Maine Revised Statutes > Title 12 > Part 11 > Chapter 809 – Jurisdiction and Penalties
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Maine Revised Statutes > Title 12 > Part 11 > Chapter 809 - Jurisdiction and Penalties
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Agent: means an individual:
A. See Maine Revised Statutes Title 22 Sec. 2942Amendment: 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 Arrest: Taking physical custody of a person by lawful authority. 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. 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 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. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. 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 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Dependent: A person dependent for support upon another. 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 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 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 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 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 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. 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 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 Hospital: 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 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 Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Know: means to have actual knowledge. See Maine Revised Statutes Title 22 Sec. 2942 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 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. Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 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. 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 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 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, 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 Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Maine Revised Statutes Title 22 Sec. 2942 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 Procurement organization: means an eye bank, organ procurement organization or tissue bank. See Maine Revised Statutes Title 22 Sec. 2942 Prospective 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 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 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 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 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 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. 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. Sign: means , with the present intent to authenticate or adopt a record:
A. See Maine Revised Statutes Title 22 Sec. 2942State: 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 Technician: includes an enucleator. See Maine Revised Statutes Title 22 Sec. 2942 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 Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 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 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72