Maine Revised Statutes > Title 35-A > Part 3 > Chapter 31 – General Provisions
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Terms Used In Maine Revised Statutes > Title 35-A > Part 3 > Chapter 31 - General Provisions
- Abutting property: means , with respect to a parcel of land, another parcel of land that shares a common property boundary, except that "abutting property" does not include a parcel of land separated from another parcel by a public road or highway. See Maine Revised Statutes Title 35-A Sec. 102
- Affiliate: means any person who, as determined by the commission:
A. See Maine Revised Statutes Title 35-A Sec. 3180Amendment: 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. 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. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels. 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 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 Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself. Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102 Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 411 Commissioner: means the Commissioner of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054 Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife. 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. Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Corridor: means an area no greater than 1/2 mile in width in which a proposed transmission line is to be located. See Maine Revised Statutes Title 35-A Sec. 3131 Cost-effective: means , with respect to nonwires alternatives, that benefits exceed costs, as determined by benefit-cost analysis conducted pursuant to section 3132?C, subsection 2. See Maine Revised Statutes Title 35-A Sec. 3131 Courses of study: means the courses of study for the elementary and secondary schools that are in alignment with the system of learning results as established in section 6209 and consistent with the requirements of this Title. See Maine Revised Statutes Title 20-A Sec. 1 Customer: includes any person, government or governmental division which has applied for, been accepted and is currently receiving service from a public utility. See Maine Revised Statutes Title 35-A Sec. 102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1 Department: means the Department of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054 Dependent: A person dependent for support upon another. Devise: To gift property by will. Direct-marketing: means the marketing of agricultural commodities by farmers directly to consumers. See Maine Revised Statutes Title 7 Sec. 411 Disaster relief organization: means an entity that provides emergency or disaster relief services that include health services or veterinary services provided by volunteer health practitioners as long as the entity:
A. See Maine Revised Statutes Title 37-B Sec. 949-ADisclaimant: means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. See Maine Revised Statutes Title 18-C Sec. 2-902 Disclaimed interest: means the interest that would have passed to the disclaimant had the disclaimer not been made. See Maine Revised Statutes Title 18-C Sec. 2-902 Disclaimer: means the refusal to accept an interest in or power over property. See Maine Revised Statutes Title 18-C Sec. 2-902 Domestic transmission and distribution utility: means any entity organized under the laws of this State to transmit or distribute electricity. See Maine Revised Statutes Title 35-A Sec. 3131 Donee: The recipient of a gift. Donor: The person who makes a gift. Economic development incentive: means federal and state statutorily defined programs that receive state funds, dedicated revenue funds and tax expenditures as defined by section 1666 whose purposes are to create, attract or retain business entities related to business development in the State. See Maine Revised Statutes Title 5 Sec. 13070-J Economic development investments: means commitments of state funds, dedicated revenue funds and tax expenditures as defined by section 1666 for research and development activities and economic development incentive programs. See Maine Revised Statutes Title 5 Sec. 13070-J Economic development proposal: means proposed legislation that establishes a new program or that expands an existing program that:
(1) Is intended to encourage significant business expansion or retention in the State; and
(2) Contains a tax expenditure, as defined in section 1666, or a budget expenditure with a cost that is estimated to exceed $100,000 per year. See Maine Revised Statutes Title 5 Sec. 13070-JEmergency: means an event or condition that is an actual or imminent civil emergency or disaster or an actual or threatened epidemic or public health threat that is the subject of an emergency proclamation pursuant to section 742 or an emergency declaration pursuant to Title 22, section 802. See Maine Revised Statutes Title 37-B Sec. 949-A Emergency declaration: means a declaration or proclamation of emergency issued by a person authorized to do so under the laws of this State. See Maine Revised Statutes Title 37-B Sec. 949-A Emergency Management Assistance Compact: means the interstate compact approved by the United States Congress in Public Law 104-321 (1996) and adopted by this State in chapter 16. See Maine Revised Statutes Title 37-B Sec. 949-A Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Entity: means a person other than an individual. See Maine Revised Statutes Title 37-B Sec. 949-A 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. Executor: A male person named in a will to carry out the decedent Fiduciary: A trustee, executor, or administrator. Fiduciary: means a personal representative, trustee, agent acting under a power of attorney or other person authorized to act as a fiduciary with respect to the property of another person. See Maine Revised Statutes Title 18-C Sec. 2-902 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 Foreign electric utility: means any entity organized under the laws of a state other than this State, or a province of Canada, that is authorized under the laws of the state or province in which it is organized to generate, transmit or distribute electricity, or to own, operate or otherwise participate in utility facilities or interests in utility facilities. See Maine Revised Statutes Title 35-A Sec. 3131 Fund: means the Maine Microenterprise Initiative Fund established in section 13063?K. See Maine Revised Statutes Title 5 Sec. 13063-J Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. 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. Health facility: means an entity licensed under the laws of this State or another state to provide health services or veterinary services. See Maine Revised Statutes Title 37-B Sec. 949-A Health practitioner: means an individual licensed under the laws of this State or another state to provide health services or veterinary services. See Maine Revised Statutes Title 37-B Sec. 949-A Health services: means the provision of treatment, care, advice or guidance or other services or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:
A. See Maine Revised Statutes Title 37-B Sec. 949-AHigh-impact electric transmission line: means a transmission line greater than 50 miles in length that is:
A. See Maine Revised Statutes Title 35-A Sec. 3131Highway: includes any private or public street, way or other place used for travel to or from property. See Maine Revised Statutes Title 37-B Sec. 1004 Highway commissioners: means an individual, board or other body having authority under law to discontinue the use of the highway which it is desired to restrict or close to public use and travel. See Maine Revised Statutes Title 37-B Sec. 1004 Homeless student: means a person eligible to attend elementary or secondary school pursuant to section 5201 who:
A. See Maine Revised Statutes Title 20-A Sec. 1Host entity: means an entity operating in this State that uses volunteer health practitioners to respond to an emergency. See Maine Revised Statutes Title 37-B Sec. 949-A in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 International Emergency Management Assistance Compact: means the mutual assistance compact described in chapter 16-A. See Maine Revised Statutes Title 37-B Sec. 949-A Intestate: Dying without leaving a will. Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants. Jointly held property: means property held in the name of 2 or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property. See Maine Revised Statutes Title 18-C Sec. 2-902 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 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 License: includes authorization under the laws of this State to an individual to provide health services or veterinary services based upon a national certification issued by a public or private entity. See Maine Revised Statutes Title 37-B Sec. 949-A Lien: A claim against real or personal property in satisfaction of a debt. 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 Microenterprise: means a business located in the State that produces goods or provides services and has fewer than 10 full-time equivalent employees. See Maine Revised Statutes Title 5 Sec. 13063-J Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Nonwires alternative: includes but is not limited to energy efficiency and conservation measures, energy storage, load management, demand response and distributed generation. See Maine Revised Statutes Title 35-A Sec. 3131 Nonwires alternative coordinator: means the person or entity providing services under contract to the Office of the Public Advocate as described in section 1701, subsection 2?A. See Maine Revised Statutes Title 35-A Sec. 3131 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. 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. Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor Person: means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 37-B Sec. 949-A Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity. See Maine Revised Statutes Title 18-C Sec. 2-902 Person: includes a corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, trust, estate, any other legal entity or natural person. See Maine Revised Statutes Title 35-A Sec. 102 Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. 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 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public utility: includes any pipe line, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, railroad, airplane, transportation, communication or other system operated for public use regardless of ownership. See Maine Revised Statutes Title 37-B Sec. 1004 Public utility: includes every gas utility, natural gas pipeline utility, transmission and distribution utility, telephone utility, water utility and ferry, as those terms are defined in this section, and each of those utilities is declared to be a public utility. See Maine Revised Statutes Title 35-A Sec. 102 Rate design stability: means the implementation of interclass cost allocation or intraclass rate design changes to any existing customer class, of the magnitude or on such a schedule as to not be seriously adverse to the existing class of customers. See Maine Revised Statutes Title 35-A Sec. 102 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. 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. Research and development activities: means activities that directly or through capital investment support basic and applied scientific research and related commercial development funded by state appropriations and bond proceeds. See Maine Revised Statutes Title 5 Sec. 13070-J Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners. Scope of practice: means the extent of the authorization to provide health services or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority. See Maine Revised Statutes Title 37-B Sec. 949-A Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, any territory or insular possession subject to the jurisdiction of the United States or a Canadian province that is a party to the International Emergency Management Assistance Compact. See Maine Revised Statutes Title 37-B Sec. 949-A State: includes an Indian tribe or band or Alaskan native village recognized by federal law or formally acknowledged by a state. See Maine Revised Statutes Title 18-C Sec. 2-902 State board: means the State Board of Education. See Maine Revised Statutes Title 20-A Sec. 1 State strategic economic improvement plan: means the long-term economic plan for the State's economy developed by the Maine Economic Growth Council pursuant to Title 10, section 929?A, subsection 1. See Maine Revised Statutes Title 5 Sec. 13070-J Statute: A law passed by a legislature. Summons: Another word for subpoena used by the criminal justice system. Superintendent: means the person in a school administrative unit or school union appointed and having the authority and responsibility under this Title and other applicable statutes. See Maine Revised Statutes Title 20-A Sec. 1 Testator: A male person who leaves a will at death. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Transmission and distribution plant: means all real estate, fixtures and personal property owned, controlled, operated or managed in connection with or to facilitate the transmission, distribution or delivery of electricity for light, heat or power for public use and includes all conduits, ducts and other devices, materials, apparatus and property for containing, holding or carrying conductors used, or to be used, for the transmission or distribution of electricity for light, heat or power for public use. See Maine Revised Statutes Title 35-A Sec. 102 Transmission and distribution utility: means a person, its lessees, trustees or receivers or trustees appointed by a court, owning, controlling, operating or managing a transmission and distribution plant for compensation within the State, except where the electricity is distributed by the entity that generates the electricity through private property alone solely for the use of:
A. See Maine Revised Statutes Title 35-A Sec. 102Transmission capacity: means an entitlement to transmission services over a transmission line with a capacity greater than 100 kilovolts for periods greater than 3 years. See Maine Revised Statutes Title 35-A Sec. 3131 Trust: means :
A. See Maine Revised Statutes Title 18-C Sec. 2-902Trustee: A person or institution holding and administering property in trust. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Utility facility: means an item of plant used or useful in the transmission and distribution utility business, and includes, but is not limited to, such items of plant as transmission lines, office buildings and equipment and transportation equipment. See Maine Revised Statutes Title 35-A Sec. 3131 Veterinary services: means the provision of treatment, care, advice or guidance or other services or supplies related to the health or death of an animal or to animal populations, to the extent necessary to respond to an emergency, including:
A. See Maine Revised Statutes Title 37-B Sec. 949-AVolunteer health practitioner: means a health practitioner who provides health services or veterinary services while an emergency declaration is in effect, whether or not the practitioner receives compensation for those services. See Maine Revised Statutes Title 37-B Sec. 949-A 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