Maine Revised Statutes > Title 15 > Part 4 > Chapter 305-A – Post-Conviction Review
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Terms Used In Maine Revised Statutes > Title 15 > Part 4 > Chapter 305-A - Post-Conviction Review
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- 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.
- 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.
- 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.
- Appeals board: means the Maine Library Commission acting, on request from interested citizens, as a board of review for decisions made concerning the State's library plan. See Maine Revised Statutes Title 27 Sec. 110
- 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
- Area reference and resource center: means a large public, school or academic library designated by the State Librarian and receiving state aid for the purposes of making its resources and services available without charge to all residents within a library region, of providing supplementary library services to local libraries within the library region and of coordinating the services of all local libraries within the library region that by contract become part of the library region. See Maine Revised Statutes Title 27 Sec. 110
- Assigned justice or judge: means the Justice or Active Retired Justice of the Supreme Judicial Court, the Justice or Active Retired Justice of the Superior Court or the judge authorized to sit in the Superior Court on post-conviction review cases who is assigned the post-conviction review proceeding when a special assignment has been made. See Maine Revised Statutes Title 15 Sec. 2121
- Authority: means the Northern New England Passenger Rail Authority and any successors to that authority. See Maine Revised Statutes Title 23 Sec. 8002
- 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.
- Benefit cliff effect: means the situation that arises when an individual or family receiving state, federal or local public benefits has a new or increased income that results in a loss of any of those public benefits and the increased income does not fully compensate for, or exceed, the financial loss of those public benefits. See Maine Revised Statutes Title 26 Sec. 3801
- Board: means the Logging Dispute Resolution Board established in section 3702. See Maine Revised Statutes Title 26 Sec. 3701
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Criminal judgment: means a judgment of conviction of a crime, the orders of adjudication and disposition in a juvenile case and a judgment of not criminally responsible by reason of insanity. See Maine Revised Statutes Title 15 Sec. 2121
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Devise: To gift property by will.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- Forest landowner: means a person that owns or possesses economic control over more than 50,000 acres of forest land. See Maine Revised Statutes Title 26 Sec. 3701
- Forest products harvester or hauler: means an individual who qualifies as an independent contractor under section 1043, subsection 11, paragraph E and who is engaged in harvesting or hauling trees from forest land for a forest landowner. See Maine Revised Statutes Title 26 Sec. 3701
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Government agency: includes any department, agency, commission, bureau, authority, instrumentality and political subdivision of:
A. See Maine Revised Statutes Title 23 Sec. 8002Habeas 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. 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. 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 lines: means the right-of-way, track, track appurtenances, ties, bridges, station houses and other appurtenant structures. See Maine Revised Statutes Title 23 Sec. 8002 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local library board: means the body which has the authority to give administrative direction or advice to a library through its librarian. See Maine Revised Statutes Title 27 Sec. 110 Maine Library Advisory Council: means an advisory body representing a constituency of participating libraries from all geographical library regions, as described in section 114-A. See Maine Revised Statutes Title 27 Sec. 110 Maine State Library consultant or specialist: means an individual who acts as a general library consultant or specialist to one or more library regions. See Maine Revised Statutes Title 27 Sec. 110 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 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. 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. Personal property: All property that is not real property. 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. Post-sentencing proceeding: means a court proceeding or administrative action occurring during the course of and pursuant to the operation of a sentence that affects whether there is incarceration or its length, including revocation of parole, failure to grant parole, an error of law in the computation of a sentence including administrative calculations of deductions relative to time detained pursuant to Title 17?A, section 2305 and default in payment of a fine or restitution. See Maine Revised Statutes Title 15 Sec. 2121 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. 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 library: means a library freely open to all persons and receives its financial support from a municipality, private association, corporation or group. See Maine Revised Statutes Title 27 Sec. 110 Railroad: includes every commercial, interurban and other railway and each and every branch and extension thereof by whatsoever power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, ferries, yards, grounds, terminals, terminal facilities, structures and equipment and all other real estate, fixtures and personal property of every kind used in connection therewith, owned, controlled, operated or managed for public use in the transportation of persons or property. See Maine Revised Statutes Title 23 Sec. 5001 Railroad company: includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court owning, controlling, operating or managing any railroad for compensation within this State. See Maine Revised Statutes Title 23 Sec. 5001 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. region: means a defined geographic area consisting of local libraries. See Maine Revised Statutes Title 27 Sec. 110 Regional library system: means a network of library regions interrelated by formal or informal contract for the purpose of organizing library resources and services for research, information and recreation to improve statewide library service and to serve collectively the entire population of the State. See Maine Revised Statutes Title 27 Sec. 110 Research center: means any library designated as such by the State Librarian and receiving state aid for the purposes of making its major research collections, under such rules and regulations as are defined by its governing board and head librarian, available to the residents of the State. See Maine Revised Statutes Title 27 Sec. 110 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Sentence: means the punishment imposed in a criminal proceeding or the disposition imposed in a juvenile proceeding. See Maine Revised Statutes Title 15 Sec. 2121 Statute: A law passed by a legislature. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 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. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Venue: The geographical location in which a case is tried. Writ: A formal written command, issued from the court, requiring the performance of a specific act. Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal. Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72