Maine Revised Statutes > Title 4 > Chapter 5 – District Court
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Terms Used In Maine Revised Statutes > Title 4 > Chapter 5 - District Court
- Adjudicated parent: means a person who has been adjudicated by a court of competent jurisdiction to be the parent of a child. See Maine Revised Statutes Title 19-A Sec. 1832
- Adult: means a person who is 18 years of age or older. See Maine Revised Statutes Title 19-A Sec. 101
- Affiliate: means any company that controls, is controlled by, or is under common control with another company. See Maine Revised Statutes Title 9-B Sec. 131
- Agency: means a branch office of a financial institution at which all or part of the business of the institution is conducted, but the records pertaining to such business are maintained at another office of the institution, and not at such agency office. See Maine Revised Statutes Title 9-B Sec. 131
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Assisted reproduction: means a method of causing pregnancy other than sexual intercourse and includes but is not limited to:
A. See Maine Revised Statutes Title 19-A Sec. 1832Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings. 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. Bailiff: a court officer who enforces the rules of behavior in courtrooms. Branch: means any office of a financial institution, including a credit union, where the business of banking is conducted other than the institution's main office. See Maine Revised Statutes Title 9-B Sec. 131 Bureau: means the Bureau of Financial Institutions. See Maine Revised Statutes Title 9-B Sec. 131 capital: means the sum of common stock, paid-in common stock surplus, perpetual preferred stock, undivided profits and other capital reserves; [PL 1997, c. See Maine Revised Statutes Title 9-B Sec. 131 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 an individual who has not attained 18 years of age. See Maine Revised Statutes Title 19-A Sec. 1732 Child: means an individual of any age whose parentage may be determined under this chapter. See Maine Revised Statutes Title 19-A Sec. 1832 Child custody determination: means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. See Maine Revised Statutes Title 19-A Sec. 1732 Child custody proceeding: means a proceeding in which legal custody, physical custody or visitation with respect to a child is an issue. See Maine Revised Statutes Title 19-A Sec. 1732 Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 19-A Sec. 1501 Commercial activity: means any activity in which a bank holding company, a financial holding company, a national bank or a national bank financial subsidiary may not engage under federal law. See Maine Revised Statutes Title 9-B Sec. 131 Conviction: A judgement of guilt against a criminal defendant. Cooperative financial institution: means any financial institution organized pursuant to chapter 32 in which the earnings and net worth of the institution inure to the ultimate benefit of the members. See Maine Revised Statutes Title 9-B Sec. 131 Counterclaim: A claim that a defendant makes against a plaintiff. Court: means an entity authorized under the law of a state to establish, enforce or modify a child custody determination. See Maine Revised Statutes Title 19-A Sec. 1732 Department: means the Department of Health and Human Services and its agents and authorized representatives. See Maine Revised Statutes Title 19-A Sec. 101 Dependent: A person dependent for support upon another. deposits: includes credit union share accounts. See Maine Revised Statutes Title 9-B Sec. 131 Director: means a member of the governing body of a financial institution. See Maine Revised Statutes Title 9-B Sec. 131 Docket: A log containing brief entries of court proceedings. Embryo: means a cell or group of cells containing a diploid complement of chromosomes or a group of such cells, not including a gamete, that has the potential to develop into a live born human being if transferred into the body of a woman under conditions in which gestation may be reasonably expected to occur. See Maine Revised Statutes Title 19-A Sec. 1832 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 Equity interest: means common stock, preferred stock, members' or partners' interests or any other type of capital instrument that entitles the holder to vote pursuant to the financial institution's organizational documents. See Maine Revised Statutes Title 9-B Sec. 131 Ex officio: Literally, by virtue of one's office. FDIC: means the Federal Deposit Insurance Corporation or its successors. See Maine Revised Statutes Title 9-B Sec. 131 Federal association: means a savings and loan association, savings bank or other financial institution organized pursuant to the Act of Congress entitled "Home Owners' Loan Act of 1933" as amended, or any subsequent Act of Congress relating thereto. See Maine Revised Statutes Title 9-B Sec. 131 Fiduciary: A trustee, executor, or administrator. Financial institution: means a universal bank or limited purpose bank organized under the provisions of this Title, and a trust company, nondepository trust company, savings bank, industrial bank or savings and loan association organized under the prior laws of this State. See Maine Revised Statutes Title 9-B Sec. 131 Financial institution holding company: means any company which is deemed to be a holding company pursuant to the provisions contained in chapter 101. See Maine Revised Statutes Title 9-B Sec. 131 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 Fraud: Intentional deception resulting in injury to another. Gamete: includes :
A. See Maine Revised Statutes Title 19-A Sec. 1832Genetic population group: means , for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual's ancestry or that is so identified by other information. See Maine Revised Statutes Title 19-A Sec. 1832 Genetic testing: includes an analysis of one or a combination of the following:
A. See Maine Revised Statutes Title 19-A Sec. 1832Gestational carrier: means an adult woman who is not an intended parent and who enters into a gestational carrier agreement to bear a child conceived using the gametes of other persons and not her own, except that a woman who carries a child for a family member using her own gametes and who fulfills the requirements of subchapter 8 is a gestational carrier. See Maine Revised Statutes Title 19-A Sec. 1832 Gestational carrier agreement: means a contract between an intended parent or parents and a gestational carrier intended to result in a live birth. See Maine Revised Statutes Title 19-A Sec. 1832 Governing body: means the body that oversees the affairs of a financial institution. See Maine Revised Statutes Title 9-B Sec. 131 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. His: as used in this Title , means "his or her;" while "he" means "he or she. See Maine Revised Statutes Title 9-B Sec. 131 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Intended parent: means a person, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction or a gestational carrier agreement. See Maine Revised Statutes Title 19-A Sec. 1832 Interested party: means a person having a substantial interest in, or who is or may be aggrieved by, any act or impending act, or any report, rule, regulation, amendment, decision or order of the superintendent. See Maine Revised Statutes Title 9-B Sec. 131 Investor: means any person who has an ownership interest in a financial institution and is entitled to vote under the institution's organizational documents. See Maine Revised Statutes Title 9-B Sec. 131 Investor-owned institution: means a financial institution organized under chapter 31. See Maine Revised Statutes Title 9-B Sec. 131 Issuing court: means the court that makes a child custody determination for which enforcement is sought under this chapter. See Maine Revised Statutes Title 19-A Sec. 1732 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. Modification: means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See Maine Revised Statutes Title 19-A Sec. 1732 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. mutual institution: means any financial institution organized pursuant to chapter 32, in which the earnings and net worth of the institution inure to the ultimate benefit of the depositors or members. See Maine Revised Statutes Title 9-B Sec. 131 Mutual voter: means a corporator or member as described in chapter 32. See Maine Revised Statutes Title 9-B Sec. 131 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC National bank: means a bank or bank and trust company organized pursuant to the Act of Congress entitled "The National Bank Act" as amended, or any subsequent Act of Congress relating thereto. See Maine Revised Statutes Title 9-B Sec. 131 Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Oath: A promise to tell the truth. Officer: means an employee of a financial institution who has been given managerial or other high-level duties by the governing body of the financial institution. See Maine Revised Statutes Title 9-B Sec. 131 Organizational document: means the charter, certificate of organization, articles of incorporation, articles of association, articles of organization, certificate of limited liability partnership, bylaws, operating agreement, partnership agreement or any other similar document required to be filed with and approved by the superintendent pursuant to section 314?A or 323. See Maine Revised Statutes Title 9-B Sec. 131 Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101 Parent: means an individual who has established parentage that meets the requirements of this chapter. See Maine Revised Statutes Title 19-A Sec. 1832 Parentage: means the legal relationship between a child and a parent as established in this chapter. See Maine Revised Statutes Title 19-A Sec. 1832 Paternity or maternity index: means , with respect to a person who has undergone genetic testing, the likelihood of genetic paternity or maternity calculated by computing the ratio between:
A. See Maine Revised Statutes Title 19-A Sec. 1832Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the State, instrumentality of the State or other entity. See Maine Revised Statutes Title 19-A Sec. 101 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 19-A Sec. 1732 Person: means an individual, corporation, partnership, joint venture, trust, estate or unincorporated association. See Maine Revised Statutes Title 9-B Sec. 131 Petitioner: means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See Maine Revised Statutes Title 19-A Sec. 1761 Physical custody: means the physical care and supervision of a child. See Maine Revised Statutes Title 19-A Sec. 1732 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Presumed parent: means a person who pursuant to section 1881 is recognized as the parent of a child. See Maine Revised Statutes Title 19-A Sec. 1832 Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 19-A Sec. 1832 Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Respondent: means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. See Maine Revised Statutes Title 19-A Sec. 1761 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Satellite facility: means any facility, automated device or electronic terminal established by a financial institution authorized to do business in this State or a credit union authorized to do business in this State at which an existing financial institution or credit union customer may initiate banking transactions, including, but not limited to, cash deposits to and withdrawals from that customer's account, cash advances on a preauthorized credit line, transfers between deposit or share accounts or payment transfers from the customer's account to accounts of other financial institution or credit union customers. See Maine Revised Statutes Title 9-B Sec. 131 Sign: means , with the intent to authenticate or adopt a record, to:
A. See Maine Revised Statutes Title 19-A Sec. 1832Signatory: means an individual who signs a record and is bound by its terms. See Maine Revised Statutes Title 19-A Sec. 1832 state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 19-A Sec. 101 State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Maine Revised Statutes Title 19-A Sec. 1732 Subsidiary: means a corporation, partnership, business trust, association or similar organization, all of which are referred to in this subsection as "another company" owned or controlled by a financial institution or financial institution holding company. See Maine Revised Statutes Title 9-B Sec. 131 Superintendent: means the Superintendent of Financial Institutions. See Maine Revised Statutes Title 9-B Sec. 131 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Thrift institution: means a savings bank or a savings and loan association organized under the prior laws of this State. See Maine Revised Statutes Title 9-B Sec. 131 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. Trustee: A person or institution holding and administering property in trust. Universal bank: means an investor-owned institution or a mutual financial institution authorized by its organizational documents to exercise all the powers granted in Part 4 and includes a trust company, a savings bank and a savings and loan association chartered by special act of the Legislature, established prior to October 1, 1975 or established pursuant to this Title. See Maine Revised Statutes Title 9-B Sec. 131 Uphold: The decision of an appellate court not to reverse a lower court decision. Venue: The geographical location in which a case is tried. Warrant: means an order issued by a court authorizing law enforcement officers to take physical custody of a child. See Maine Revised Statutes Title 19-A Sec. 1732