§ 8101 Title
§ 8102 Definitions
§ 8103 Immunity from suit
§ 8104-A Exceptions to immunity
§ 8104-B Immunity notwithstanding waiver
§ 8104-C Wrongful death action
§ 8104-D Personal liability of employees of a governmental entity
§ 8105 Limitation on damages
§ 8106 Jurisdiction of the court
§ 8107 Notice to governmental entity
§ 8108 Time for allowance or denial of claims
§ 8109 Compromise and settlement
§ 8110 Limitation of actions
§ 8111 Personal immunity for employees; procedure
§ 8112 Defense and indemnification of employees
§ 8113 Liability not expanded, other remedies are exclusive
§ 8114 Judgment against governmental entity or employee; effect
§ 8115 Payment of claims or judgments when no insurance
§ 8116 Liability insurance
§ 8117 Prior claims
§ 8118 Eleventh amendment

Terms Used In Maine Revised Statutes > Title 14 > Part 7 > Chapter 741 - Tort Claims

  • 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.
  • Allegation: something that someone says happened.
  • 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.
  • 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.
  • 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
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bargaining agent: means any lawful organization, association or individual representative of such organization or association which has as its primary purpose the representation of employees in their employment relations with employers, and which has been determined by the public employer or by the executive director of the board to be the choice of the majority of the unit as their representative. See Maine Revised Statutes Title 26 Sec. 962
  • Bargaining agent: means any lawful organization, association or individual representative of such organization or association which has as its primary purpose the representation of employees in their employment relations with employers, and which has been determined by the public employer as defined in subsection 5 or by the executive director of the board to be the choice of the majority of the unit as their representative. See Maine Revised Statutes Title 26 Sec. 979-A
  • Board: means the Maine Labor Relations Board referred to in section 968. See Maine Revised Statutes Title 26 Sec. 962
  • Board: means the Maine Labor Relations Board as defined in section 968, subsection 1. See Maine Revised Statutes Title 26 Sec. 979-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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cost items: means the provisions of a collective bargaining agreement which requires an appropriation by the Legislature. See Maine Revised Statutes Title 26 Sec. 979-A
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Emergency medical service: means :
A. See Maine Revised Statutes Title 14 Sec. 8102
  • Employee: means a person acting on behalf of a governmental entity in any official capacity, whether temporarily or permanently, and whether with or without compensation from local, state or federal funds, including:
    • A. See Maine Revised Statutes Title 14 Sec. 8102
  • 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
  • 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.
  • Executive director: means the Executive Director of the Maine Labor Relations Board. See Maine Revised Statutes Title 26 Sec. 962
  • Executive director: means the Executive Director of the Maine Labor Relations Board as defined in section 968, subsection 2. See Maine Revised Statutes Title 26 Sec. 979-A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Governmental entity: means and includes the State and political subdivisions as defined in subsection 3. See Maine Revised Statutes Title 14 Sec. 8102
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • Legislative employee: means any employee of the Legislature performing services within the legislative branch, except any person:
    • A. See Maine Revised Statutes Title 26 Sec. 979-A
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Maintenance: includes , but is not limited to, snowplowing, snow removal, sanding and ice control; grading and adding gravel and surface material; installing reclaimed asphalt or grinding existing pavement for reuse; installing, cleaning and replacing culverts; creating and maintaining ditches, drains and other storm water management infrastructure; creating and maintaining sight distances on curves and at intersections; and cutting brush, trees and vegetation in the right-of-way. See Maine Revised Statutes Title 23 Sec. 3101
  • Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72
  • 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: 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
  • Mutual aid emergency response employer: means the Bath Iron Works Corporation or its successor solely with respect to mutual aid emergency response personnel acting pursuant to a mutual aid agreement with a state or municipal entity or in response to a request for aid from a state or municipal entity. See Maine Revised Statutes Title 14 Sec. 8102
  • Mutual aid emergency response personnel: means the professionally trained firefighting, emergency medical service or rescue personnel employed by the Bath Iron Works Corporation or its successor when acting pursuant to a mutual aid agreement with a state or municipal entity or in response to a request for aid from a state or municipal entity. See Maine Revised Statutes Title 14 Sec. 8102
  • 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.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Political subdivision: means any city, town, plantation, county, administrative entity or instrumentality created pursuant to Title 30?A, chapters 115 and 119, incorporated fire-fighting unit that is organized under Title 13?B and is officially recognized by any authority created by statute, quasi-municipal corporation and special purpose district, including, but not limited to, any water district, sanitary district, hospital district, school district of any type, an airport authority established pursuant to Title 6, chapter 10, any volunteer fire association as defined in Title 30?A, section 3151, a transit district as defined in Title 30?A, section 3501, subsection 1, a regional transportation corporation as defined in Title 30?A, section 3501, subsection 2, a transit district or regional transportation corporation formed under the laws of another state that would qualify as a transit district or regional transportation corporation under Title 30?A, chapter 163 if formed under the laws of this State, any emergency medical service and a mutual aid emergency response employer. See Maine Revised Statutes Title 14 Sec. 8102
  • Private way: means a public easement as defined in section 3021, subsection 2. See Maine Revised Statutes Title 23 Sec. 3101
  • Public employee: means an employee of a public employer, except a person:
    • A. See Maine Revised Statutes Title 26 Sec. 962
  • Public employer: means :
    • A. See Maine Revised Statutes Title 26 Sec. 962
  • Public employer: means , with respect to the executive branch, all the departments, agencies and commissions of the executive branch of the State of Maine, represented by the Governor or the Governor's designee. See Maine Revised Statutes Title 26 Sec. 979-A
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • 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.
  • 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 the State of Maine or any office, department, agency, authority, commission, board, institution, hospital or other instrumentality of the State, including the Maine Turnpike Authority, the Maine Port Authority, the Northern New England Passenger Rail Authority, the Maine Community College System, the Maine Veterans' Homes, the Maine Public Employees Retirement System, the Maine Military Authority and all such other state entities. See Maine Revised Statutes Title 14 Sec. 8102
  • State employee: means an employee of the State of Maine performing services within the Executive Department except a person:
    • A. See Maine Revised Statutes Title 26 Sec. 979-A
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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.
  • 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
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • 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.
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72