Maine Revised Statutes > Title 30-A > Part 1 > Chapter 1 > Subchapter 5 – District Attorneys
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| Sections | ||
|---|---|---|
| Article 1 | Election and Tenure | 251 – 257 |
| Article 2 | Assistants and Substitutes | 271 – 272 |
| Article 3 | Duties | 281 – 291 |
Terms Used In Maine Revised Statutes > Title 30-A > Part 1 > Chapter 1 > Subchapter 5 - District Attorneys
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- 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.
- 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.
- Affordable housing covenant: means any agreement among one or more owners, one or more tenants of residential real estate and one or more qualified holders, or between one or more owners and one or more qualified holders, or between one or more tenants and one or more qualified holders, that permits a qualified holder to control, either directly or indirectly, the purchase price of residential housing for the primary purpose of providing that the housing remains affordable to lower income and moderate-income households. See Maine Revised Statutes Title 33 Sec. 121
- Affordable housing unit: means an owner-occupied, single-family dwelling unit or condominium unit for a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development. See Maine Revised Statutes Title 30-A Sec. 5061
- Allowable expense: means reasonable charges incurred for reasonably needed products, services and accommodations, including those for medical care, rehabilitation, rehabilitative occupational training, counseling services and other remedial treatment and care, and nonmedical remedial care and treatment rendered in accordance with a recognized religious method of healing. See Maine Revised Statutes Title 17-A Sec. 2002
- 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.
- Appraisal: A determination of property value.
- Arborist: means a person who, for compensation, takes down or fells, diagnoses or evaluates the condition of shade or ornamental trees; solicits, recommends or supervises the treatment of those trees; or in any manner or for any purpose treats or cares for those trees. See Maine Revised Statutes Title 7 Sec. 2173
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- 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
- Bequest: Property gifted by will.
- Blighted area: means :
A. See Maine Revised Statutes Title 30-A Sec. 5101Bonds: means any bonds, including refunding bonds, notes, interim certificates, debentures or other obligations under this chapter. See Maine Revised Statutes Title 30-A Sec. 5101 Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority. Collateral source: means a source of benefits or advantages for economic loss resulting from a crime, which the victim has received, or which is readily available to the victim from:
A. See Maine Revised Statutes Title 17-A Sec. 2002Commercial fisheries businesses: includes without limitation:
A. See Maine Revised Statutes Title 33 Sec. 131Common 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. Connection fee: means a one-time fee or charge for the establishment of water or sewer service that is directly related to the actual cost of installation of such service. See Maine Revised Statutes Title 30-A Sec. 5061 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. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Dependent: means an individual who is wholly or partially dependent upon the victim for care or support and includes a child of the victim born after the victim's death. See Maine Revised Statutes Title 17-A Sec. 2002 Dependent: A person dependent for support upon another. Devise: To gift property by will. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Docket: A log containing brief entries of court proceedings. Down payment: means the payment made by the purchaser to the vendor on account of the purchase price at or before the time of the execution of a land installment contract. See Maine Revised Statutes Title 33 Sec. 481 Economic loss: includes economic detriment consisting of environmental clean-up expense, property loss, allowable expense, work loss, replacement services loss and, if injury causes death, dependent's economic loss and dependent's replacement services loss. See Maine Revised Statutes Title 17-A Sec. 2002 Environmental clean-up expense: means any reasonable expense incurred for products and services needed to clean up any harm or damage caused to the environment, including any harm or damage caused by chemicals; to restore the environment to its previous condition prior to any harm or damage; and to properly dispose of chemicals and other materials, including those used in the manufacture of scheduled drugs in violation of chapter 45. See Maine Revised Statutes Title 17-A Sec. 2002 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 Escrow: Money given to a third party to be held for payment until certain conditions are met. 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. 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. Federal Government: means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. See Maine Revised Statutes Title 30-A Sec. 2001 Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Fiduciary: A trustee, executor, or administrator. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. 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 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, 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. Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. holder: means :
A. See Maine Revised Statutes Title 33 Sec. 131Impact fee: means a one-time fee or charge associated with the establishment of water or sewer service that is related to the impact of such service on system capacity and that is collected to offset future costs associated with system growth. See Maine Revised Statutes Title 30-A Sec. 5061 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit. 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. Land installment contract: means an agreement under which the vendor agrees to sell an interest in property to the purchaser and the purchaser agrees to pay the purchase price in 5 or more subsequent payments exclusive of the down payment, if any, and the vendor retains title to the property as security for the purchaser's obligation under the agreement. See Maine Revised Statutes Title 33 Sec. 481 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 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Lower income and moderate-income households: means very low-income, low-income and moderate-income households as defined in the Affordable Housing Partnership Act of 1989. See Maine Revised Statutes Title 33 Sec. 121 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Manager: means any person, other than all time-share owners or the association, designated in or employed pursuant to the time-share instrument or project instrument to manage the time-share units. See Maine Revised Statutes Title 33 Sec. 591 Managing entity: means the manager or, if there is no manager, the association of unit owners. See Maine Revised Statutes Title 33 Sec. 591 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. municipal clerk: means the clerk of a municipality. See Maine Revised Statutes Title 30-A Sec. 2001 Municipal legislative body: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipal 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 Municipal officers: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipality: 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 or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001 Noneconomic detriment: means pain, suffering, inconvenience, physical impairment and other nonpecuniary damage. See Maine Revised Statutes Title 17-A Sec. 2002 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 30-A Sec. 5101Offender: means an individual or an organization convicted of a crime. See Maine Revised Statutes Title 17-A Sec. 2002 Ornamental trees: means trees of shade, beauty or landscape value, or those trees intended to become ornamental trees. See Maine Revised Statutes Title 7 Sec. 2173 Owner: means a person having an estate, interest or easement in real property or a lien, charge or encumbrance on that property. See Maine Revised Statutes Title 30-A Sec. 5101 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. Permanent incapacity: means a guardian or conservator has been appointed by a court of competent jurisdiction to manage the affairs of an office holder. See Maine Revised Statutes Title 30-A Sec. 1 Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001 Person: means an individual, partnership or any group of persons, whether incorporated or not. See Maine Revised Statutes Title 7 Sec. 2173 Personal property: All property that is not real property. Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Project: means real property subject to a project instrument containing more than one unit. See Maine Revised Statutes Title 33 Sec. 591 Project instrument: means one or more recordable documents by whatever name denominated, applying to the whole of a project and containing restrictions or covenants regulating the use, occupancy or disposition of units in a project, including any amendments to the document, but excluding any law, ordinance or governmental regulation. See Maine Revised Statutes Title 33 Sec. 591 Property: means improved real property located in this State, sold to be occupied as a dwelling. See Maine Revised Statutes Title 33 Sec. 481 Property loss: means the value of property taken from the victim, or of property destroyed or otherwise broken or harmed. See Maine Revised Statutes Title 17-A Sec. 2002 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public agency: means the State or any county, municipality, district or public authority located, in whole or in part, within this State that provides or may provide laboratory services or police, firefighting, ambulance or other emergency services. See Maine Revised Statutes Title 17-A Sec. 2002 Public body: means the State, or any agency or instrumentality of the State, or any board, commission, authority or district within the territorial boundaries of the municipality. See Maine Revised Statutes Title 30-A Sec. 5101 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Purchaser: means an individual who purchases property subject to a land installment contract, or any legal successor in interest to him, regardless of whether the individual has entered into an agreement as to extension, default or refund. See Maine Revised Statutes Title 33 Sec. 481 Purchaser: means any person, other than a developer, who by means of a voluntary transfer acquires a legal or equitable interest in a time share other than as security for an obligation. See Maine Revised Statutes Title 33 Sec. 591 Qualified holder: means a governmental entity empowered to hold an interest in real property under the laws of this State or the United States or a nonprofit organization whose purposes include the provision of affordable housing or the increasing of affordable housing opportunities for lower income or moderate-income households including governmental or quasi-governmental entities such as public housing authorities, community action agencies or other similar nonprofit or governmental entities committed to providing opportunities for lower income or moderate-income households to obtain affordable housing. See Maine Revised Statutes Title 33 Sec. 121 Quorum: The number of legislators that must be present to do business. Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 real estate: means land, legally filled lands, piers, wharves and other improvements to lands all adjacent to the navigable coastal waters of the State. See Maine Revised Statutes Title 33 Sec. 131 Real property: means :
A. See Maine Revised Statutes Title 30-A Sec. 5101Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Redeveloper: means any person that enters or proposes to enter into a redevelopment contract. See Maine Revised Statutes Title 30-A Sec. 5101 Redevelopment contract: means a contract entered into between the authority and a redeveloper for the redevelopment of an area in conformity with an urban renewal plan. See Maine Revised Statutes Title 30-A Sec. 5101 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 Regular employer: means a person doing business in or operating a business in the State. See Maine Revised Statutes Title 7 Sec. 2173 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. renewal plan: means a plan, as it exists from time to time, for an urban renewal project. See Maine Revised Statutes Title 30-A Sec. 5101 renewal project: means the undertakings and activities of the authority in an urban renewal area for the elimination and prevention of the development or spread of slums and blight. See Maine Revised Statutes Title 30-A Sec. 5101 Replacement services loss: means expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the injured person would have performed, not for income but for the benefit of the injured person or the injured person's family, if the injured person had not been injured. See Maine Revised Statutes Title 17-A Sec. 2002 Restitution: means :
A. See Maine Revised Statutes Title 17-A Sec. 2002Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Sewer utility: means a municipal sewer department, a sewer district as defined in Title 38, section 1032, subsection 3 or 4 or a sanitary district formed under Title 38, chapter 11. See Maine Revised Statutes Title 30-A Sec. 5061 Shade trees: means trees grown, established or used to screen persons or grounds, structures, walks, pools or other similar objects from wind, sunlight, observation or sound. See Maine Revised Statutes Title 7 Sec. 2173 Slum area: means a blighted area in an extreme state of deterioration and decay. See Maine Revised Statutes Title 30-A Sec. 5101 Statute: A law passed by a legislature. Summons: Another word for subpoena used by the criminal justice system. Takes down or fells: means the cutting for removal of any part of a tree by topping or sections or felling the tree whole. See Maine Revised Statutes Title 7 Sec. 2173 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Third-party right of enforcement: means a right provided in a working waterfront covenant to enforce any of its terms granted by the grantor and holder of the covenant to a governmental body or nonprofit corporation that meets the qualifications of a holder. See Maine Revised Statutes Title 33 Sec. 131 Time share: means a time-share estate or a time-share license. See Maine Revised Statutes Title 33 Sec. 591 Time-share estate: means any interest in a unit or any of several units under which the exclusive right of use, possession or occupancy of the unit circulates among the various time-share owners in the unit in accordance with a fixed time schedule on a periodically recurring basis for periods of time established by the schedule coupled with a freehold estate or an estate for years in a time-share property or a specified portion thereof. See Maine Revised Statutes Title 33 Sec. 591 Time-share instrument: means one or more documents, by whatever name denominated, creating or regulating time shares. See Maine Revised Statutes Title 33 Sec. 591 Time-share license: means a right to occupy a unit or any of several units during 3 or more separated time periods over a period of at least 3 years, including renewal options, not coupled with a freehold estate or an estate for years. See Maine Revised Statutes Title 33 Sec. 591 Time-share owner: means a person who is an owner or co-owner of a time share other than as security for an obligation. See Maine Revised Statutes Title 33 Sec. 591 Time-share property: means one or more time-share units subject to the same time-share instrument, together with any other real estate or rights appurtenant to those units. See Maine Revised Statutes Title 33 Sec. 591 Time-share unit: means a unit in which time shares exist. See Maine Revised Statutes Title 33 Sec. 591 Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Treats or cares for: means the pruning, trimming and shaping of trees when the care requires the person to leave the ground. See Maine Revised Statutes Title 7 Sec. 2173 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. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC Unit: means real property or a portion thereof designated for separate use. See Maine Revised Statutes Title 33 Sec. 591 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Urban Renewal Authority: means a public body corporate, and politic, created under this chapter. See Maine Revised Statutes Title 30-A Sec. 5101 Vendor: means a person who makes a sale of property by means of a land installment contract or his successor in interest. See Maine Revised Statutes Title 33 Sec. 481 Verdict: The decision of a petit jury or a judge. Victim: means a government that suffers economic loss or a person who suffers personal injury, death or economic loss as a result of a crime or the good faith effort of any person to prevent a crime. See Maine Revised Statutes Title 17-A Sec. 2002 work loss: includes pay or benefits unfairly or illegally withheld from the victim by the offender or any unfair labor agreement under Title 26, section 629, as defined by rules adopted by the Department of Labor. See Maine Revised Statutes Title 17-A Sec. 2002 Working waterfront covenant: means an agreement in recordable form between the owner of working waterfront real estate and one or more qualified holders that permits a qualified holder to control, either directly or indirectly, the use, ownership and sales price of working waterfront real estate for the primary purpose of making and preserving the permanent availability and affordability of that real estate for commercial fisheries businesses. See Maine Revised Statutes Title 33 Sec. 131 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72