Maine Revised Statutes > Title 15 > Part 3 – Trials
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| Sections | ||
|---|---|---|
| Chapter 201 | General Provisions | 1201 – 1205 |
| Chapter 203 | Juries | 1251 – 1260 |
| Chapter 205 | Witnesses | 1312 – 1471 |
Terms Used In Maine Revised Statutes > Title 15 > Part 3 - Trials
- Account: includes health-care-insurance receivables. See Maine Revised Statutes Title 11 Sec. 9-1102
- Account debtor: means a person obligated on an account, chattel paper or general intangible. See Maine Revised Statutes Title 11 Sec. 9-1102
- accounting for: means a record:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature. Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 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. Agency: means a governmental entity subject to review pursuant to this chapter, but not subject to automatic termination. See Maine Revised Statutes Title 3 Sec. 953 Agency: means any body of State Government authorized by law to adopt rules under Title 5, chapter 375. See Maine Revised Statutes Title 3 Sec. 971 Agricultural lien: means an interest, other than a security interest, in farm products:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Agriculture: 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. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court. 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. Bank: includes savings banks, savings and loan associations, credit unions and trust companies. See Maine Revised Statutes Title 11 Sec. 9-1102 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. Bear bait: means an animal or plant or derivative of an animal or plant used to attract bear. See Maine Revised Statutes Title 12 Sec. 10001 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 Branch: means any office of a financial institution, including a credit union, where the business of banking is conducted other than the institution's main office. See Maine Revised Statutes Title 9-B Sec. 131 Bureau: means the Bureau of Financial Institutions. See Maine Revised Statutes Title 9-B Sec. 131 Calories per serving: means the caloric information for a food or beverage item being offered for consumption by one person, as usually prepared and as offered for sale on the menu, menu board or food display tag. See Maine Revised Statutes Title 22 Sec. 2491 Campground: includes , but is not limited to, sites intended for recreational purposes rather than permanent residency. See Maine Revised Statutes Title 22 Sec. 2491 Cannabis: includes cannabis concentrate but does not include hemp as defined in Title 7, section 2231, subsection 1?A, paragraph D or a cannabis product. See Maine Revised Statutes Title 28-B Sec. 102 Cannabis concentrate: means the resin extracted from any part of a cannabis plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin, including, but not limited to, hashish. See Maine Revised Statutes Title 28-B Sec. 102 Cannabis plant: means all species of the plant genus Cannabis, including, but not limited to, a mother plant, a mature cannabis plant, an immature cannabis plant or a seedling. See Maine Revised Statutes Title 28-B Sec. 102 Cannabis product: includes , but is not limited to, an edible cannabis product, a cannabis ointment and a cannabis tincture. See Maine Revised Statutes Title 28-B Sec. 102 Cannabis store: means a facility licensed under this chapter to purchase adult use cannabis, immature cannabis plants and seedlings from a cultivation facility, to purchase adult use cannabis and adult use cannabis products from a products manufacturing facility and to sell adult use cannabis, adult use cannabis products, immature cannabis plants and seedlings to consumers. See Maine Revised Statutes Title 28-B Sec. 102 capital: means the sum of common stock, paid-in common stock surplus, perpetual preferred stock, undivided profits and other capital reserves; [PL 1997, c. See Maine Revised Statutes Title 9-B Sec. 131 Card game: means a game of chance conducted using one or more decks of cards, such as poker, blackjack or cribbage. See Maine Revised Statutes Title 17 Sec. 1831 Cash proceeds: means proceeds that are money, checks, deposit accounts or the like. See Maine Revised Statutes Title 11 Sec. 9-1102 Certificate of title: includes another record maintained as an alternative to a certificate of title by the governmental unit that issues certificate of title if a statute permits the security interest in question to be indicated on the record as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. See Maine Revised Statutes Title 11 Sec. 9-1102 Chain restaurant: means an eating establishment that does business under the same trade name in 20 or more locations, at least one of which is located in the State, that offers predominantly the same type of meals, food, beverages or menus, regardless of the type of ownership of an individual location. See Maine Revised Statutes Title 22 Sec. 2491 Chattel paper: means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and license of software used in the goods, a lease of specific goods or a lease of specific goods and license of software used in the goods. See Maine Revised Statutes Title 11 Sec. 9-1102 Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Maine Revised Statutes Title 19-A Sec. 2802 Coastal wetlands: means all tidal and subtidal lands; all areas with vegetation present that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous lowland that is subject to tidal action during the highest tide level for the year in which an activity is proposed as identified in tide tables published by the National Ocean Service. See Maine Revised Statutes Title 38 Sec. 480-B Collateral: includes :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Commercially: means , with regard to the buying, selling, bartering or trading of wildlife parts, for the purpose of resale or profit or receiving any form of remuneration. See Maine Revised Statutes Title 12 Sec. 10001 Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 2491 Committee: means a joint legislative committee established to oversee program evaluation and government accountability matters. See Maine Revised Statutes Title 3 Sec. 992 Communicate: means :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Consignor: means a person that delivers goods to a consignee in a consignment. See Maine Revised Statutes Title 11 Sec. 9-1102 Consumer goods: means goods that are used or bought for use primarily for personal, family or household purposes. See Maine Revised Statutes Title 11 Sec. 9-1102 Consumer obligor: means an obligor who is an individual who incurred the obligation as part of a transaction entered into primarily for personal, family or household purposes. See Maine Revised Statutes Title 11 Sec. 9-1102 Consumer transaction: includes consumer-goods transactions. See Maine Revised Statutes Title 11 Sec. 9-1102 Consumer-goods transaction: means a consumer transaction in which:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Continuation statement: means an amendment of a financing statement that:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Cooperative financial institution: means any financial institution organized pursuant to chapter 32 in which the earnings and net worth of the institution inure to the ultimate benefit of the members. See Maine Revised Statutes Title 9-B Sec. 131 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. cultivate: means the planting, propagation, growing, harvesting, drying, curing, grading, trimming or other processing of cannabis for use or sale. See Maine Revised Statutes Title 28-B Sec. 102 Cultivation facility: means a facility licensed under this chapter to purchase cannabis plants and seeds from other cultivation facilities; to cultivate, prepare and package adult use cannabis; to sell adult use cannabis to products manufacturing facilities, to cannabis stores and to other cultivation facilities; and to sell cannabis plants and seeds to other cultivation facilities and immature cannabis plants and seedlings to cannabis stores. See Maine Revised Statutes Title 28-B Sec. 102 Customer: means an individual who is lawfully on the premises of a retail establishment. See Maine Revised Statutes Title 22 Sec. 1671 Dealer: means a person, corporation or partnership primarily engaged in the business of retail sales of farm and utility tractors, forestry equipment, industrial equipment, construction equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories and repair parts. See Maine Revised Statutes Title 10 Sec. 1285 Dealer agreement: means a written or oral contract or agreement between a dealer and a wholesaler, manufacturer or distributor by which the dealer is granted the right to sell or distribute goods or services or to use a trade name, trademark, service mark, logotype or advertising or other commercial symbol. See Maine Revised Statutes Title 10 Sec. 1285 Debtor: means :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Decedent: A deceased person. Deed: The legal instrument used to transfer title in real property from one person to another. 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 Health and Human Services. See Maine Revised Statutes Title 22 Sec. 2491 Deposit account: means a demand, time, savings, passbook or similar account maintained with a bank. See Maine Revised Statutes Title 11 Sec. 9-1102 deposits: includes credit union share accounts. See Maine Revised Statutes Title 9-B Sec. 131 Director: means the Executive Director of the Gambling Control Unit. See Maine Revised Statutes Title 17 Sec. 1831 Director: means a member of the governing body of a financial institution. See Maine Revised Statutes Title 9-B Sec. 131 Director: means the Director of the Office of Program Evaluation and Government Accountability. See Maine Revised Statutes Title 3 Sec. 992 Distributor: means a person, firm, corporation, association or organization, other than an Internet raffle operator, that sells, markets or otherwise distributes sealed tickets, gambling apparatus or any other implements of gambling that may be used in the conduct of a game of chance. See Maine Revised Statutes Title 17 Sec. 1831 Docket: A log containing brief entries of court proceedings. Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support. See Maine Revised Statutes Title 19-A Sec. 2802 Eating establishment: means an eating establishment licensed by the Department of Health and Human Services under chapter 562 which prepares and serves food to the public for consumption inside the premises. See Maine Revised Statutes Title 22 Sec. 1685 Eating establishment: includes places in the entertainment, hospitality, recreation, restaurant and tourism industries; catering establishments; correctional facilities; hospital cafeterias; mobile eating places; public and private schools; retail frozen dairy product establishments; and workplace eating establishments and places where food is prepared for vending machines dispensing food other than in original sealed packages. See Maine Revised Statutes Title 22 Sec. 2491 Electronic video machine: means a machine, however operated, that has a video screen featuring an electronically simulated game and delivers or entitles the person playing or operating it to receive the privilege of playing the electronic video machine without charge, but does not deliver or entitle the person playing or operating the electronic video machine to receive cash, premiums, merchandise, tickets or something of value other than the privilege of playing the electronic video machine without charge. See Maine Revised Statutes Title 17 Sec. 1831 Eligible medical condition: means Crohn's disease, ulcerative colitis or any other inflammatory bowel disease, irritable bowel syndrome, a condition requiring the use of an ostomy device or any other medical condition that requires immediate access to a toilet facility. See Maine Revised Statutes Title 22 Sec. 1671 Equipment: means goods other than inventory, farm products or consumer goods. See Maine Revised Statutes Title 11 Sec. 9-1102 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 Equity interest: means common stock, preferred stock, members' or partners' interests or any other type of capital instrument that entitles the holder to vote pursuant to the financial institution's organizational documents. See Maine Revised Statutes Title 9-B Sec. 131 Escrow: Money given to a third party to be held for payment until certain conditions are met. Executor: A male person named in a will to carry out the decedent Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. fair: means a nonprofit agricultural fair society eligible for a stipend under Title 7, chapter 4. See Maine Revised Statutes Title 17 Sec. 1831 FDIC: means the Federal Deposit Insurance Corporation or its successors. See Maine Revised Statutes Title 9-B Sec. 131 Federal association: means a savings and loan association, savings bank or other financial institution organized pursuant to the Act of Congress entitled "Home Owners' Loan Act of 1933" as amended, or any subsequent Act of Congress relating thereto. See Maine Revised Statutes Title 9-B Sec. 131 Fence: means a good quality fence or wall not less than 4 feet in height above ground surface and of a character to exclude children. See Maine Revised Statutes Title 22 Sec. 1631 Fiduciary: A trustee, executor, or administrator. File number: means the number assigned to an initial financing statement pursuant to section 9?1519, subsection (1). See Maine Revised Statutes Title 11 Sec. 9-1102 Filing office: means an office designated in section 9?1501 as the place to file a financing statement. See Maine Revised Statutes Title 11 Sec. 9-1102 Filing-office rule: means a rule adopted pursuant to section 9?1526. See Maine Revised Statutes Title 11 Sec. 9-1102 Financial institution holding company: means any company which is deemed to be a holding company pursuant to the provisions contained in chapter 101. See Maine Revised Statutes Title 9-B Sec. 131 Financing statement: means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement. See Maine Revised Statutes Title 11 Sec. 9-1102 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 Fixture filing: includes the filing of a financing statement covering goods of a transmitting utility that are or are to become fixtures. See Maine Revised Statutes Title 11 Sec. 9-1102 Fixtures: means goods that have become so related to particular real property that an interest in them arises under real property law. See Maine Revised Statutes Title 11 Sec. 9-1102 Food display tag: means a written or printed description of a food or beverage item, such as a label or placard, placed in the vicinity of the food or beverage item identifying the type or price of the food or beverage. See Maine Revised Statutes Title 22 Sec. 2491 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. Freshwater wetlands: means freshwater swamps, marshes, bogs and similar areas that are:
A. See Maine Revised Statutes Title 38 Sec. 480-BGame of chance: means a game, contest, scheme or device in which:
A. See Maine Revised Statutes Title 17 Sec. 1831Game of skill: means any game, contest, scheme or device in which a person stakes or risks something of value for the opportunity to win something of value and that is not a game of chance. See Maine Revised Statutes Title 17 Sec. 1831 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Goods: includes :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Governing body: means the body that oversees the affairs of a financial institution. See Maine Revised Statutes Title 9-B Sec. 131 Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, 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 Great ponds: means any inland bodies of water which in a natural state have a surface area in excess of 10 acres and any inland bodies of water artificially formed or increased which have a surface area in excess of 30 acres. See Maine Revised Statutes Title 38 Sec. 480-B Gross revenue: means the total amount wagered in a game of chance less the prizes awarded. See Maine Revised Statutes Title 17 Sec. 1831 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 inspector: means a person whose education and experience in the biological and sanitary sciences qualify that person to engage in the promotion and protection of the public health and who applies technical knowledge to solve problems of a sanitary nature and develops methods and carries out procedures for the control of those factors of the environment that affect the health, safety and well-being of others. See Maine Revised Statutes Title 22 Sec. 2491 Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. Height: means :
A. See Maine Revised Statutes Title 38 Sec. 436-AHis: as used in this Title , means "his or her;" while "he" means "he or she. See Maine Revised Statutes Title 9-B Sec. 131 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 Immature cannabis plant: means a cannabis plant that is not a mature cannabis plant or a seedling. See Maine Revised Statutes Title 28-B Sec. 102 Independent agency: means a governmental entity subject to review and to termination pursuant to this chapter. See Maine Revised Statutes Title 3 Sec. 953 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. Indirect compensation: means nonmonetary consideration provided to a consumer or patron. See Maine Revised Statutes Title 22 Sec. 2491 Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Inherently hazardous substance: means a liquid chemical, compressed gas or commercial product that has a flash point at or lower than 38 degrees Celsius or 100 degrees Fahrenheit, including, but not limited to, butane, propane and diethyl ether. See Maine Revised Statutes Title 28-B Sec. 102 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Inland waters: means all waters within the State above the rise and fall of the tide and wholly or partially within the territorial limits of the State, except private ponds as defined in subsection 51. See Maine Revised Statutes Title 12 Sec. 10001 Interested party: means a person having a substantial interest in, or who is or may be aggrieved by, any act or impending act, or any report, rule, regulation, amendment, decision or order of the superintendent. See Maine Revised Statutes Title 9-B Sec. 131 Internet raffle: means a raffle in which a person purchases a raffle chance or ticket through, and a winner or winning chances are determined by, a digital platform that involves, at least in part, the use of the Internet. See Maine Revised Statutes Title 17 Sec. 1831 Internet raffle operator: means a person, firm, corporation, association or organization licensed under section 1837?B, subsection 2 to conduct an Internet raffle using an Internet raffle system. See Maine Revised Statutes Title 17 Sec. 1831 Internet raffle system: means a mobile application or other digital platform and the accompanying computer software approved by the Gambling Control Unit under section 1837?B, subsection 4 for use in conducting an Internet raffle. See Maine Revised Statutes Title 17 Sec. 1831 Inventory: means farm, forestry, utility or industrial equipment, construction equipment, implements, machinery, yard and garden equipment, attachments or repair parts. See Maine Revised Statutes Title 10 Sec. 1285 Investor: means any person who has an ownership interest in a financial institution and is entitled to vote under the institution's organizational documents. See Maine Revised Statutes Title 9-B Sec. 131 Investor-owned institution: means a financial institution organized under chapter 31. See Maine Revised Statutes Title 9-B Sec. 131 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. Juror: A person who is on the jury. lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Law: includes decisional and statutory law and rules and regulations having the force of law. See Maine Revised Statutes Title 19-A Sec. 2802 Legatee: A beneficiary of a decedent Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Licensee: means a firm, corporation, association or organization licensed by the Gambling Control Unit to operate a game of chance. See Maine Revised Statutes Title 17 Sec. 1831 Lien: A claim against real or personal property in satisfaction of a debt. Lien creditor: means :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102live birth: as used in this chapter , shall mean a product of conception after complete expulsion or extraction from its mother, irrespective of the duration of pregnancy, which breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Maine Revised Statutes Title 22 Sec. 1595 Lodging place: includes accommodations in the entertainment, hospitality, recreation and tourism industries, including, but not limited to, hotels, motels, bed and breakfasts, inns and properties under common management at the same location where 4 or more rooms, cottages or condominium units are available. See Maine Revised Statutes Title 22 Sec. 2491 Machine: means any machine, including electronic devices, however operated, the internal mechanism or components of which when set in motion or activated and by the application of the element of chance may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tickets or something of value as defined in subsection 17. See Maine Revised Statutes Title 17 Sec. 1831 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 manufacture: means the production, blending, infusing, compounding or other preparation of cannabis and cannabis products, including, but not limited to, cannabis extraction or preparation by means of chemical synthesis. See Maine Revised Statutes Title 28-B Sec. 102 Manufactured-home transaction: means a secured transaction:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Member: means a bona fide member of a firm, corporation, association, organization, department or class or a combination thereof who has been duly admitted as a member according to the laws, rules, regulations, ordinances or bylaws governing membership in the firm, corporation, association, organization, department, class or combination thereof. See Maine Revised Statutes Title 17 Sec. 1831 Menu: means a written or printed list describing food or beverage items offered for sale at an eating establishment that may be distributed on or off the premises, but does not include a menu board. See Maine Revised Statutes Title 22 Sec. 2491 Menu board: means a list of food or beverage items offered for sale at an eating establishment that is posted in a public area for viewing by multiple customers, including a backlit marquee sign, chalkboard or drive-through menu sign. See Maine Revised Statutes Title 22 Sec. 2491 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Mortgage: means a consensual interest in real property, including fixtures, that secures payment or performance of an obligation. See Maine Revised Statutes Title 11 Sec. 9-1102 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 aldermen or councillors of a city, the members of the select board or councillors 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 Municipality: means a city, town or plantation in this State that is not located within the unorganized and deorganized areas. See Maine Revised Statutes Title 28-B Sec. 102 mutual institution: means any financial institution organized pursuant to chapter 32, in which the earnings and net worth of the institution inure to the ultimate benefit of the depositors or members. See Maine Revised Statutes Title 9-B Sec. 131 Mutual voter: means a corporator or member as described in chapter 32. See Maine Revised Statutes Title 9-B Sec. 131 National bank: means a bank or bank and trust company organized pursuant to the Act of Congress entitled "The National Bank Act" as amended, or any subsequent Act of Congress relating thereto. See Maine Revised Statutes Title 9-B Sec. 131 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC Net revenue: means gross revenue less allowable expenses as described in section 1838. See Maine Revised Statutes Title 17 Sec. 1831 Noncash proceeds: means proceeds other than cash proceeds. See Maine Revised Statutes Title 11 Sec. 9-1102 Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001 Normal high water line: means that line along the shore of a great pond, river, stream, brook or other nontidal body of water which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or from changes in vegetation and which distinguishes between predominantly aquatic and predominantly terrestrial land. See Maine Revised Statutes Title 38 Sec. 480-B Normal high-water line: means that line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. See Maine Revised Statutes Title 38 Sec. 436-A Normal wear and tear: means the deterioration that occurs, based upon the use for which the rental unit is intended, without negligence, carelessness, accident or abuse of the premises or equipment or chattels by the tenant or members of the tenant's household or their invitees or guests. See Maine Revised Statutes Title 14 Sec. 6031 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. Obligee: means :
A. See Maine Revised Statutes Title 19-A Sec. 2802Obligor: means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Office: means the Office of Program Evaluation and Government Accountability established in section 991. See Maine Revised Statutes Title 3 Sec. 992 Officer: means an employee of a financial institution who has been given managerial or other high-level duties by the governing body of the financial institution. See Maine Revised Statutes Title 9-B Sec. 131 Organizational document: means the charter, certificate of organization, articles of incorporation, articles of association, articles of organization, certificate of limited liability partnership, bylaws, operating agreement, partnership agreement or any other similar document required to be filed with and approved by the superintendent pursuant to section 314?A or 323. See Maine Revised Statutes Title 9-B Sec. 131 Other entity: means any public or private entity in this State that may be subject to program evaluation under this chapter as the result of its receipt or expenditure of public funds. See Maine Revised Statutes Title 3 Sec. 992 Oversight: Committee review of the activities of a Federal agency or program. 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. Penal institutions: includes a jail, prison, penitentiary, house of correction or other place of penal detention. See Maine Revised Statutes Title 15 Sec. 1461 Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Person: means an individual, corporation, partnership, joint venture, trust, estate or unincorporated association. See Maine Revised Statutes Title 9-B Sec. 131 Person: means a natural person or a business entity. See Maine Revised Statutes Title 28-B Sec. 102 Personal property: All property that is not real property. Policy committee: means the joint standing committee of the Legislature having jurisdiction over taxation matters. See Maine Revised Statutes Title 3 Sec. 992 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 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. Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers. Probable cause: A reasonable ground for belief that the offender violated a specific law. Proceeds: means the following property:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Program evaluation: means an examination of any government program that includes performance audits, management analysis, inspections, operations, research or examinations of efficiency, effectiveness or economy or the evaluation of any tax expenditure required under this chapter. See Maine Revised Statutes Title 3 Sec. 992 Proposal: means a record authenticated by a secured party that includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to sections 9?1620, 9?1621 and 9?1622. See Maine Revised Statutes Title 11 Sec. 9-1102 Public pool: includes a pool on the premises of a child care facility that is licensed or required to be licensed under section 8301?A. See Maine Revised Statutes Title 22 Sec. 2491 Public spa: means any constructed spa other than a residential spa or medical facility spa. See Maine Revised Statutes Title 22 Sec. 2491 Public-finance transaction: means a secured transaction in connection with which:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Qualified auditor: means an auditor who meets the education and experience requirements of the Office of State Auditor as defined in Title 5, section 241. See Maine Revised Statutes Title 3 Sec. 992 Qualifying patient: means a person who possesses a valid certification for the medical use of cannabis pursuant to Title 22, section 2423?B. See Maine Revised Statutes Title 28-B Sec. 102 Raffle: means a game of chance in which:
A. See Maine Revised Statutes Title 17 Sec. 1831Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC 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 Registrant: means a person or organization registered with the Gambling Control Unit to conduct a game of chance, a raffle or certain tournament games, for which a license is not required under this chapter. See Maine Revised Statutes Title 17 Sec. 1831 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. Remand: When an appellate court sends a case back to a lower court for further proceedings. 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. 10001Retail establishment: means a place of business open to the general public for the sale of goods or services. See Maine Revised Statutes Title 22 Sec. 1671 Retrospective review: means a review of a rule by an agency for any change in the relevance, clarity and reasonableness of the rule between the time of its initial adoption and the time of the review. See Maine Revised Statutes Title 3 Sec. 971 River: means a free-flowing body of water including its associated flood plain wetlands from that point at which it provides drainage for a watershed of 25 square miles to its mouth. See Maine Revised Statutes Title 38 Sec. 436-A Roulette: means a game of chance in which players bet on the compartment of a revolving wheel into which a small ball will come to rest. See Maine Revised Statutes Title 17 Sec. 1831 Secondary obligor: means an obligor to the extent that:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Secured party: means :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Security agreement: means an agreement that creates or provides for a security interest. See Maine Revised Statutes Title 11 Sec. 9-1102 Security deposit: means any advance or deposit, regardless of its denomination, of money, the primary function of which is to secure the performance of a lease or tenancy at will agreement for residential premises or any part thereof. See Maine Revised Statutes Title 14 Sec. 6031 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. Shopping center: means any building or facility containing 6 or more separate retail establishments that are planned, developed, owned or managed as a unit, with an off-street public parking area of not less than 2 acres. See Maine Revised Statutes Title 22 Sec. 1671 significant wildlife habitat: is a s defined and mapped in accordance with section 480?I by the Department of Inland Fisheries and Wildlife, the following areas that are defined by the Department of Inland Fisheries and Wildlife and are in conformance with criteria adopted by the Department of Environmental Protection or are within any other protected natural resource:
(1) Significant vernal pool habitat;
(2) High and moderate value waterfowl and wading bird habitat, including nesting and feeding areas; and
(3) Shorebird nesting, feeding and staging areas. See Maine Revised Statutes Title 38 Sec. 480-BSomething of value: means :
A. See Maine Revised Statutes Title 17 Sec. 1831sporting camp: means a building or group of buildings devoted primarily to the offering of eating and lodging facilities to guests only, with 4 or more rooms or cottages for rent, for a fee to persons seeking recreation, including snowmobiling, hunting, fishing and similar activities, not including programs overseen by employees or volunteers of municipalities and educational institutions when the activities generally take place at municipal or institutional properties and buildings. See Maine Revised Statutes Title 22 Sec. 2491 State: shall include any territory of the United States and District of Columbia. See Maine Revised Statutes Title 15 Sec. 1412 State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory of the United States. See Maine Revised Statutes Title 15 Sec. 1461 State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Maine Revised Statutes Title 11 Sec. 9-1102 state: includes an Indian nation or tribe. See Maine Revised Statutes Title 19-A Sec. 2802 State agency: means each state board, commission, department, program, office or institution, educational or otherwise, of this State. See Maine Revised Statutes Title 3 Sec. 992 Statistic: includes , but is not limited to, a sum, mean, median, maximum, minimum, range and variance. See Maine Revised Statutes Title 3 Sec. 992 Statute: A law passed by a legislature. Stream: means a free-flowing body of water from the outlet of a great pond or the confluence of 2 perennial streams as depicted on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map to the point where the stream becomes a river or where the stream meets the shoreland zone of another water body or wetland. See Maine Revised Statutes Title 38 Sec. 436-A Structure: means anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind and anything constructed or erected on or in the ground. See Maine Revised Statutes Title 38 Sec. 436-A Subpoena: A command to a witness to appear and give testimony. Subsidiary: means a corporation, partnership, business trust, association or similar organization, all of which are referred to in this subsection as "another company" owned or controlled by a financial institution or financial institution holding company. See Maine Revised Statutes Title 9-B Sec. 131 Summons: shall include a subpoena, order or other notice requiring the appearance of a witness. See Maine Revised Statutes Title 15 Sec. 1412 Sunrise: means the time computed and established for sunrise for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. See Maine Revised Statutes Title 12 Sec. 10001 Sunset: means the time computed and established for sunset for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. See Maine Revised Statutes Title 12 Sec. 10001 Supplier: means a wholesaler, manufacturer or distributor of inventory as defined in this chapter who enters into a dealer agreement with a dealer. See Maine Revised Statutes Title 10 Sec. 1285 Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See Maine Revised Statutes Title 19-A Sec. 2802 Surety bond: means a bond purchased by a tenant in lieu of making a security deposit when the function of the bond is to secure the performance of a lease or tenancy at will agreement for residential premises or any part of residential premises. See Maine Revised Statutes Title 14 Sec. 6031 Swimming pool: means an outdoor artificial receptacle or other container, whether in or above the ground, used or intended to be used to contain water for swimming or bathing and designed for a water depth of 24 inches or more. See Maine Revised Statutes Title 22 Sec. 1631 Termination statement: means an amendment of a financing statement that:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Thrift institution: means a savings bank or a savings and loan association organized under the prior laws of this State. See Maine Revised Statutes Title 9-B Sec. 131 Tokens: means distinctive objects, chips, tickets or other devices of no intrinsic value used as a substitute for cash in accounting for revenue from a game of chance. See Maine Revised Statutes Title 17 Sec. 1831 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 Transmitting utility: means a person primarily engaged in the business of:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Trustee: A person or institution holding and administering property in trust. unit: means the bureau within the Department of Public Safety under Title 25, section 2902, subsection 12 or an authorized representative of the Gambling Control Unit. See Maine Revised Statutes Title 17 Sec. 1831 Universal bank: means an investor-owned institution or a mutual financial institution authorized by its organizational documents to exercise all the powers granted in Part 4 and includes a trust company, a savings bank and a savings and loan association chartered by special act of the Legislature, established prior to October 1, 1975 or established pursuant to this Title. See Maine Revised Statutes Title 9-B Sec. 131 Uphold: The decision of an appellate court not to reverse a lower court decision. valid permit: means a license or permit lawfully obtained in the licensee's or permittee's name and signed by that person. See Maine Revised Statutes Title 12 Sec. 10001 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth." Wildlife: includes wild animals and wild birds. See Maine Revised Statutes Title 12 Sec. 10001 Wildlife management: means the art or science of producing wild animals and birds and of improving wildlife conditions in the State. See Maine Revised Statutes Title 12 Sec. 10001 Witness: shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. See Maine Revised Statutes Title 15 Sec. 1412 Witness: means a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by a grand jury or in any criminal action before a court. See Maine Revised Statutes Title 15 Sec. 1461 Working paper: means all documentary and other information acquired, prepared or maintained by the office during the conduct of a program evaluation, including all intra-agency and interagency communications relating to a program evaluation and includes electronic messages and draft reports or any portion of a draft report. See Maine Revised Statutes Title 3 Sec. 992 Youth camp: includes day camps, residential camps and trip and travel camps. See Maine Revised Statutes Title 22 Sec. 2491