Terms Used In Maine Revised Statutes > Title 23 > Part 7 > Chapter 615 > Subchapter 2 - Acquisition of Railroad Lines

• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• Board: means the Logging Dispute Resolution Board established in section 3702. See Maine Revised Statutes Title 26 Sec. 3701
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction employer: means a person constructing a generation facility in this State who hires any person to construct that generation facility. See Maine Revised Statutes Title 26 Sec. 3501
• 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.
• Customized employment: means employment acquired as a result of implementation of a flexible blend of strategies, services and supports designed to increase employment options for job seekers with complex needs through voluntary negotiation of the employment relationship with the employer. See Maine Revised Statutes Title 26 Sec. 3402
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Labor. See Maine Revised Statutes Title 26 Sec. 3501
• Disability: means a physical or mental disability as defined in Title 5, section 4553?A. See Maine Revised Statutes Title 26 Sec. 3402
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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.
• Financially responsible person: means a financially responsible person, as defined in the United States Code, title 49, § 10910(a), who intends to acquire, lease or contract to operate all or part of the railroad line in question. See Maine Revised Statutes Title 23 Sec. 7152
• First and preferred service or support option: means the first employment service option that is offered by a state agency, prior to the offer of other supports or services, including day services. See Maine Revised Statutes Title 26 Sec. 3402
• Forest land: means land used primarily for growth of trees to be harvested for commercial use. See Maine Revised Statutes Title 26 Sec. 3701
• Forest landowner: means a person that owns or possesses economic control over more than 50,000 acres of forest land. See Maine Revised Statutes Title 26 Sec. 3701
• Forest products harvester or hauler: means an individual who qualifies as an independent contractor under section 1043, subsection 11, paragraph E and who is engaged in harvesting or hauling trees from forest land for a forest landowner. See Maine Revised Statutes Title 26 Sec. 3701
• Generation facility: means a facility for the generation of electricity that has an installed capacity of 2 megawatts or more, other than a facility located on the customer side of an electric meter. See Maine Revised Statutes Title 26 Sec. 3501
• 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.
• Integrated community-based employment: means employment in the competitive labor market that is performed on a full-time or part-time basis in the general community or through self-employment and for which a person with a disability is compensated at or above the minimum wage but not less than the prevailing wage and level of benefits paid by the employer for the same or similar work performed by persons without disabilities. See Maine Revised Statutes Title 26 Sec. 3402
• 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.
• 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}
• 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
• 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.
• Person: means a natural person, corporation, partnership or state agency. See Maine Revised Statutes Title 23 Sec. 7152
• Personal property: All property that is not real property.
• Probate: Proving a will
• Railroad: includes every commercial, interurban and other railway and each and every branch and extension thereof by whatsoever power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, ferries, yards, grounds, terminals, terminal facilities, structures and equipment and all other real estate, fixtures and personal property of every kind used in connection therewith, owned, controlled, operated or managed for public use in the transportation of persons or property. See Maine Revised Statutes Title 23 Sec. 5001
• Railroad company: includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court owning, controlling, operating or managing any railroad for compensation within this State. See Maine Revised Statutes Title 23 Sec. 5001
• Railroad line: means the right-of-way, track, track appurtenances, ties, bridges, station houses, sidings, terminals and other appurtenant structures of a railroad. See Maine Revised Statutes Title 23 Sec. 7152
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• State agency: means the Department of Education, the Department of Health and Human Services or the Department of Labor. See Maine Revised Statutes Title 26 Sec. 3402
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72