Maine Revised Statutes > Title 37-B > Chapter 5 – Maine Code of Military Justice
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Terms Used In Maine Revised Statutes > Title 37-B > Chapter 5 - Maine Code of Military Justice
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- ACT: means a self-contained service with a fixed point of responsibility for providing treatment, rehabilitation and support services to persons with mental illness for whom other community-based treatment approaches have been unsuccessful. See Maine Revised Statutes Title 34-B Sec. 3801
- active state service: means all military duty performed as a member of the state military forces pursuant to this Title or the United States Code, Title 32. See Maine Revised Statutes Title 37-B Sec. 101-A
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Agency: means a person, firm, association or corporation, but does not include the individual or corporate professional practice of one or more psychologists or psychiatrists. See Maine Revised Statutes Title 34-B Sec. 3601
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- 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
- Case management services: means those services which assist an individual in gaining access to and making effective use of the range of medical, psychological and other related services available to them. See Maine Revised Statutes Title 34-B Sec. 3601
- Chief administrative officer: means the head of a state institution or the head of any other institution which provides services which fall under the jurisdiction of the department. See Maine Revised Statutes Title 34-B Sec. 1001
- Circumstantial evidence: All evidence except eyewitness testimony.
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Commissioner: means the Commissioner of Health and Human Services or the commissioner's designee, except that when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Health and Human Services and not to any designee. See Maine Revised Statutes Title 34-B Sec. 1001
- Continuance: Putting off of a hearing ot trial until a later time.
- 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.
- Corrections officer: means a person who is responsible for the custody or direct supervision of a person confined in a jail, prison or state correctional facility pursuant to an order of a court or as a result of an arrest and who possesses a current and valid certificate issued by the Board of Trustees of the Maine Criminal Justice Academy pursuant to Title 25, section 2803-A. See Maine Revised Statutes Title 34-A Sec. 3101
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Department: means the Department of Corrections. See Maine Revised Statutes Title 34-A Sec. 1001
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001
- Dependent: A person dependent for support upon another.
- Designated nonstate mental health institution: means a nonstate mental health institution that is under contract with the department for receipt by the hospital of involuntary patients. See Maine Revised Statutes Title 34-B Sec. 3801
- Detention facility: means the Long Creek Youth Development Center. See Maine Revised Statutes Title 34-A Sec. 1001
- 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.
- Docket: A log containing brief entries of court proceedings.
- Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72
- Donee: The recipient of a gift.
- Dower: A widow
- 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.
- 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
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- 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.
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72
- 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.
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Inability to make an informed decision: means being unable to make a responsible decision whether to accept or refuse a recommended treatment as a result of lack of mental capacity to understand sufficiently the benefits and risks of the treatment after a thorough and informative explanation has been given by a qualified mental health professional. See Maine Revised Statutes Title 34-B Sec. 3801
- Intestate: Dying without leaving a will.
- Juvenile: means juvenile client or juvenile detainee. See Maine Revised Statutes Title 34-A Sec. 3101
- Juvenile client: means a juvenile committed to a juvenile correctional facility who is either residing at the facility or is on community reintegration status, or ordered confined in a juvenile correctional facility pursuant to Title 12, section 6004, 8004 or 10608; Title 15, section 3314, subsection 1, paragraph H; Title 15, section 3314, subsection 7; or Title 29?A, section 115. See Maine Revised Statutes Title 34-A Sec. 1001
- Juvenile detainee: means a juvenile detained at a departmental juvenile facility pending a court proceeding or pursuant to Title 15, section 3312, subsection 3, paragraph D. See Maine Revised Statutes Title 34-A Sec. 1001
- Labor: means the period of time before a birth during which contractions are of sufficient frequency, intensity and duration to bring about effacement and progressive dilation of the cervix. See Maine Revised Statutes Title 34-A Sec. 3101
- 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
- Least restrictive form of transportation: means the vehicle used for transportation and any restraining devices that may be used during transportation that impose the least amount of restriction, taking into consideration the stigmatizing impact upon the individual being transported. See Maine Revised Statutes Title 34-B Sec. 3801
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Licensed clinical psychologist: means a person licensed under the laws of the State as a psychologist and who practices clinical psychology. See Maine Revised Statutes Title 34-B Sec. 3801
- Licensed physician: means a person licensed under the laws of the State to practice medicine or osteopathy or a medical officer of the Federal Government while in this State in the performance of official duties. See Maine Revised Statutes Title 34-B Sec. 3801
- Likelihood of serious harm: means :
A. See Maine Revised Statutes Title 34-B Sec. 3801Long-term mentally ill: means persons who suffer certain mental or emotional disorders, such as organic brain syndrome, schizophrenia, recurrent depressive and manic-depressive disorders, paranoid and other psychoses, plus other disorders which may become chronic, that erode or prevent the capacities in relation to 3 or more of the primary aspects of daily life, such as personal hygiene and self-care, self-direction, interpersonal relationships, social transactions, learning, recreation and economic self-sufficiency. See Maine Revised Statutes Title 34-B Sec. 3601 Mental health services: means out-patient counseling, other psychological, psychiatric, diagnostic or therapeutic services and other allied services. See Maine Revised Statutes Title 34-B Sec. 3601 Mentally ill person: includes persons suffering effects from the use of drugs, narcotics, hallucinogens or intoxicants, including alcohol. See Maine Revised Statutes Title 34-B Sec. 3801 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. 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 Nonstate mental health institution: means a public institution, a private institution or a mental health center, which is administered by an entity other than the State and which is equipped to provide inpatient care and treatment for the mentally ill. See Maine Revised Statutes Title 34-B Sec. 3801 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. 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. Patient: means a person under observation, care or treatment in a psychiatric hospital or residential care facility pursuant to this subchapter, a person receiving services from an assertive community treatment team, a person receiving intensive mental health management services from the department or a person being evaluated for emergency admission under section 3863 in a hospital emergency department. See Maine Revised Statutes Title 34-B Sec. 3801 Personal property: All property that is not real property. Postpartum recovery: means , as determined by a woman's physician, the period immediately following delivery, including the entire period the woman is in the hospital or infirmary after giving birth. See Maine Revised Statutes Title 34-A Sec. 3101 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 practitioner: means a licensed physician, licensed physician assistant, certified psychiatric clinical nurse specialist, certified nurse practitioner or licensed clinical psychologist. See Maine Revised Statutes Title 34-B Sec. 3801 Prescriber: means a licensed health care provider with authority to prescribe, including a licensed physician, certified nurse practitioner or licensed physician assistant who has training or experience in psychopharmacology. See Maine Revised Statutes Title 34-B Sec. 3801 Probable cause: A reasonable ground for belief that the offender violated a specific law. program: means a program of court-ordered services provided to participants under section 3873?A. See Maine Revised Statutes Title 34-B Sec. 3801 Psychiatric hospital: means :
A. See Maine Revised Statutes Title 34-B Sec. 3801Real 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 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. Resident: means a person residing in a state institution or in any other institution which provides services which fall under the jurisdiction of the department. See Maine Revised Statutes Title 34-B Sec. 1001 Residential care facility: means a licensed or approved boarding care, nursing care or foster care facility which supplies supportive residential care to individuals due to their mental illness. See Maine Revised Statutes Title 34-B Sec. 3801 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Restraints: means any physical restraint or mechanical device used to control the movement of a prisoner's or juvenile's body or limbs, including, but not limited to, disposable or soft restraints, handcuffs, a security restraint system that combines handcuffs with a rigid component, leg irons, belly chains, a security or tether chain and a convex shield. See Maine Revised Statutes Title 34-A Sec. 3101 Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners. 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. Severe and persistent mental illness: means a diagnosis of one or more qualifying mental illnesses or disorders plus a listed disability or functional impairment that has persisted continuously or intermittently or is expected to persist for at least one year as a result of that disease or disorder. See Maine Revised Statutes Title 34-B Sec. 3801 State institution: means :
A. See Maine Revised Statutes Title 34-B Sec. 1001State mental health institute: means the Riverview Psychiatric Center or the Dorothea Dix Psychiatric Center. See Maine Revised Statutes Title 34-B Sec. 3801 Statute: A law passed by a legislature. Testate: To die leaving a will. 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. 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. Venue: The geographical location in which a case is tried. Writ: A formal written command, issued from the court, requiring the performance of a specific act. Written political material: means flyers, handbills or other nonperiodical publications which are subject to the restrictions of Title 21?A, chapter 13. See Maine Revised Statutes Title 34-B Sec. 1001