Maine Revised Statutes > Title 20-A > Part 2 > Chapter 119 – Unorganized Territory

Current as of: 2023 | Check for updates | Other versions

		Sections
Subchapter 1	General Provisions	3201 – 3202
Subchapter 2	School Privileges	3251 – 3255
Subchapter 2-A	Compulsory School Attendance	3271 – 3273
Subchapter 3	Commissioner’s Powers	3301 – 3305
Subchapter 4	Financing	3351
Subchapter 5	Organization and Deorganization	3401 – 3403

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Terms Used In Maine Revised Statutes > Title 20-A > Part 2 > Chapter 119 - Unorganized Territory

Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
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 appointed to serve in the capacity of a superintendent. See Maine Revised Statutes Title 20-A Sec. 1
Alternative education program: means a program in which the primary purpose is to provide at-risk students with curricula and assessment in a setting designed to effectively meet the student's academic, social and relational needs. See Maine Revised Statutes Title 20-A Sec. 1
Alternative learning: means an educational option that a public school or publicly supported program offers at-risk students by offering some combination of the following: alternative education programs; small class size; flexible scheduling; relevant alternative curricula and assessment; mentoring adults; skilled teachers; a focus on social, emotional and relationship skills; collaboration among home, school and social service agencies; and any other measures designed to accommodate the needs of at-risk students. See Maine Revised Statutes Title 20-A Sec. 1
an event the result of which is determined by chance: includes but is not limited to a shuffle of a deck or decks of cards, a roll of a die or dice or a random drawing or generation of an object or objects that may include, but are not limited to, a card or cards, a die or dice, a number or numbers or simulations of any of these. See Maine Revised Statutes Title 17-A Sec. 952
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.
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
Approved private school: means a private school approved for attendance purposes under chapter 117. See Maine Revised Statutes Title 20-A Sec. 1
armor-piercing ammunition: means a projectile or projectile core that may be used in a handgun and that is constructed entirely, excluding the presence of traces of other substances, from one or a combination of tungsten alloys, steel, iron, brass, beryllium copper or depleted uranium, including but not limited to ammunition commonly known as KTW ammunition. See Maine Revised Statutes Title 17-A Sec. 1056
Article: means a product as distinguished from its trademark, label or distinctive dress in packaging;

[PL 1969, c. See Maine Revised Statutes Title 10 Sec. 1211

Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.

Authority: means the Combat Sports Authority of Maine created under section 522. See Maine Revised Statutes Title 8 Sec. 521

Authorized participants: means competitors, officials, referees, judges, promoters, managers, physicians, timekeepers and knock-down timekeepers. See Maine Revised Statutes Title 8 Sec. 521

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.

Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}

Bequest: Property gifted by will.

Board: means the board of directors of the authority. See Maine Revised Statutes Title 8 Sec. 521

Board of trustees: means the Maine Rural Development Authority Board of Trustees. See Maine Revised Statutes Title 5 Sec. 13120-B

Bookmaking: means advancing gambling activity by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcomes of future contingent events. See Maine Revised Statutes Title 17-A Sec. 952

Boxing: means a combative sport for compensation that features the use of gloved fists in attack and defense. See Maine Revised Statutes Title 8 Sec. 521

Bylaws: means those bylaws adopted by the interstate commission pursuant to section 18512 for its governance or for directing and controlling its actions and conduct. See Maine Revised Statutes Title 32 Sec. 18503

Cable television system: means any facility that, in whole or in part, receives directly or indirectly over the air, amplifies or otherwise modifies the signals transmitting programs broadcast by one or more television or radio stations and distributes those signals by wire or cable to subscribing members of the public who pay for that service. See Maine Revised Statutes Title 30-A Sec. 2001

Carrying costs: means reasonable costs incurred for the maintenance, protection and security of a speculative industrial building prior to occupancy, including, but not limited to, insurance, taxes and interest. See Maine Revised Statutes Title 5 Sec. 13120-B

Certification mark: means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization;

[PL 1969, c. See Maine Revised Statutes Title 10 Sec. 1211

Chief inspector: means an individual in the employ of the State whose duties include the examination and inspection of elevators and tramways and who has been designated as chief inspector by the Commissioner of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 15202

Collective mark: means a mark used by members of a cooperative, association or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization;

[PL 1969, c. See Maine Revised Statutes Title 10 Sec. 1211

Commercial: means related to or connected with the furtherance of a profit-making enterprise. See Maine Revised Statutes Title 5 Sec. 13120-B

Commercial facility: means real estate and improvements used principally for commercial purposes or suitable for commercial use. See Maine Revised Statutes Title 5 Sec. 13120-B

Commissioner: means the Commissioner of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 15202

Commissioner: means the voting representative appointed by a member board pursuant to section 18512. See Maine Revised Statutes Title 32 Sec. 18503

Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1

Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Construction hoist: means a hoist that is not an integral part of a building or structure; is installed inside or outside the building or structure during the construction, alteration or demolition of the building or structure; and is used to raise and lower workers, other personnel and materials. See Maine Revised Statutes Title 32 Sec. 15202

Contest of chance: means any game, contest, scheme or device in which:

A. See Maine Revised Statutes Title 17-A Sec. 952

Conviction: A judgement of guilt against a criminal defendant.

Conviction: means a finding by a court that an individual is guilty of a criminal offense through adjudication or entry of a plea of guilty or no contest to the charge by the offender. See Maine Revised Statutes Title 32 Sec. 18503

Cost to the retailer: shall mean the invoice cost of the merchandise to the retailer within 30 days prior to the date of sale, or the replacement cost of the merchandise to the retailer within 30 days prior to the date of sale, in the quantity last purchased, whichever is lower; less all trade discounts except customary discounts for cash; to which shall be added:

A. See Maine Revised Statutes Title 10 Sec. 1202

Cost to the wholesaler: shall mean the invoice cost of the merchandise to the wholesaler within 30 days prior to the date of sale, or the replacement cost of the merchandise to the wholesaler within 30 days prior to the date of sale, in the quantity last purchased, whichever is lower; less all trade discounts except customary discounts for cash; to which shall be added:

A. See Maine Revised Statutes Title 10 Sec. 1202

Dealer: means an individual, partnership, corporation, business trust or any other legal entity that is engaged in the business of selling or leasing, offering for sale or lease or negotiating the sale or lease of new motor vehicles, except auctioneers licensed by the Secretary of State. See Maine Revised Statutes Title 10 Sec. 1191

Deed: The legal instrument used to transfer title in real property from one person to another.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1

Department: means the Department of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13120-B

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.

Deputy inspector: means an individual in the employ of the State whose duties include the examination and inspection of elevators and tramways under the direction of the chief inspector. See Maine Revised Statutes Title 32 Sec. 15202

Direct supervision: means that a helper is working in the presence of a licensed elevator or lift mechanic at all times. See Maine Revised Statutes Title 32 Sec. 15202

Director: means the Director of the Office of Professional and Occupational Regulation within the department. See Maine Revised Statutes Title 32 Sec. 15202

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

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

Elementary school: means that portion of a school that provides instruction in any combination of kindergarten through grade 8. See Maine Revised Statutes Title 20-A Sec. 1

Elevator: includes an escalator or a manlift and means a guided hoisting and lowering mechanism equipped with a car, platform or load-carrying unit, including doors, well, enclosures, means and appurtenances. See Maine Revised Statutes Title 32 Sec. 15202

Elevator contractor: means any person, firm, partnership, association, corporation or company engaged in the installation, sale, service, maintenance or inspection of elevators in this State. See Maine Revised Statutes Title 32 Sec. 15202

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}

Established business relationship: means a prior or existing relationship formed by a voluntary 2-way communication between a seller and a consumer with an exchange of consideration on the basis of the consumer's purchase from or transaction with the seller within the 18 months immediately preceding the date of a free offer. See Maine Revised Statutes Title 10 Sec. 1210

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.

Expedited license: means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact. See Maine Revised Statutes Title 32 Sec. 18503

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.

Federal 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

Fiduciary: A trustee, executor, or administrator.

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

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}

Franchise: means an oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor or wholesaler grants to a watercraft dealer a license to use a trade name, service mark or related characteristic, and in which there is a community of interest in the marketing of watercraft or engines for watercraft or services related to watercraft at wholesale, retail, leasing or otherwise. See Maine Revised Statutes Title 10 Sec. 1196

Franchisee: means a watercraft dealer to whom a franchise is offered or granted. See Maine Revised Statutes Title 10 Sec. 1196

Franchisor: means a manufacturer, distributor or wholesaler who grants a franchise to a watercraft dealer. See Maine Revised Statutes Title 10 Sec. 1196

Fraud: Intentional deception resulting in injury to another.

Free offer: means an offer of a rebate or of products or services without cost to a consumer by a seller under which, as a result of accepting the rebate, products or services, the consumer is required to contact the seller to avoid incurring a financial obligation for receiving additional products or services. See Maine Revised Statutes Title 10 Sec. 1210

Gambling device: means any device, machine, paraphernalia or equipment that is used or usable in the playing phases of any gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine. See Maine Revised Statutes Title 17-A Sec. 952

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,

Grantor: The person who establishes a trust and places property into it.

Grantor: means the person who conveys a freehold estate or interest in land. See Maine Revised Statutes Title 1 Sec. 72

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.

Home rule authority: means the powers granted to municipalities under chapter 111; section 3001; and the Constitution of Maine, Article VIII, Part Second. See Maine Revised Statutes Title 30-A Sec. 2001

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

Ice-skating rink: means a building, facility or premises that provides an area used for ice-skating. See Maine Revised Statutes Title 8 Sec. 622

Illegal gambling machine: means any machine, including electronic devices, however operated:

A. See Maine Revised Statutes Title 17-A Sec. 952

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.

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Interstate commission: means the Interstate Medical Licensure Compact Commission created pursuant to section 18512. See Maine Revised Statutes Title 32 Sec. 18503

Kickboxing: means a combative sport that is a form of boxing in which blows are delivered with the hand and any part of the leg below the hip, including the bare foot, with the intent to disable or cause injury to an opponent in a contest, exhibition or event. See Maine Revised Statutes Title 8 Sec. 521

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

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}

Lease: means a contract providing for the use of a project or portions of a project for a term of years for a designated or determinable rent. See Maine Revised Statutes Title 5 Sec. 13120-B

Lessee: means a tenant under lease and may include an installment purchaser. See Maine Revised Statutes Title 5 Sec. 13120-B

License: means authorization by a state for a physician to engage in the practice of medicine. See Maine Revised Statutes Title 32 Sec. 18503

Licensed private tramway inspector: means an individual who has been licensed by the director to inspect tramways pursuant to this chapter and who is not a state employee whose duty is to inspect tramways. See Maine Revised Statutes Title 32 Sec. 15202

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Local development corporation: means any nonprofit organization created by a municipality that is incorporated under Title 13, chapter 81 or that is incorporated under Title 13?B or otherwise chartered by the State, which is designed to foster, encourage and assist the settlement or resettlement of industrial, manufacturing, fishing, agricultural, recreational and other business enterprises within the State. See Maine Revised Statutes Title 5 Sec. 13120-B

Lottery: means an unlawful gambling scheme in which:

A. See Maine Revised Statutes Title 17-A Sec. 952

machine gun: means a weapon of any description, by whatever name known, loaded or unloaded, which is capable of discharging a number of projectiles in rapid succession by one manual or mechanical action on the trigger or firing mechanism. See Maine Revised Statutes Title 17-A Sec. 1051

manufacturer: includes the term "distributor" or "wholesaler. See Maine Revised Statutes Title 10 Sec. 1196

Mark: means a word, name, symbol, device or any combination of the foregoing in any form or arrangement;

[PL 1969, c. See Maine Revised Statutes Title 10 Sec. 1211

Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.

Medical practice act: means the laws and rules governing the practice of allopathic and osteopathic medicine within a member state. See Maine Revised Statutes Title 32 Sec. 18503

Member board: means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation and education of physicians as directed by the state government. See Maine Revised Statutes Title 32 Sec. 18503

Member state: means a state that has enacted the compact. See Maine Revised Statutes Title 32 Sec. 18503

Merrymeeting Bay: means the waters of the Kennebec River bounded as follows: from the high-tension wires at Chop's Point to the first dam on the Androscoggin River, to the first road bridge on the Muddy, Cathance, Abbagadassett and Eastern Rivers and to the Richmond-Dresden Bridge on the Kennebec River, in the counties of Cumberland, Sagadahoc and Lincoln. 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

Mixed martial arts: means a combative sport for compensation that features a mixture of karate, jiu-jitsu, Muay Thai, tae kwon do, boxing, kickboxing, wrestling, judo and striking and grappling techniques. See Maine Revised Statutes Title 8 Sec. 521

Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72

Mortgagee: The person to whom property is mortgaged and who has loaned the money.

Motor vehicle: means any self-propelled vehicle designed primarily to transport not more than 14 individuals, except motorcycles, snowmobiles, all-terrain vehicles, customized vans and any vehicle operated exclusively on a rail or rails. See Maine Revised Statutes Title 10 Sec. 1191

Muay Thai: means a combative sport that is a form of boxing in which blows are delivered with the fist, elbow, knee and shin and in which various clinching techniques are employed, with the intent to disable or cause injury to an opponent in a contest, exhibition or event. See Maine Revised Statutes Title 8 Sec. 521

municipal clerk: means the clerk of a municipality. See Maine Revised Statutes Title 30-A Sec. 2001

Municipal fire department: means an organized firefighting unit established under municipal charter, ordinance or bylaw to prevent and extinguish fires and, if authorized by charter, ordinance or bylaw, to provide emergency services. See Maine Revised Statutes Title 30-A Sec. 3151

Municipal firefighter: includes a volunteer municipal firefighter. See Maine Revised Statutes Title 30-A Sec. 3151

Municipal legislative body: means :