Terms Used In Maine Revised Statutes > Title 17-A > Part 1 - General Principles

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Adoption assistance state: means the State that is signatory to an adoption assistance agreement in a particular case. See Maine Revised Statutes Title 22 Sec. 4172
• Adult: means an individual at least 18 years of age or an emancipated individual under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 5-102
• Adult subject to conservatorship: means an adult for whom a conservator has been appointed under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
• Adult subject to guardianship: means an adult for whom a guardian has been appointed under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Agent: means an individual appointed to serve in the capacity of a superintendent. See Maine Revised Statutes Title 20-A Sec. 1
• Allegation: something that someone says happened.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Approved placement: means the receiving state has determined after an assessment that the placement is both safe and suitable for the child and is in compliance with the applicable laws of the receiving state governing the placement of children in the receiving state. See Maine Revised Statutes Title 22 Sec. 4252
• Arrest: Taking physical custody of a person by lawful authority.
• Assessment: means an evaluation of a prospective placement to determine whether the placement meets the individualized needs of the child, including but not limited to the child's safety and stability, health and well-being and mental, emotional and physical development. See Maine Revised Statutes Title 22 Sec. 4252
• At risk: means , with regard to a person, that the person is a member of an economically disadvantaged family, a recipient or former recipient of services under the child protection or child welfare system of the State, in foster care, homeless, a member of a family exposed to substance use disorder, identified as having special needs, identified as having a physical or mental disability or identified as having limited English proficiency. See Maine Revised Statutes Title 22 Sec. 3931
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Best interest of the minor: means the standard of the best interest of the child according to the factors set forth in Title 19?A, section 1653, subsection 3. See Maine Revised Statutes Title 18-C Sec. 5-102
• Board: means any authority, board, commission, committee, council and similar organization, including independent organizations, established or authorized by the Legislature to fulfill specific functions the members of which do not serve full time. See Maine Revised Statutes Title 5 Sec. 12002
• Board: means the Board of the Maine Children's Trust Incorporated. See Maine Revised Statutes Title 22 Sec. 3881
• Board: means the board of directors of the authority. See Maine Revised Statutes Title 8 Sec. 521
• Board: means the Maine Motor Vehicle Franchise Board created pursuant to section 1187. See Maine Revised Statutes Title 10 Sec. 1171
• Board of directors: means the governing body with statutory powers and duties for a school administrative district. See Maine Revised Statutes Title 20-A Sec. 1
• Boxing: means a combative sport for compensation that features the use of gloved fists in attack and defense. See Maine Revised Statutes Title 8 Sec. 521
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Child: means a person under 6 years of age who has not entered kindergarten. See Maine Revised Statutes Title 22 Sec. 3931
• Child: means an individual who has not attained 18 years of age. See Maine Revised Statutes Title 22 Sec. 4252
• Child abuse and neglect prevention council: means a community organization that provides continuous year-round service as a county's primary organization that serves to encourage and coordinate community efforts to prevent child abuse from occurring. See Maine Revised Statutes Title 22 Sec. 3872
• Claim: includes a claim against an individual or conservatorship estate, whether arising in contract, tort or otherwise. See Maine Revised Statutes Title 18-C Sec. 5-102
• 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 agents. See Maine Revised Statutes Title 22 Sec. 2152
• Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1
• 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.
• Community: means a geographical area represented by a community coalition and served or to be served by a project. See Maine Revised Statutes Title 22 Sec. 3931
• Community coach: means an employee of or contractor with a community contractor who is trained under subsection 11 and performs administrative functions in carrying out the duties of a project. See Maine Revised Statutes Title 22 Sec. 3931
• Community coalition: means a group of stakeholders, service providers or other members within a community under subsection 7 that sponsors and collaborates in the implementation and administration of a project. See Maine Revised Statutes Title 22 Sec. 3931
• Community contractor: means a nonprofit organization that is the applicant and responsible lead member of a community coalition for a project. See Maine Revised Statutes Title 22 Sec. 3931
• Community provider: means a child care center, family child care provider or other service provider that has entered into a contract with a community contractor to provide services as part of a project. See Maine Revised Statutes Title 22 Sec. 3931
• Community school district: means a state-approved unit of school administration composed of more than one municipality or school administrative district which may provide public education for any combination of kindergarten through grade 12. See Maine Revised Statutes Title 20-A Sec. 1
• Conservator: includes a coconservator. See Maine Revised Statutes Title 18-C Sec. 5-102
• Conservatorship estate: means the property subject to conservatorship under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
• Conviction: A judgement of guilt against a criminal defendant.
• Dealer: means a person located within this State who sells goods or solicits or advertises the sale of goods to the public. See Maine Revised Statutes Title 10 Sec. 1361
• Default: means the failure of a member state to perform the obligations or responsibilities imposed upon it by this chapter or the bylaws or rules of the interstate commission. See Maine Revised Statutes Title 22 Sec. 4252
• 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 Education. See Maine Revised Statutes Title 20-A Sec. 1
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distributor: means a person who sells or distributes goods to dealers of those goods. See Maine Revised Statutes Title 10 Sec. 1361
• District school committee: means the governing body with statutory powers and duties for a community school district. See Maine Revised Statutes Title 20-A Sec. 1
• Donor: The person who makes a gift.
• Economically disadvantaged: means having a family income not exceeding 185% of the federal poverty level as defined in section 3762, subsection 1, paragraph C. See Maine Revised Statutes Title 22 Sec. 3931
• Eligible organization: means a nonprofit organization, local government or public school system. See Maine Revised Statutes Title 22 Sec. 3881
• Embedded professional development: means an activity performed by a community coach to encourage rule-specific knowledge, skills and dispositions to support responsive caregiving and developmentally appropriate teaching practices implemented for learning that is integrated into the work day, consists of assessing and finding solutions for authentic and immediate problems of practice as part of a cycle of continuous improvement and is grounded in day-to-day teaching practice designed to enhance a teacher's or caregiver's practices with the intent of improving children's social, emotional and cognitive development. See Maine Revised Statutes Title 22 Sec. 3931
• Expenses: means travel, meals or lodging costs or other necessary costs incurred by a member of a board in the performance of his duties as a member of that board. See Maine Revised Statutes Title 5 Sec. 12002
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Family: means a child, the child's parent and all people living in the household of the child who are supported by the income of the child's parent and related to the child or child's parent by blood, marriage or adoption. See Maine Revised Statutes Title 22 Sec. 3931
• Fiscal agent: means an incorporated community organization, agency or institution designated by the child abuse and neglect prevention council and authorized by the Department of Health and Human Services to receive and distribute grants to that child abuse and neglect prevention council. See Maine Revised Statutes Title 22 Sec. 3872
• 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
• Food: means articles used for food or drink for humans or other animals, chewing gum and articles used for components of any such article. See Maine Revised Statutes Title 22 Sec. 2152
• Food establishment: includes a caregiver, as defined in section 2422, subsection 8?A, and a registered dispensary, as defined in section 2422, subsection 6, that prepare food containing cannabis for medical use by a qualifying patient pursuant to chapter 558?C. See Maine Revised Statutes Title 22 Sec. 2152
• Food salvage establishment: means a food establishment engaged in reconditioning or by other means salvaging distressed merchandise and includes any food establishment that sells, buys, warehouses or distributes any salvaged merchandise. See Maine Revised Statutes Title 22 Sec. 2152
• Franchise: means an oral or written arrangement for a definite or indefinite period pursuant to which a manufacturer grants to a dealer or distributor of goods a license to use a trade name, trademark, service mark or related characteristic and in which there is a community of interest in the marketing of goods and related services at wholesale, retail, by leasing or otherwise. See Maine Revised Statutes Title 10 Sec. 1361
• Franchise: means an oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor or wholesaler grants to a motor vehicle dealer a license to use a trade name, service mark or related characteristic, and in which there is a community of interest in the marketing of motor vehicles or services related thereto at wholesale, retail, leasing or otherwise. See Maine Revised Statutes Title 10 Sec. 1171
• Franchisee: means a person, dealer or distributor of goods located within this State to whom a franchise is offered or granted. See Maine Revised Statutes Title 10 Sec. 1361
• Franchisor: means a manufacturer who grants a franchise to a distributor or dealer of goods. See Maine Revised Statutes Title 10 Sec. 1361
• Full conservatorship: means a conservatorship that grants the conservator all powers available under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
• Full guardianship: means a guardianship that grants the guardian all powers available under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
• Fund: means the repository for funds donated to the Maine Children's Trust Incorporated by the taxpayers of the State through an income tax checkoff pursuant to Title 36, section 5285 as well as federal grants and contracts, privately donated funds and in-kind donations for prevention programs, or by any means for the purposes of this chapter. See Maine Revised Statutes Title 22 Sec. 3881
• Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade as defined and interpreted in the Uniform Commercial Code, Title 11, section 1?1201, subsection (20). See Maine Revised Statutes Title 10 Sec. 1361
• Goods: means residential, recreational, agricultural, farm, commercial or business equipment, machinery or appliances that use electricity, gas, wood, a petroleum product or a derivative of a petroleum product for operation. See Maine Revised Statutes Title 10 Sec. 1361
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
• Guardian: includes a coguardian but does not include a guardian ad litem. See Maine Revised Statutes Title 18-C Sec. 5-102
• Guardian ad litem: means a person appointed to inform the court about, and to represent, the needs and best interest of an individual. See Maine Revised Statutes Title 18-C Sec. 5-102
• Home visitor: means a person who provides services to a participant in the participant's home. See Maine Revised Statutes Title 22 Sec. 3931
• Home visitor services: means interactions between a home visitor and a parent that on the part of the home visitor are nurturing, responsive and intentional and that support the parent in the parent's role as the primary teacher of the parent's child and assist the parent in using the parent's home and the community as the child's learning environment. See Maine Revised Statutes Title 22 Sec. 3931
• Ice-skating rink: means a building, facility or premises that provides an area used for ice-skating. See Maine Revised Statutes Title 8 Sec. 622
• Income: means annual contributions made to the fund through the income tax checkoff. See Maine Revised Statutes Title 22 Sec. 3881
• Indian tribe: means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for services provided to Indians by the United States Secretary of the Interior because of their status as Indians, including any Alaska native village as defined in Section 3(c) of the Alaska Native Claims Settlement Act, 43 United States Code § 1602(c). See Maine Revised Statutes Title 22 Sec. 4252
• Individual subject to conservatorship: means an adult or minor for whom a conservator has been appointed. See Maine Revised Statutes Title 18-C Sec. 5-102
• Individual subject to guardianship: means an adult or minor for whom a guardian has been appointed. See Maine Revised Statutes Title 18-C Sec. 5-102
• Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
• Information broker: means a person who, for monetary fees or dues, engages in whole or in part in the business of collecting, assembling, evaluating, compiling, reporting, transmitting, transferring or communicating information concerning individuals for the primary purpose of furnishing personal information to nonaffiliated 3rd parties. See Maine Revised Statutes Title 10 Sec. 1347
• interstate commission: means the commission that is created under section 4258. See Maine Revised Statutes Title 22 Sec. 4252
• Intestate: Dying without leaving a will.
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• Jurisdiction: means the power and authority of a court to hear and decide matters. See Maine Revised Statutes Title 22 Sec. 4252
• Juror: A person who is on the jury.
• Kindergarten: means a one-year or 2-year childhood education program, for children at least 5 years of age, immediately prior to grade one. See Maine Revised Statutes Title 20-A Sec. 1
• Less restrictive alternative: includes supported decision making, appropriate technological assistance, appointment of an agent by the individual, including appointment under a power of attorney for health care or power of attorney for finances, or appointment of a representative payee. See Maine Revised Statutes Title 18-C Sec. 5-102
• Letters of office: means judicial certification of guardianship or conservatorship. See Maine Revised Statutes Title 18-C Sec. 5-102
• Limited conservatorship: means a conservatorship that grants the conservator less than all powers available under this Act, grants powers over only certain property or otherwise restricts the powers of the conservator. See Maine Revised Statutes Title 18-C Sec. 5-102
• Limited guardianship: means a guardianship that grants the guardian less than all powers available under this Act or otherwise restricts the powers of the guardian. See Maine Revised Statutes Title 18-C Sec. 5-102
• Line make: means motor vehicles that are offered for sale, lease or distribution under a common name, trademark, service mark or brand name. See Maine Revised Statutes Title 10 Sec. 1171
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local administration: means administration by a personal representative appointed in this State pursuant to appointment proceedings described in Article 3. See Maine Revised Statutes Title 18-C Sec. 4-101
• Local personal representative: includes any personal representative appointed in this State pursuant to appointment proceedings described in Article 3 and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to section 4-205. See Maine Revised Statutes Title 18-C Sec. 4-101
• Maine Child Abuse Prevention Councils: means the statewide organization composed of a majority of the child abuse and neglect prevention councils. See Maine Revised Statutes Title 22 Sec. 3872
• Manufacturer: means a person, partnership, firm, association, corporation or trust, resident or nonresident, who manufactures, assembles or imports goods for distribution through distributors or a partnership, firm, association, joint venture, corporation or trust, resident or nonresident, that is controlled by such an entity. See Maine Revised Statutes Title 10 Sec. 1361
• manufacturer: includes the terms "franchisor" "distributor" "distributor branch" "factory branch" and "factory representative. See Maine Revised Statutes Title 10 Sec. 1171
• Member state: means a state that has enacted this compact. See Maine Revised Statutes Title 22 Sec. 4252
• Membership: means active participation in the program of a school from the date of enrollment to the time the student withdraws or is absent from the school for 10 consecutive days for reasons other than illness. See Maine Revised Statutes Title 20-A Sec. 15001
• Minor: means an unemancipated individual who is under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 5-102
• Minor subject to conservatorship: means a minor for whom a conservator has been appointed under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
• Minor subject to guardianship: means a minor for whom a guardian has been appointed under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
• Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72
• Mixed martial arts: means a combative sport for compensation that features a mixture of karate, jiu-jitsu, muay thai, tae kwon do, boxing, kick boxing, wrestling, judo and striking and grappling techniques. See Maine Revised Statutes Title 8 Sec. 521
• Motor vehicle: means any motor-driven vehicle, except motorcycles and recreational vehicles defined under section 1432, subsection 18?A, required to be registered under Title 29?A, chapter 5. See Maine Revised Statutes Title 10 Sec. 1171
• Motor vehicle dealer: means a person other than a manufacturer, distributor, distributor branch, distributor representative, factory branch or factory representative who sells or solicits or advertises the sale of new or used motor vehicles. See Maine Revised Statutes Title 10 Sec. 1171
• Noncustodial parent: means a person who, at the time of the commencement of court proceedings in the sending state, does not have sole legal custody of the child or has joint legal custody of the child and who is not the subject of allegations or findings of child abuse or neglect. See Maine Revised Statutes Title 22 Sec. 4252
• Nonmember state: means a state that has not enacted this compact. See Maine Revised Statutes Title 22 Sec. 4252
• Notice: means :