be licensed by the United States Department of Agriculture. See Maine Revised Statutes Title 7 Sec. 4151 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. Skater: means a person in a roller-skating rink for the purpose of skating. See Maine Revised Statutes Title 8 Sec. 604 Slot machine: means any mechanical, electrical or electronic device, contrivance or machine or other device, contrivance or machine that is available to play upon insertion of money or a token, credit or similar object or thing of value, the play of which by the element of chance may deliver or entitle the person playing the device, contrivance or machine to receive cash, tokens or credits to be exchanged for cash, merchandise or anything of value, whether the payoff is made automatically from the device, contrivance or machine or in any other manner, and includes progressive electronic gaming devices with a payoff that increases as the electronic gaming device is played. See Maine Revised Statutes Title 8 Sec. 1001 Slot machine distributor: means a person who is licensed under this chapter to distribute slot machines and associated equipment for use in the State. See Maine Revised Statutes Title 8 Sec. 1001 Slot machine facility: means a facility, not including a casino, at which a slot machine operator operates slot machines. See Maine Revised Statutes Title 8 Sec. 1001 Slot machine operator: means a person, not including a casino operator, who is licensed under this chapter to operate slot machines and associated equipment in the State. See Maine Revised Statutes Title 8 Sec. 1001 Social services: means any of the following services that meet such standards as the commissioner may prescribe:
A. See Maine Revised Statutes Title 22 Sec. 5114Spectator: means a person who is in the vicinity of an equine activity but who is not a participant. See Maine Revised Statutes Title 7 Sec. 4101 State: means a state, the District of Columbia, Puerto Rico or a United States possession, territory or protectorate. See Maine Revised Statutes Title 24-A Sec. 4605-A Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Stray: means off the owner's premises and not under the control of a person. See Maine Revised Statutes Title 7 Sec. 3907 Structured settlement annuity: means an annuity purchased in order to fund periodic payments for a plaintiff or other claimant in payment for or with respect to personal injury suffered by the plaintiff or other claimant. See Maine Revised Statutes Title 24-A Sec. 4605-A Subpoena: A command to a witness to appear and give testimony. Subsidiary: means any corporation or company, all or any part of whose outstanding equity securities are owned, subject to a power or right of control, or held, with power to vote, by a holding company or intermediary company. See Maine Revised Statutes Title 8 Sec. 1001 Summons: Another word for subpoena used by the criminal justice system. Supplemental contract: means a written agreement entered into for the distribution of proceeds under a life, health or annuity policy or contract. See Maine Revised Statutes Title 24-A Sec. 4605-A Support order: means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief. See Maine Revised Statutes Title 12 Sec. 10901 Table game: means a card game, dice game or other game of chance, including, but not limited to, blackjack, poker, dice, craps, roulette, baccarat, money wheels, wheel of fortune or an electronic table game located in a casino. See Maine Revised Statutes Title 8 Sec. 1001 Table game distributor: means a person who is licensed under this chapter to distribute table games and associated equipment for use in the State. See Maine Revised Statutes Title 8 Sec. 1001 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Trap: means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare. See Maine Revised Statutes Title 12 Sec. 10001 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. Unallocated annuity contract: means an annuity contract or group annuity certificate that is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under the contract or certificate. See Maine Revised Statutes Title 24-A Sec. 4605-A Uniform location agreement: means a written agreement in a form prescribed by the board between a slot machine operator or casino operator and a slot machine distributor or table game distributor that governs the terms and conditions of that agreement, including the placement of slot machines or table games on the premises of the slot machine operator or casino operator. See Maine Revised Statutes Title 8 Sec. 1001 Unorganized territory: means all areas located within the jurisdiction of the State, except areas located within organized cities and towns, and Indian reservations. See Maine Revised Statutes Title 7 Sec. 3907 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Veterinarian: means a person licensed as a veterinarian in any state. See Maine Revised Statutes Title 7 Sec. 4151 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 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 Wolf hybrid: includes a mammal that is represented by its owner to be a wolf hybrid, coyote hybrid, coydog or any other kind of wild canid hybrid. See Maine Revised Statutes Title 7 Sec. 3907 Writ: A formal written command, issued from the court, requiring the performance of a specific act.