Maine Revised Statutes > Title 14 > Part 3 – Trial and Judgment
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Terms Used In Maine Revised Statutes > Title 14 > Part 3 - Trial and Judgment
- Abutting land: means real estate that shares a common boundary, or portion of a boundary, with land that is held in common ownership with land registered or being considered for registration under this chapter when the abutting real estate is within 50 feet of the land registered or being considered for registration. See Maine Revised Statutes Title 7 Sec. 52
- Academy: means the Maine Maritime Academy and its activities and functions supervised by its board of trustees or their designee. See Maine Revised Statutes Title 26 Sec. 1022
- Account: means any one of the 3 accounts created under section 4606. See Maine Revised Statutes Title 24-A Sec. 4605-A
- Act: means the Animal Welfare Act. See Maine Revised Statutes Title 7 Sec. 3907
- 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.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agent: means an individual:
A. See Maine Revised Statutes Title 22 Sec. 2942Agricultural chemicals: means fungicides, insecticides, herbicides, and other pesticides. See Maine Revised Statutes Title 7 Sec. 52 Agricultural society: means a nonprofit organization or association incorporated in the State to promote education and encourage improvement in agriculture. See Maine Revised Statutes Title 7 Sec. 81 Allegation: something that someone says happened. 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. Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purposes of transplantation, therapy, research or education. See Maine Revised Statutes Title 22 Sec. 2942 Animal: means an animal entered in an event. See Maine Revised Statutes Title 7 Sec. 81 Animal: means a dog, wholly of the species canis familiaris, or a cat, wholly or in part of the species felis domesticus. See Maine Revised Statutes Title 7 Sec. 4151 Animal: means every living, sentient creature not a human being. See Maine Revised Statutes Title 7 Sec. 3907 Animal control: means control of dogs, cats, and domesticated or undomesticated animals in accordance with section 3948. See Maine Revised Statutes Title 7 Sec. 3907 Animal control officer: means the person appointed periodically by a municipality pursuant to chapter 725. See Maine Revised Statutes Title 7 Sec. 3907 Animal feeding operation: means a lot or facility where animals are confined and fed for a total of at least 45 days in a 12-month period. See Maine Revised Statutes Title 7 Sec. 4201 Animal rescue entity: means a nonprofit organization having tax-exempt status under the United States Internal Revenue Code, Section 501(c)(3) whose mission and practice is, in whole or in significant part, the rescue and placement into permanent homes of animals and that does not breed animals. See Maine Revised Statutes Title 7 Sec. 4151 Animal shelter: means a:
A. See Maine Revised Statutes Title 7 Sec. 3907Animal unit: means 1,000 pounds of animal body weight. See Maine Revised Statutes Title 7 Sec. 4201 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. 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 Archery equipment: means a bow or crossbow. See Maine Revised Statutes Title 12 Sec. 10001 Association: means the Maine Life and Health Insurance Guaranty Association created under section 4606. See Maine Revised Statutes Title 24-A Sec. 4605-A Association: means any corporation organized under this chapter. See Maine Revised Statutes Title 13 Sec. 2003 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. authorized: when used in the context of assessments means that a resolution by the board of directors of the association has been passed whereby an assessment will be called immediately or in the future from member insurers for a specified amount; an assessment is authorized when the resolution is passed. See Maine Revised Statutes Title 24-A Sec. 4605-A Average wholesale price: means the average wholesale price of a prescription drug as identified by a national drug pricing source selected by a health insurer. See Maine Revised Statutes Title 24-A Sec. 4347 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. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Bargaining agent: means any lawful organization, association or individual representative of such organization or association which has as its primary purpose the representation of employees in their employment relations with employers, and which has been determined by the public employer or by the executive director of the board to be the choice of the majority of the unit as their representative. See Maine Revised Statutes Title 26 Sec. 962 Bargaining agent: means any lawful organization, association or individual representative of such organization or association which has as its primary purpose the representation of employees in their employment relations with employers, and which has been determined by the public employer as defined in subsection 5 or by the executive director of the board to be the choice of the majority of the unit as their representative. See Maine Revised Statutes Title 26 Sec. 979-A Bargaining agent: means any lawful organization, association or individual representative of such organization or association, which has as one of its primary purposes the representation of employees in their employment relations with employers and which has been certified by the Executive Director of the Maine Labor Relations Board. See Maine Revised Statutes Title 26 Sec. 1022 Barrier: means any wire, cable, cable wire, chain link, lumber, gate or other similar device placed or erected across a town way for the purpose of barring access to that way. See Maine Revised Statutes Title 23 Sec. 3271 Basic necessities: means food, potable water, clothing, shelter, fuel, electricity, nonelective medical services as recommended by a physician, nonprescription drugs, telephone where it is necessary for medical reasons and any other commodity or service determined essential by the overseer in accordance with the municipality's ordinance and this chapter. See Maine Revised Statutes Title 22 Sec. 4301 Benefit plan: means a specific employee, union or association of natural persons benefit plan. See Maine Revised Statutes Title 24-A Sec. 4605-A Bequest: Property gifted by will. Board: means the Maine Labor Relations Board referred to in section 968. See Maine Revised Statutes Title 26 Sec. 962 Board: means the Maine Labor Relations Board as defined in section 968, subsection 1. See Maine Revised Statutes Title 26 Sec. 979-A Board: means the Maine Labor Relations Board as defined in section 968, subsection 1. See Maine Revised Statutes Title 26 Sec. 1022 Board: means the Nutrient Management Review Board established in section 4203. See Maine Revised Statutes Title 7 Sec. 4201 Board of directors: means the board of directors of the association. See Maine Revised Statutes Title 24-A Sec. 4605-A Board of Trustees: means the Board of Trustees of the University of Maine System, the Board of Trustees of the Maine Maritime Academy or the Board of Trustees of the Maine Community College System. See Maine Revised Statutes Title 26 Sec. 1022 Bonds: means any bonds, notes, interim certificates, debentures or other obligations issued by an authority under this chapter. See Maine Revised Statutes Title 30-A Sec. 4702 Bonds: means bonds of the bank issued under this chapter. See Maine Revised Statutes Title 30-A Sec. 5903 Breeder: means a person, firm, partnership, corporation or association that breeds animals for direct or indirect sale to the public. See Maine Revised Statutes Title 7 Sec. 4151 Breeding kennel: means a location where 5 or more adult female dogs or cats capable of breeding are kept and some or all of the offspring are offered for sale, sold or exchanged for value or a location where more than 16 dogs or cats raised on the premises are sold to the public in a 12-month period. See Maine Revised Statutes Title 7 Sec. 3907 called: when used in the context of assessments means that a notice has been issued by the association to member insurers requiring that an authorized assessment be paid within the time frame set forth within the notice; an authorized assessment becomes a called assessment when notice is mailed by the association to member insurers. See Maine Revised Statutes Title 24-A Sec. 4605-A Capital reserve fund: means any capital reserve fund created or established as provided in section 6006, subsection 1?A. See Maine Revised Statutes Title 30-A Sec. 5903 Cat: means a member of the genus and species known as Felis catus. See Maine Revised Statutes Title 7 Sec. 3907 certified seed: as used in this Title shall be deemed to mean potato, vegetable, forage crop or grain seeds as shall have been grown and prepared for sale in accordance with regulations laid down by the commissioner and for which a certificate or tag has been issued as provided in section 2103. See Maine Revised Statutes Title 7 Sec. 2101 Certified seed source: means a source of hemp seeds that are certified by a 3rd party as producing hemp having a delta?9?tetrahydrocannabinol concentration of not more than 0. See Maine Revised Statutes Title 7 Sec. 2231 Chief Medical Examiner: means the Office of Chief Medical Examiner within the Office of the Attorney General. See Maine Revised Statutes Title 22 Sec. 2942 Child: means an individual who has not attained 18 years of age. See Maine Revised Statutes Title 22 Sec. 4252 Classified employee: means any employee not engaged in professional work as defined in subsection 7. See Maine Revised Statutes Title 26 Sec. 1022 Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records. Clone: means a hemp plant produced using any part of another hemp plant other than the seeds of that hemp plant. See Maine Revised Statutes Title 7 Sec. 2231 Commissioner: includes a designee of the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 2211 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agent. See Maine Revised Statutes Title 7 Sec. 3907 Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Commissioner: means the Commissioner of Transportation. See Maine Revised Statutes Title 23 Sec. 4203 Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process. 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. Community college: means the Maine state community colleges and their activities and functions supervised by the Board of Trustees of the Maine Community College System or its designee. See Maine Revised Statutes Title 26 Sec. 1022 Compensation: means any direct or indirect financial benefit, including, but not limited to, rebates, discounts, credits, fees, grants, charge?backs or other payments or benefits of any kind. See Maine Revised Statutes Title 24-A Sec. 4347 Compensatory damages: includes , but is not limited to, past and future medical expenses, lost earnings, pain, suffering, mental anguish, emotional distress and loss of enjoyment of life. See Maine Revised Statutes Title 14 Sec. 8305 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Continuance: Putting off of a hearing ot trial until a later time. Contractual obligation: means an obligation under a policy or contract or certificate under a group policy or contract, or portion thereof, for which coverage is provided under section 4603. See Maine Revised Statutes Title 24-A Sec. 4605-A Conviction: A judgement of guilt against a criminal defendant. Coordinated community program: means a system for providing all necessary social services in a manner designed to:
A. See Maine Revised Statutes Title 22 Sec. 5114Corporation: 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. Cost items: means the provisions of a collective bargaining agreement which requires an appropriation by the Legislature. See Maine Revised Statutes Title 26 Sec. 979-A Cost items: means the provisions of a collective bargaining agreement which require specific funding. See Maine Revised Statutes Title 26 Sec. 1022 Counterclaim: A claim that a defendant makes against a plaintiff. Covered person: includes the authorized representative of a covered person. See Maine Revised Statutes Title 24-A Sec. 4347 covered policy or contract: means a policy or contract or portion of a policy or contract for which coverage is provided under section 4603. See Maine Revised Statutes Title 24-A Sec. 4605-A Crossbow: means a device for propelling an arrow or bolt by means of traverse limbs and a string, mounted on a stock and having a working mechanical trigger safety device and a minimum draw weight of 100 pounds. See Maine Revised Statutes Title 12 Sec. 10001 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Decedent: includes a stillborn infant and, subject to restrictions imposed by law other than this chapter, a fetus. See Maine Revised Statutes Title 22 Sec. 2942 Deductible: means the amount an enrollee is responsible to pay out of pocket before a health maintenance organization begins to pay the costs associated with treatment. See Maine Revised Statutes Title 24-A Sec. 4202-A Deed: The legal instrument used to transfer title in real property from one person to another. Default: means the failure of a member state to perform the obligations or responsibilities imposed upon it by this chapter or the bylaws or rules of the interstate commission. See Maine Revised Statutes Title 22 Sec. 4252 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Demand letter: means a letter, an e-mail or other written communication asserting that a target has engaged in patent infringement. See Maine Revised Statutes Title 14 Sec. 8701 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Department: means the Department of Transportation. See Maine Revised Statutes Title 23 Sec. 4203 Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Dependent: A person dependent for support upon another. Devise: To gift property by will. Direct costs: means the total value of general assistance benefits paid out by a municipality that is in compliance with this chapter and the municipality's general assistance ordinance. See Maine Revised Statutes Title 22 Sec. 4301 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Disinterested witness: means a witness other than the spouse, domestic partner, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual and who is familiar with the individual's personal values. See Maine Revised Statutes Title 22 Sec. 2942 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Dispensing fee: means the professional fee incurred at the point of sale or service that pays for pharmacy costs, in excess of ingredient cost, associated with ensuring that possession of the appropriate prescription drug is transferred to a covered person. See Maine Revised Statutes Title 24-A Sec. 4347 Docket: A log containing brief entries of court proceedings. Document of gift: means a donor card, advance directive or other record used to make an anatomical gift. See Maine Revised Statutes Title 22 Sec. 2942 Dog: means a member of the genus and species known as canis familiaris, except that in chapters 720, 721, 725, 727, 729 and 739 "dog" means a member of the genus and species known as canis familiaris or any canine, regardless of generation, resulting from the interbreeding of a member of canis familiaris with a wolf hybrid. See Maine Revised Statutes Title 7 Sec. 3907 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 Donor: The person who makes a gift. Donor: means an individual whose body or part is the subject of an anatomical gift. See Maine Revised Statutes Title 22 Sec. 2942 Donor registry: means the Maine Organ Donor Registry maintained under Title 29?A, section 1402?A as well as any other electronic database that identifies donors and complies with section 2958. See Maine Revised Statutes Title 22 Sec. 2942 Dower: A widow Downtown: means :
A. See Maine Revised Statutes Title 30-A Sec. 5903Downtown improvement: includes facade, utility relocation or extension, historic preservation and parking and road improvement; elevator, sprinkler system and traffic control devices installation; purchase of development rights for a park or open space and construction of park and open space amenities; and public toilet, streetscape, sidewalk and curb installation or upgrade. See Maine Revised Statutes Title 30-A Sec. 5903 Driver: means a person who drives or controls the animal that is pulling in a pulling event. See Maine Revised Statutes Title 7 Sec. 81 Dwelling unit: means a building or part thereof used for separate living quarters for one or more persons living as a single housekeeping unit. See Maine Revised Statutes Title 22 Sec. 4301 Eel: means a member of the species Anguilla rostrata in that stage of its life cycle when it is 9 inches or more in length. See Maine Revised Statutes Title 12 Sec. 10001 Eel pot: means a cylindrical or rectangular trap with funnels that is baited and used to harvest eels. See Maine Revised Statutes Title 12 Sec. 10001 Eligible person: means a person who is qualified to receive general assistance from a municipality according to standards of eligibility determined by the municipal officers whether or not that person has applied for general assistance. See Maine Revised Statutes Title 22 Sec. 4301 Elver: means a member of the species Anguilla rostrata in that stage of its life cycle when it is less than 9 inches in length. See Maine Revised Statutes Title 12 Sec. 10001 Emergency: means any life threatening situation or a situation beyond the control of the individual which, if not alleviated immediately, could reasonably be expected to pose a threat to the health or safety of a person. See Maine Revised Statutes Title 22 Sec. 4301 Emergency medical service: means :
A. See Maine Revised Statutes Title 14 Sec. 8102emergency purposes: means any situation in which no other permanent lodging is available unless a security deposit is paid. See Maine Revised Statutes Title 22 Sec. 4301 Employee: means a person acting on behalf of a governmental entity in any official capacity, whether temporarily or permanently, and whether with or without compensation from local, state or federal funds, including:
A. See Maine Revised Statutes Title 14 Sec. 8102Endangered species: means a species of fish or wildlife that has been determined by the commissioner to be in danger of extinction throughout all or a significant portion of its range and that is listed as a state endangered species under section 12803, subsection 3. See Maine Revised Statutes Title 12 Sec. 10001 Enrollee: means an individual who is enrolled in a health maintenance organization. See Maine Revised Statutes Title 24-A Sec. 4202-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. Equine: means a horse, pony, mule, donkey or hinny. See Maine Revised Statutes Title 7 Sec. 4101 Equine activity: includes but is not limited to the following:
A. See Maine Revised Statutes Title 7 Sec. 4101Equine activity sponsor: means an individual, group, club, partnership, corporation or other entity, whether operating for profit or nonprofit, that sponsors, organizes or provides the facilities for an equine activity, including, but not limited to: pony clubs; 4-H clubs; field trial clubs; hunt clubs; riding clubs; classes or programs sponsored by a school or college; therapeutic riding programs; and operators, instructors and promoters of equine facilities at which equine activities are held, including, but not limited to, stables, clubhouses, ponyride strings, fairs and arenas. See Maine Revised Statutes Title 7 Sec. 4101 Equine event: means an event in which an equine activity occurs, including, but not limited to, fairs, competitions, performances or parades that involve any breed of equine and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, 3-day events, combined training, 4-H events, Pony Club events, rodeos, driving, pulling, cutting, reining, team penning, barrel racing, polo, steeplechasing, endurance or nonendurance trail riding, English and western performance riding, games, packing, recreational riding and hunting. See Maine Revised Statutes Title 7 Sec. 4101 Equine professional: means a person engaged for compensation:
A. See Maine Revised Statutes Title 7 Sec. 4101equipment: as used in this chapter mean any and all services, articles or things that are used by or furnished to the State or any department or agency thereof, and any and all printing, binding, publication of laws, journals and reports. See Maine Revised Statutes Title 5 Sec. 1812 Equipment purchases: means the purchase of new or updated equipment and any capital improvements necessary to use the new or updated equipment by career and technical education centers or career and technical education regions. See Maine Revised Statutes Title 30-A Sec. 5903 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 Event: means a pulling competition or livestock exhibition. See Maine Revised Statutes Title 7 Sec. 81 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. Ex officio: Literally, by virtue of one's office. Executive director: means the Executive Director of the Maine Labor Relations Board. See Maine Revised Statutes Title 26 Sec. 962 Executive director: means the Executive Director of the Maine Labor Relations Board as defined in section 968, subsection 2. See Maine Revised Statutes Title 26 Sec. 979-A Executive Director: means the Executive Director of the Maine Labor Relations Board as defined in section 968, subsection 2. See Maine Revised Statutes Title 26 Sec. 1022 Executor: A male person named in a will to carry out the decedent Extra-contractual claims: includes , for example, claims relating to bad faith in the payment of claims, punitive or exemplary damages or attorney's fees and costs. See Maine Revised Statutes Title 24-A Sec. 4605-A Eye bank: means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes. See Maine Revised Statutes Title 22 Sec. 2942 fair: means an exhibition that is designed to promote education and encourage improvement in agriculture and that includes, but is not limited to, the following:
A. See Maine Revised Statutes Title 7 Sec. 81Fair Fund: means the fund established in section 85. See Maine Revised Statutes Title 7 Sec. 81 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. Farm nutrient: means a substance or recognized plant nutrient, element or compound that is used or sold for its plant nutritive content or its claimed nutritive value for use in growing crops. See Maine Revised Statutes Title 7 Sec. 4201 Farm support arrangement: means an arrangement that meets requirements established by the department by rule under which:
A. See Maine Revised Statutes Title 7 Sec. 60Farm support payments: means annual payments by a municipality during the term of a qualified easement:
A. See Maine Revised Statutes Title 7 Sec. 60Farmland: means any tract or tracts of land used for commercial farming:
A. See Maine Revised Statutes Title 7 Sec. 52Federal 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 Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Fiduciary: A trustee, executor, or administrator. Financial institution: means any bank or trust company, savings bank, savings and loan association, industrial bank, national banking association, federal savings and loan association, mortgage banker, credit union or other such institution authorized to do business in the State, or a government agency which customarily provides service or otherwise aids in the financing of mortgage loans. See Maine Revised Statutes Title 30-A Sec. 4702 Firearm: means any instrument used in the propulsion of pellets, shot, shells or bullets by action of gunpowder, compressed air or gas exploded or released within it. See Maine Revised Statutes Title 12 Sec. 10001 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. Fish: means a cold-blooded, completely aquatic vertebrate characteristically having gills, fins and an elongated streamlined body usually covered with scales and includes any physical part of a fish. See Maine Revised Statutes Title 12 Sec. 10001 Fishery products: includes fish, crustaceans, mollusks and marine products for human consumption. See Maine Revised Statutes Title 13 Sec. 2003 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 Formulary: means a list of prescription drugs covered by a health plan and any tier levels applicable to a prescription drug. See Maine Revised Statutes Title 24-A Sec. 4347 Fraud: Intentional deception resulting in injury to another. Fully marketable form: means a municipal security duly executed and accompanied by an approving legal opinion of a bond counsel of recognized standing in the field of municipal law whose opinions are generally accepted by purchasers of municipal bonds, provided that the municipal security so executed need not be printed or lithographed nor be in more than one denomination. See Maine Revised Statutes Title 30-A Sec. 5903 General assistance program: means a service administered by a municipality for the immediate aid of persons who are unable to provide the basic necessities essential to maintain themselves or their families. See Maine Revised Statutes Title 22 Sec. 4301 General fund: means the fund created or established as provided in section 6007. See Maine Revised Statutes Title 30-A Sec. 5903 Generic drug: includes a biosimilar product. See Maine Revised Statutes Title 24-A Sec. 4347 Germane: On the subject of the pending bill or other business; a strict standard of relevance. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Ginseng: means any part of the plant known as Wild American Ginseng (Panax quinquefolius 1). See Maine Revised Statutes Title 7 Sec. 2221 Governmental entity: means and includes the State and political subdivisions as defined in subsection 3. See Maine Revised Statutes Title 14 Sec. 8102 Governmental unit: means any county, municipality, school administrative district, community school district, public waste disposal corporation as authorized under Title 38, section 1304?B or other quasi-municipal corporation within the State, including any corporation owned entirely by a municipality and providing water, sewer or electric service or performing other essential governmental functions. See Maine Revised Statutes Title 30-A Sec. 5903 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Greenhouse: means a structure covered with glass, plastic, fiberglass or other transparent material in which plants are cultivated in a controlled environment. See Maine Revised Statutes Title 7 Sec. 2211 Grower licensee: means a person licensed pursuant to subsection 4. See Maine Revised Statutes Title 7 Sec. 2231 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. Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health and welfare of an individual. See Maine Revised Statutes Title 22 Sec. 2942 Guide: means a person who receives any form of remuneration for that person's services in accompanying or assisting a person in the fields or forests or on the waters or ice within the jurisdiction of the State while hunting, fishing, trapping, boating, snowmobiling, using an all-terrain vehicle or camping at a primitive camping area. See Maine Revised Statutes Title 12 Sec. 10001 health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704 Health maintenance organization: means a public or private organization that is organized under the laws of the Federal Government, this State, another state or the District of Columbia or a component of such an organization, and that:
A. See Maine Revised Statutes Title 24-A Sec. 4202-AHealth problem: means any disease, illness or any congenital or hereditary condition that would impair the health or function of an animal. See Maine Revised Statutes Title 7 Sec. 4151 Hemp: includes agricultural commodities and products derived from hemp and topical or ingestible consumer products, including food, food additives and food products derived from hemp, which in their final forms contain a delta-9-tetrahydrocannabinol concentration of not more than 0. See Maine Revised Statutes Title 7 Sec. 2231 Homelessness: means a situation in which a person or household is:
A. See Maine Revised Statutes Title 22 Sec. 4301Hospital: means a facility licensed as a hospital under chapter 405 or the law of any state or a facility operated as a hospital by the United States, a state or a subdivision of a state. See Maine Revised Statutes Title 22 Sec. 2942 Household: means an individual or a group of individuals who share a dwelling unit. See Maine Revised Statutes Title 22 Sec. 4301 housing authority: means any of the public corporations created or authorized to be created by this chapter. See Maine Revised Statutes Title 30-A Sec. 4702 Humane agent: means an employee of the department who assists in enforcing this Part. See Maine Revised Statutes Title 7 Sec. 3907 Humanely clean conditions: means that both indoor areas and outdoor enclosures are cleaned on a periodic basis to remove excretions and other waste materials, dirt and trash with sufficient frequency to minimize health hazards and to provide adequately clean living conditions for the species of animal. See Maine Revised Statutes Title 7 Sec. 3907 hunt: means to pursue, catch, take, kill or harvest wild animals or wild birds or to attempt to catch, take, kill or harvest wild animals or wild birds. See Maine Revised Statutes Title 12 Sec. 10001 Hunter orange: means a daylight fluorescent orange color with a dominant wave length between 595 and 605 nanometers, excitation purity not less than 85% and luminance factor of not less than 40%. See Maine Revised Statutes Title 12 Sec. 10001 Identification card: means a nondriver identification card issued by the Secretary of State under Title 29?A, section 1410. See Maine Revised Statutes Title 22 Sec. 2942 Impaired insurer: means a member insurer that, after the effective date of this section, is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. See Maine Revised Statutes Title 24-A Sec. 4605-A Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. Income: means any form of income in cash or in kind received by the household, including net remuneration for services performed, cash received on either secured or unsecured credit, any payments received as an annuity, retirement or disability benefits, veterans' pensions, workers' compensation, unemployment benefits, benefits under any state or federal categorical assistance program, supplemental security income, social security and any other payments from governmental sources, unless specifically prohibited by any law or regulation, court ordered support payments, income from pension or trust funds, household income from any other source, including relatives or unrelated household members and any benefit received pursuant to Title 36, chapter 907, Title 36, section 5219?II and Title 36, section 5219?KK, unless used for basic necessities as defined in section 4301, subsection 1. See Maine Revised Statutes Title 22 Sec. 4301 Incompatible use: means the development or use of abutting land for a well, drinking water spring or water supply intake point when that use is initiated on abutting land that is within 50 feet of farmland after that farmland has been registered under this chapter. See Maine Revised Statutes Title 7 Sec. 52 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. Indoor facility: means a building, greenhouse, cold frame, hoop house, high tunnel, floating row cover or other agricultural or horticultural method of extending the growing season by enclosing the growing area. See Maine Revised Statutes Title 7 Sec. 2231 Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Ingredient cost: means the actual amount paid to a pharmacy provider by a carrier or the carrier's pharmacy benefits manager for a prescription drug, not including the dispensing fee or cost?sharing amount. See Maine Revised Statutes Title 24-A Sec. 4347 Inherent risks of equine activities: means those dangers and conditions that are an integral part of equine activities, including, but not limited to:
A. See Maine Revised Statutes Title 7 Sec. 4101Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Inland waters: means all waters within the State above the rise and fall of the tide and wholly or partially within the territorial limits of the State, except private ponds as defined in subsection 51. See Maine Revised Statutes Title 12 Sec. 10001 Insolvent insurer: means a member insurer that, after the effective date of this section, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See Maine Revised Statutes Title 24-A Sec. 4605-A 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 Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit. interstate commission: means the commission that is created under section 4258. See Maine Revised Statutes Title 22 Sec. 4252 Juror: A person who is on the jury. Just cause: means a valid, verifiable reason that hinders an individual in complying with one or more conditions of eligibility. See Maine Revised Statutes Title 22 Sec. 4301 Keeper: means a person in possession or control of a dog or other animal. See Maine Revised Statutes Title 7 Sec. 3907 Kennel: means 5 or more dogs kept in a single location under one ownership for breeding, hunting, show, training, field trials, sledding, competition or exhibition purposes. See Maine Revised Statutes Title 7 Sec. 3907 key participant: means a person who, as determined by the commissioner by rule, has a direct or indirect financial interest in an entity producing hemp, such as an owner or partner in a partnership. See Maine Revised Statutes Title 7 Sec. 2231 Know: means to have actual knowledge. See Maine Revised Statutes Title 22 Sec. 2942 Landlord: means a person who owns a property and allows another person to use that property in return for payment. See Maine Revised Statutes Title 22 Sec. 4301 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 Law enforcement officer: means any person who, by virtue of the person's public employment, is vested by law with a duty to maintain public order, enforce any law of this State establishing a civil violation, prosecute offenders or make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 7 Sec. 3907 Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. 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 Legacy: A gift of property made by will. Legislative employee: means any employee of the Legislature performing services within the legislative branch, except any person:
A. See Maine Revised Statutes Title 26 Sec. 979-ALiabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Licensed veterinarian: means a person licensed as a veterinarian by the State who is operating under the direction or authority of the department. See Maine Revised Statutes Title 7 Sec. 81 licensee: means a person, agricultural society or other entity licensed to conduct an agricultural fair in accordance with section 83. See Maine Revised Statutes Title 7 Sec. 81 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. Livestock: means cattle, equines, goats, members of the genus Lama, rabbits, sheep and swine. See Maine Revised Statutes Title 7 Sec. 81 Livestock: means cattle; equines; sheep; goats; swine; domesticated cervids, fowl and rabbits; members of the family Camelidae, genus lama and genus vicugna; bison; and ratites. See Maine Revised Statutes Title 7 Sec. 3907 Lump sum payment: means a one-time or typically nonrecurring sum of money issued to an applicant or recipient. See Maine Revised Statutes Title 22 Sec. 4301 Mail order pharmacy: means a pharmacy whose primary business is to receive prescriptions by mail, by fax or through electronic submissions and to dispense medication to covered persons through the use of the United States mail or other common or contract carrier services and that provides any consultation with patients electronically rather than face to face. See Maine Revised Statutes Title 24-A Sec. 4347 Maintenance: includes , but is not limited to, snowplowing, snow removal, sanding and ice control; grading and adding gravel and surface material; installing reclaimed asphalt or grinding existing pavement for reuse; installing, cleaning and replacing culverts; creating and maintaining ditches, drains and other storm water management infrastructure; creating and maintaining sight distances on curves and at intersections; and cutting brush, trees and vegetation in the right-of-way. See Maine Revised Statutes Title 23 Sec. 3101 Maximum allowable cost: means the maximum amount a health insurer will pay for a generic drug or brand?name drug that has at least one generic alternative available. See Maine Revised Statutes Title 24-A Sec. 4347 Member: includes members of associations without capital stock and holders of common stock in associations organized with shares of stock. See Maine Revised Statutes Title 13 Sec. 2003 Member insurer: means an insurer or health maintenance organization that is licensed or that holds a certificate of authority to transact in this State any kind of insurance, annuity or health maintenance organization business for which coverage is provided under section 4603 and includes an insurer or health maintenance organization whose license or certificate of authority in this State may have been suspended, revoked, not renewed or voluntarily withdrawn, but does not include:
A. See Maine Revised Statutes Title 24-A Sec. 4605-AMember state: means a state that has enacted this compact. See Maine Revised Statutes Title 22 Sec. 4252 Migratory waterfowl: means anatidae, or waterfowl, including brant, wild ducks, geese and swans. See Maine Revised Statutes Title 12 Sec. 10001 Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72 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. mortgage: means :
A. See Maine Revised Statutes Title 30-A Sec. 4702Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC municipal authority: means any of the public corporations authorized to be created by section 4721. See Maine Revised Statutes Title 30-A Sec. 4702 Municipal bond: means a bond or note or evidence of debt issued by a municipality and payable from taxes or from rates, charges or assessments, but does not include any bond or note or evidence of debt issued under chapter 213 or Title 10, chapter 110, subchapter IV. See Maine Revised Statutes Title 30-A Sec. 5903 Municipal legislative body: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipal officers: 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 Municipality: means an organized city, town or plantation. See Maine Revised Statutes Title 7 Sec. 3907 Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001 Municipality: means :
A. See Maine Revised Statutes Title 30-A Sec. 5903Municipality of responsibility: means the municipality which is liable for the support of any eligible person at the time of application. See Maine Revised Statutes Title 22 Sec. 4301 Mutual aid emergency response employer: means the Bath Iron Works Corporation or its successor solely with respect to mutual aid emergency response personnel acting pursuant to a mutual aid agreement with a state or municipal entity or in response to a request for aid from a state or municipal entity. See Maine Revised Statutes Title 14 Sec. 8102 Mutual aid emergency response personnel: means the professionally trained firefighting, emergency medical service or rescue personnel employed by the Bath Iron Works Corporation or its successor when acting pursuant to a mutual aid agreement with a state or municipal entity or in response to a request for aid from a state or municipal entity. See Maine Revised Statutes Title 14 Sec. 8102 National Association of Insurance Commissioners: means the National Association of Insurance Commissioners or its successor organization of insurance regulators. See Maine Revised Statutes Title 24-A Sec. 15 Need: means the condition whereby a person's income, money, property, credit, assets or other resources available to provide basic necessities for the individual and the individual's family are less than the maximum levels of assistance established by the municipality. See Maine Revised Statutes Title 22 Sec. 4301 Net general assistance costs: means those direct costs incurred by a municipality in providing assistance to eligible persons according to standards established by the municipal officers and does not include the administrative expenses of the general assistance program. See Maine Revised Statutes Title 22 Sec. 4301 Network pharmacy: means a licensed retail pharmacy or other pharmacy provider that contracts with a pharmacy benefits manager. See Maine Revised Statutes Title 24-A Sec. 4347 Notes: means any notes of the bank issued under this chapter. See Maine Revised Statutes Title 30-A Sec. 5903 Nursery: means a place where nursery stock is produced, stored or offered for sale. See Maine Revised Statutes Title 7 Sec. 2211 Nursery stock: means :
A. See Maine Revised Statutes Title 7 Sec. 2211Nutrient management plan: means a written document that outlines how farm nutrients are stored, managed and utilized on the farm for which the plan is written. See Maine Revised Statutes Title 7 Sec. 4201 Oath: A promise to tell the truth. Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 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: includes :
A. See Maine Revised Statutes Title 30-A Sec. 4702Offer for sale: means to sell, offer to transfer, offer for adoption, advertise for sale, barter, auction, give away or otherwise dispose of an animal. See Maine Revised Statutes Title 7 Sec. 4151 Operator: means the lawful owner of a recovery residence or an individual or company designated by the lawful owner to have primary responsibility for the day-to-day operations of the recovery residence and for acquiring and maintaining certification pursuant to Title 5, section 20005, subsection 22 of the recovery residence in order to receive housing assistance payments through the general assistance program. See Maine Revised Statutes Title 22 Sec. 4301 Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. Organ procurement organization: means a person designated by the United States Secretary of Health and Human Services as an organ procurement organization. See Maine Revised Statutes Title 22 Sec. 2942 Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 12 Sec. 10001 Other materials: means material not included in the definition of "nursery stock" such as containers, seeds and cut Christmas trees. See Maine Revised Statutes Title 7 Sec. 2211 Overseer: means an official designated by a municipality to administer a general assistance program. See Maine Revised Statutes Title 22 Sec. 4301 Oversight: Committee review of the activities of a Federal agency or program. Owner: means a person owning, keeping or harboring a dog or other animal. See Maine Revised Statutes Title 7 Sec. 3907 Parent: means a parent whose parental rights have not been terminated. See Maine Revised Statutes Title 22 Sec. 2942 Part: means an organ, an eye or tissue of a human being. See Maine Revised Statutes Title 22 Sec. 2942 Participant: means a person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity. See Maine Revised Statutes Title 7 Sec. 4101 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 an individual, firm, partnership, corporation, association, syndicate, organization, society, business trust, attorney-in-fact or any legal entity. See Maine Revised Statutes Title 24-A Sec. 4202-A Person: means an individual, corporation, limited liability company, partnership, association, governmental body or entity or voluntary organization. See Maine Revised Statutes Title 24-A Sec. 4605-A Person: means a natural person, corporation, trust, partnership, incorporated or unincorporated association or any other legal entity. See Maine Revised Statutes Title 14 Sec. 8701 Person: means an individual, corporation, partnership, association or any other legal entity. See Maine Revised Statutes Title 7 Sec. 3907 Person: means an individual, corporation, business trust, estate, 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 22 Sec. 2942 Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001 Personal property: All property that is not real property. Persons of low income: means persons or families, elderly or otherwise, who lack the income which is necessary, as determined by a housing authority, to enable them, without financial assistance, to live in or purchase decent, safe and sanitary dwellings, without overcrowding. See Maine Revised Statutes Title 30-A Sec. 4702 Pet: means a dog, cat or other domesticated animal commonly kept as a companion, but does not include tamed animals that are ordinarily considered wild animals or livestock. See Maine Revised Statutes Title 7 Sec. 3907 Pet shop: means a place or vehicle in or on which any dogs, cats, rodents, reptiles, fish, pet birds, exotic birds or exotic animals not born and raised on those premises are kept for the purpose of sale to the public. See Maine Revised Statutes Title 7 Sec. 3907 Pharmacy: means an established location, either physical or electronic, that is licensed by the State and that has entered into a network pharmacy contract with a pharmacy benefits manager or carrier. See Maine Revised Statutes Title 24-A Sec. 4347 Pharmacy and therapeutics committee: means a committee, board or equivalent body established by a carrier to develop and maintain formularies. See Maine Revised Statutes Title 24-A Sec. 4347 Pharmacy benefits manager: means a person, business or other entity that, pursuant to a contract or under an employment relationship with a carrier, a self?insurance plan or other 3rd?party payer, either directly or through an intermediary, manages the prescription drug coverage provided by the carrier, self?insurance plan or other 3rd?party payer, including, but not limited to, processing and paying claims for prescription drugs, performing drug utilization review, processing drug prior authorization requests, adjudicating appeals or grievances related to prescription drug coverage, contracting with network pharmacies and controlling the cost of covered prescription drugs. See Maine Revised Statutes Title 24-A Sec. 4347 Pharmacy provider: means a retail pharmacy, mail order pharmacy or licensed pharmacist. See Maine Revised Statutes Title 24-A Sec. 4347 Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Maine Revised Statutes Title 22 Sec. 2942 Plaintiff: The person who files the complaint in a civil lawsuit. Plant pest: means any insect, mite, nematode, fungus, virus, bacteria, slug, snail or other form of aquatic or terrestrial plant or organism that may cause injury to a plant or that the commissioner declares to be a plant pest. See Maine Revised Statutes Title 7 Sec. 2211 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. Political subdivision: means any city, town, plantation, county, administrative entity or instrumentality created pursuant to Title 30?A, chapters 115 and 119, incorporated fire-fighting unit that is organized under Title 13?B and is officially recognized by any authority created by statute, quasi-municipal corporation and special purpose district, including, but not limited to, any water district, sanitary district, hospital district, school district of any type, an airport authority established pursuant to Title 6, chapter 10, any volunteer fire association as defined in Title 30?A, section 3151, a transit district as defined in Title 30?A, section 3501, subsection 1, a regional transportation corporation as defined in Title 30?A, section 3501, subsection 2, a transit district or regional transportation corporation formed under the laws of another state that would qualify as a transit district or regional transportation corporation under Title 30?A, chapter 163 if formed under the laws of this State, any emergency medical service and a mutual aid emergency response employer. See Maine Revised Statutes Title 14 Sec. 8102 Pooling of income: means the financial relationship among household members who are not legally liable for mutual support in which there occurs any comingling of funds or sharing of income or expenses. See Maine Revised Statutes Title 22 Sec. 4301 Poultry: means domesticated fowl and domesticated waterfowl. See Maine Revised Statutes Title 7 Sec. 81 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 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. Premium: means a ribbon, trophy or monetary amount or a service or object with monetary value awarded as a prize in a competition. See Maine Revised Statutes Title 7 Sec. 81 Premiums: means amounts or considerations by whatever name called received on covered policies or contracts less returned premiums, considerations and deposits and less dividends and experience credits. See Maine Revised Statutes Title 24-A Sec. 4605-A Private way: means a public easement as defined in section 3021, subsection 2. See Maine Revised Statutes Title 23 Sec. 3101 Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers. 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. Procurement organization: means an eye bank, organ procurement organization or tissue bank. See Maine Revised Statutes Title 22 Sec. 2942 Professional employee: means any employee engaged in work:
A. See Maine Revised Statutes Title 26 Sec. 962Professional employee: means any employee engaged in work:
A. See Maine Revised Statutes Title 26 Sec. 1022Prohibited substance: means :
A. See Maine Revised Statutes Title 7 Sec. 81Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research or education. See Maine Revised Statutes Title 22 Sec. 2942 Provider: means a physician, hospital or person that is licensed or otherwise authorized in this State to furnish health care services. See Maine Revised Statutes Title 24-A Sec. 4202-A Public employee: means an employee of a public employer, except a person:
A. See Maine Revised Statutes Title 26 Sec. 962Public employee: means a person employed by the State, a county, a municipality or any entity identified in statute as a public instrumentality. See Maine Revised Statutes Title 14 Sec. 8601 Public employer: means :
A. See Maine Revised Statutes Title 26 Sec. 962Public employer: means , with respect to the executive branch, all the departments, agencies and commissions of the executive branch of the State of Maine, represented by the Governor or the Governor's designee. See Maine Revised Statutes Title 26 Sec. 979-A 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 official: means a person elected or appointed to a public office. See Maine Revised Statutes Title 14 Sec. 8601 Public service infrastructure: means those facilities that are essential for public health, welfare and safety. See Maine Revised Statutes Title 30-A Sec. 5903 Qualified easement: means an agricultural conservation easement held by a municipality on qualified farmland in that municipality that:
A. See Maine Revised Statutes Title 7 Sec. 60Qualified farmland: means farmland that meets eligibility requirements established by the department by rule. See Maine Revised Statutes Title 7 Sec. 60 Quorum: The number of legislators that must be present to do business. Raptor: means a bird of the order Strigiformes and of the families Accipitridae and Falconidae commonly called buteos, accipiters, falcons and owls. See Maine Revised Statutes Title 12 Sec. 10001 Real estate: means any land, buildings, homes, mobile homes and any other things affixed to that land. See Maine Revised Statutes Title 22 Sec. 4301 Real estate: means land and structures attached to it. See Maine Revised Statutes Title 30-A Sec. 2001 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 property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Maine Revised Statutes Title 22 Sec. 2942 Receivership court: means the court in the impaired or insolvent insurer's state having jurisdiction over the conservation, rehabilitation or liquidation of the insurer. See Maine Revised Statutes Title 24-A Sec. 4605-A Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See Maine Revised Statutes Title 22 Sec. 2942 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 22 Sec. 2942 Recordable instrument: means any lien or encumbrance, the false filing of which is identified as a crime under Title 17?A, section 706?A. See Maine Revised Statutes Title 14 Sec. 8601 Recovery agency: means an eye bank, organ procurement organization, tissue bank, educational institution or research organization that participates in or facilitates the execution of an anatomical gift. See Maine Revised Statutes Title 22 Sec. 2942 recycled materials: means materials that are composed in whole or in part of elements that are reused or reclaimed. See Maine Revised Statutes Title 5 Sec. 1812 Refusal: means a record created under section 2947 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See Maine Revised Statutes Title 22 Sec. 2942 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 employee: means any professional or classified employee who occupies a position that exists on a continual basis. See Maine Revised Statutes Title 26 Sec. 1022 Regulated residual: means a residual regulated by the Department of Environmental Protection pursuant to Title 38, chapter 13 that is used primarily for its nitrogen and phosphorous value as determined by the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 4201 Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired. Required debt service reserve: means the amount required to be on deposit in the reserve fund as prescribed by section 6006, subsection 1. See Maine Revised Statutes Title 30-A Sec. 5903 Required minimum reserve: means the amount required to be on deposit in a capital reserve fund as prescribed by section 6006, subsection 1?A. See Maine Revised Statutes Title 30-A Sec. 5903 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. Reserve fund: means the Maine Municipal Bond Bank Reserve Fund created or established as provided in section 6006. See Maine Revised Statutes Title 30-A Sec. 5903 residence: refer to an individual's place of domicile. See Maine Revised Statutes Title 30-A Sec. 2001 Resident: means a person to whom a contractual obligation is owed and who resides in this State on the date of entry of a court order that determines a member insurer to be an impaired insurer or a court order that determines a member insurer to be an insolvent insurer, whichever occurs first. See Maine Revised Statutes Title 24-A Sec. 4605-A Resident: means a citizen of the United States or a person who is not a citizen of the United States who has been domiciled in the State for one year who:
A. See Maine Revised Statutes Title 12 Sec. 10001Residual: means any material generated as a byproduct of a nonagricultural production or treatment process that has value as a source of crop nutrients or soil amendment. See Maine Revised Statutes Title 7 Sec. 4201 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Retail pharmacy: means a chain pharmacy, a supermarket pharmacy, a mass merchandiser pharmacy, an independent pharmacy or a network of independent pharmacies that is licensed as a pharmacy by this State and that dispenses medications to the public. See Maine Revised Statutes Title 24-A Sec. 4347 Revenues: means all fees, charges, money, profits, payments of principal of or interest on municipal securities and other investments, gifts, grants, contributions, appropriations and all other income derived or to be derived by the bank under this chapter. See Maine Revised Statutes Title 30-A Sec. 5903 Revolving loan fund: means that revolving loan fund created under section 6006?A. See Maine Revised Statutes Title 30-A Sec. 5903 Select board: means the members of the select board of the town or, if the town has no select board, the officers charged with the duties customarily imposed on the select board of a town. See Maine Revised Statutes Title 30-A Sec. 4702 Seller: includes animal dealers required to be licensed by the United States Department of Agriculture. See Maine Revised Statutes Title 7 Sec. 4151 Service of process: The service of writs or summonses to the appropriate party. services: when used in this chapter, means any and all window cleaning services, elevator repair and maintenance services, laundry service, linen supply service, dry cleaning service, janitor service, floor maintenance service, rubbish and garbage disposal service, tree surgeon service, all types of office machine repair and maintenance service, exterminator service, refrigerator repair and maintenance service and oil burner repair and maintenance service when any such service is performed by an independent contractor. See Maine Revised Statutes Title 5 Sec. 1812 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. Sewage: means the water-carried wastes created in and carried or to be carried away from any structure together with any surface or ground water or household and industrial waste that is present. See Maine Revised Statutes Title 30-A Sec. 2001 Sewers: means and includes mains, pipes and laterals for the reception of sewage and carrying that sewage to an outfall or some part of a sewage disposal system, including pumping stations. See Maine Revised Statutes Title 30-A Sec. 2001 Sign: means , with the present intent to authenticate or adopt a record:
A. See Maine Revised Statutes Title 22 Sec. 2942single-family or multi-unit residential housing: means any work or undertaking:
A. See Maine Revised Statutes Title 30-A Sec. 4702Sinking fund: means a fund created for the purpose of paying a debt. See Maine Revised Statutes Title 30-A Sec. 2001 Social services: means any of the following services that meet such standards as the commissioner may prescribe:
A. See Maine Revised Statutes Title 22 Sec. 5114Spectator: means a person who is in the vicinity of an equine activity but who is not a participant. See Maine Revised Statutes Title 7 Sec. 4101 State: means a state, the District of Columbia, Puerto Rico or a United States possession, territory or protectorate. See Maine Revised Statutes Title 24-A Sec. 4605-A State: means the State of Maine or any office, department, agency, authority, commission, board, institution, hospital or other instrumentality of the State, including the Maine Turnpike Authority, the Maine Port Authority, the Northern New England Passenger Rail Authority, the Maine Community College System, the Maine Veterans' Homes, the Maine Public Employees Retirement System, the Maine Military Authority and all such other state entities. See Maine Revised Statutes Title 14 Sec. 8102 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 22 Sec. 2942 State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands and any other territory of the United States. See Maine Revised Statutes Title 22 Sec. 4252 State court: means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency or status offenses of individuals who have not attained 18 years of age. See Maine Revised Statutes Title 22 Sec. 4252 State employee: means an employee of the State of Maine performing services within the Executive Department except a person:
A. See Maine Revised Statutes Title 26 Sec. 979-AState public body: means any city, town, district or other political subdivision of the State. See Maine Revised Statutes Title 30-A Sec. 4702 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Stipend: means an amount distributed from the Stipend Fund or the Fair Fund to a qualifying fair licensee. See Maine Revised Statutes Title 7 Sec. 81 Stipend Fund: means the fund receiving money in accordance with Title 8, sections 286 and 287 to provide aid and encouragement to fair licensees. See Maine Revised Statutes Title 7 Sec. 81 Stray: means off the owner's premises and not under the control of a person. See Maine Revised Statutes Title 7 Sec. 3907 Structured settlement annuity: means an annuity purchased in order to fund periodic payments for a plaintiff or other claimant in payment for or with respect to personal injury suffered by the plaintiff or other claimant. See Maine Revised Statutes Title 24-A Sec. 4605-A Subpoena: A command to a witness to appear and give testimony. Sucker: means only the species Catostomus commersoni (white sucker) and the species Catostomus catostomus (longnose sucker). See Maine Revised Statutes Title 12 Sec. 10001 Summons: Another word for subpoena used by the criminal justice system. Supervisory employee: means any employee whose principal work tasks are characterized by performing such management control duties as scheduling, assigning, overseeing and reviewing the work of subordinate employees, or performing such duties as are distinct and dissimilar from those performed by the employees supervised, or exercising judgment in adjusting grievances, in applying other established personnel policies and procedures and in enforcing a collective bargaining agreement or establishing or participating in the establishment of performance standards for subordinate employees and taking corrective measures to implement those standards. See Maine Revised Statutes Title 26 Sec. 1022 Supplemental contract: means a written agreement entered into for the distribution of proceeds under a life, health or annuity policy or contract. See Maine Revised Statutes Title 24-A Sec. 4605-A Target: means a person:
(1) Who has received a demand letter;
(2) Against whom a lawsuit has been filed alleging patent infringement; or
(3) Whose customers have received a demand letter asserting that the person's product, service or technology has infringed a patent. See Maine Revised Statutes Title 14 Sec. 8701Technician: includes an enucleator. See Maine Revised Statutes Title 22 Sec. 2942 Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tissue: means a portion of the human body other than an organ or an eye. See Maine Revised Statutes Title 22 Sec. 2942 Tissue bank: means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of tissue. See Maine Revised Statutes Title 22 Sec. 2942 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 way: means an area or strip of land designated and held by a municipality for passage by motor vehicles. See Maine Revised Statutes Title 23 Sec. 3271 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. Transplant hospital: means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. See Maine Revised Statutes Title 22 Sec. 2942 Transportation: means any form of transportation for people or goods within, to or from the State, whether by highway, air, water or rail. See Maine Revised Statutes Title 23 Sec. 4203 Trap: means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare. See Maine Revised Statutes Title 12 Sec. 10001 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. Trustor: The person who makes or creates a trust. Also known as the grantor or settlor. Unallocated annuity contract: means an annuity contract or group annuity certificate that is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under the contract or certificate. See Maine Revised Statutes Title 24-A Sec. 4605-A 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 University: means all campuses or units of the university, represented by the board of trustees or its designee. See Maine Revised Statutes Title 26 Sec. 1022 Unorganized territory: means all areas located within the jurisdiction of the State, except areas located within organized cities and towns, and Indian reservations. See Maine Revised Statutes Title 7 Sec. 3907 valid permit: means a license or permit lawfully obtained in the licensee's or permittee's name and signed by that person. See Maine Revised Statutes Title 12 Sec. 10001 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Veterinarian: means a person licensed as a veterinarian in any state. See Maine Revised Statutes Title 7 Sec. 4151 Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth." Weir: means a device placed in the inland waters of a river, stream or brook that is designed to entrap fish and that exceeds more than 1/3 of the wetted width of the channel. See Maine Revised Statutes Title 12 Sec. 10001 Whips: Assistants to the floor leaders who are also elected by their party conferences. The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. In the absence of a party floor leader, the whip often serves as acting floor leader. Wild animal: means a species of mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals, and includes any physical part of that species of animal. See Maine Revised Statutes Title 12 Sec. 10001 Wild bird: means a species of bird wild by nature, whether or not bred or reared in captivity, as distinguished from common domestic birds, and includes any physical part of that species of bird. See Maine Revised Statutes Title 12 Sec. 10001 Wildlife: includes wild animals and wild birds. See Maine Revised Statutes Title 12 Sec. 10001 Wildlife management: means the art or science of producing wild animals and birds and of improving wildlife conditions in the State. See Maine Revised Statutes Title 12 Sec. 10001 Wildlife management area: means a tract of land or body of water owned or leased by the department for the purposes of wildlife management as defined in subsection 73 or created by an act of the Legislature with the landowner's permission, and subject to the commissioner's authority under section 12701. See Maine Revised Statutes Title 12 Sec. 10001 Wolf hybrid: includes a mammal that is represented by its owner to be a wolf hybrid, coyote hybrid, coydog or any other kind of wild canid hybrid. See Maine Revised Statutes Title 7 Sec. 3907 Writ: A formal written command, issued from the court, requiring the performance of a specific act.