WHAT THE WORDS MEAN
Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Maine law uses, what it actually means, and the misreading it usually collects.
58 terms
A
Administrative suspension
The suspension the Secretary of State imposes on a driver found to have operated at 0.08 grams or more, separate from any court case.
Also called excessive alcohol level suspension
The suspension the Secretary of State imposes on a driver found to have operated at 0.08 grams or more, separate from any court case.
What it is not
It is not stayed by a criminal case; it is stayed by a written hearing request received within 10 days from the date it takes effect.
B
Bodily injury
Physical pain, physical illness or any impairment of physical condition.
Physical pain, physical illness or any impairment of physical condition.
What it is not
No visible mark is needed: pain alone is bodily injury.
C
Civil violation
An offense punished by a fine rather than as a crime, such as using drug paraphernalia, with a $300 fine, or consuming cannabis in public, with a fine of up to $100.
Also called civil fine
An offense punished by a fine rather than as a crime, such as using drug paraphernalia, with a $300 fine, or consuming cannabis in public, with a fine of up to $100.
What it is not
A civil violation is not a criminal conviction, though the fine is real and some cannot be suspended.
Class A, B, C, D or E crime
The sentencing class of a crime in Maine's code, from Class A, with up to 30 years, to Class E, with up to 6 months.
Also called felony, misdemeanor, crime class
The sentencing class of a crime in Maine's code, from Class A, with up to 30 years, to Class E, with up to 6 months.
What it is not
The classes are the code's own scale; a Class D crime carries less than one year, and a Class E crime up to 6 months.
Concealed carry without a permit
Carrying a concealed handgun without a permit, allowed for a person 21 or older not otherwise barred from having a firearm, and for service members and veterans 18 or older.
Also called permitless carry, constitutional carry
Carrying a concealed handgun without a permit, allowed for a person 21 or older not otherwise barred from having a firearm, and for service members and veterans 18 or older.
What it is not
It does not lift the rules on where firearms are barred, and the carrier tells an officer at a stop.
Course of conduct
Two or more acts, by any action, device or means, such as following, monitoring, tracking, threatening or communicating, that make up stalking.
Two or more acts, by any action, device or means, such as following, monitoring, tracking, threatening or communicating, that make up stalking.
What it is not
It can be done entirely online or through a device, without ever being near the person.
D
Domestic violence assault
An assault on a family or household member or a dating partner, a Class D crime, and a Class C crime with a prior domestic violence conviction.
Also called domestic assault
An assault on a family or household member or a dating partner, a Class D crime, and a Class C crime with a prior domestic violence conviction.
What it is not
Dating partners count even if they never lived together.
Driving to endanger
Driving a motor vehicle anywhere with criminal negligence in a way that endangers any person or another's property. It is a Class E crime with a license suspension and a fine of at least $575.
Also called reckless driving
Driving a motor vehicle anywhere with criminal negligence in a way that endangers any person or another's property. It is a Class E crime with a license suspension and a fine of at least $575.
What it is not
It reaches the driver's own passengers and the driver too, not only other people on the road.
Duty to inform
The duty of a person carrying a concealed handgun without a Maine permit to tell an officer immediately, on first contact, during any arrest, detention or traffic stop.
The duty of a person carrying a concealed handgun without a Maine permit to tell an officer immediately, on first contact, during any arrest, detention or traffic stop.
What it is not
A Maine permit holder is not under this duty, though a permit is shown on demand.
Dwelling place
A structure adapted for people to stay overnight, whether or not anyone is there, but not a garage or shed used only for storage.
Also called home, residence
A structure adapted for people to stay overnight, whether or not anyone is there, but not a garage or shed used only for storage.
What it is not
Burglary of a dwelling place is Class B even if no one was home.
E
Earned paid leave
Paid leave an employee of an employer with more than 10 employees earns at one hour for every 40 worked, up to 40 hours a year.
Also called paid time off, PTO
Paid leave an employee of an employer with more than 10 employees earns at one hour for every 40 worked, up to 40 hours a year.
What it is not
It need not be allowed for use until the employee has worked there 120 days.
Executive session
A closed part of a public meeting, called only by a public, recorded vote of 3/5 of the members present and voting, on a motion naming the business and the law that allows it.
Also called closed session
A closed part of a public meeting, called only by a public, recorded vote of 3/5 of the members present and voting, on a motion naming the business and the law that allows it.
What it is not
No official action may be finally approved in one.
Exempt property
Property a creditor with a judgment cannot take, such as a residence up to the stated amount, one vehicle, household goods and cash up to $3,000, each amount adjusted yearly.
Property a creditor with a judgment cannot take, such as a residence up to the stated amount, one vehicle, household goods and cash up to $3,000, each amount adjusted yearly.
What it is not
The amounts printed in the section rise each year with the consumer price index.
Exemption from civil suit
The protection an employer that carries workers' compensation has from lawsuits over an employee's work injuries, extended to its supervisors, officers and directors.
Also called exclusive remedy, workers comp bar
The protection an employer that carries workers' compensation has from lawsuits over an employee's work injuries, extended to its supervisors, officers and directors.
What it is not
It does not cover an illegally employed minor.
F
Forcible entry and detainer
The court case a landlord brings to remove a tenant, served like any civil case with the court's form notice, ending in a writ of possession if the landlord wins.
Also called FED, eviction case
The court case a landlord brings to remove a tenant, served like any civil case with the court's form notice, ending in a writ of possession if the landlord wins.
What it is not
Despite the name, there need not have been any force.
Freedom of Access Act
Maine's public records law: anyone may inspect or copy a public record, the agency acknowledges a request within 5 working days, and the first 2 hours of staff time are free.
Also called FOAA, public records law
Maine's public records law: anyone may inspect or copy a public record, the agency acknowledges a request within 5 working days, and the first 2 hours of staff time are free.
What it is not
An agency need not create a record that does not exist.
G
General support
Spousal support for a spouse with substantially less income potential, presumed unavailable when the marriage lasted less than 10 years at filing.
Also called alimony
Spousal support for a spouse with substantially less income potential, presumed unavailable when the marriage lasted less than 10 years at filing.
What it is not
It is one of five kinds; transitional and reimbursement support follow other rules.
H
Hands free mode
Using a phone or handheld device without either hand, through an internal feature or an attachment, allowed for drivers 18 or older who are not on a permit or intermediate license.
Also called hands free, phone mount
Using a phone or handheld device without either hand, through an internal feature or an attachment, allowed for drivers 18 or older who are not on a permit or intermediate license.
What it is not
A single tap or swipe on a mounted phone is allowed; holding it at a red light is not.
Holographic will
A will whose signature and material portions are in the testator's own handwriting, valid whether or not witnessed.
Also called handwritten will
A will whose signature and material portions are in the testator's own handwriting, valid whether or not witnessed.
What it is not
A typed will without 2 witnesses is not saved by being signed by hand.
I
Ignition interlock
An approved device in the vehicle a person drives that lets the Secretary of State reinstate a license before an OUI suspension ends, for the time left on the suspension.
Also called interlock device, breathalyzer in the car
An approved device in the vehicle a person drives that lets the Secretary of State reinstate a license before an OUI suspension ends, for the time left on the suspension.
What it is not
Driving a vehicle without the device, or tampering with it, is its own violation.
Illegal eviction
Removing a tenant without the court process, including cutting utilities, changing locks or holding the tenant's property. It brings actual damages or $250, whichever is greater, or costs and fees.
Also called self help eviction, lockout
Removing a tenant without the court process, including cutting utilities, changing locks or holding the tenant's property. It brings actual damages or $250, whichever is greater, or costs and fees.
What it is not
A brief interruption during actual repairs or an emergency is not an illegal eviction.
Implied consent
The duty of a person the police have probable cause to believe operated under the influence to submit to and complete a test of blood, breath or urine.
Also called breath test, chemical test
The duty of a person the police have probable cause to believe operated under the influence to submit to and complete a test of blood, breath or urine.
What it is not
A refusal counts against the driver only after the officer has given the warnings the law requires.
In the officer's presence
Conduct an officer's own senses give personal knowledge of, enough for a prudent officer to believe a Class D or Class E crime is happening or just happened, which allows a warrantless arrest for those classes.
Conduct an officer's own senses give personal knowledge of, enough for a prudent officer to believe a Class D or Class E crime is happening or just happened, which allows a warrantless arrest for those classes.
What it is not
For Class A, B or C crimes, an officer needs only probable cause, not presence.
Intercept
Hearing or recording a call or conversation with a device by anyone other than the sender or receiver, someone in normal hearing range, or a person given prior authority by a party.
Also called wiretap, eavesdropping
Hearing or recording a call or conversation with a device by anyone other than the sender or receiver, someone in normal hearing range, or a person given prior authority by a party.
What it is not
A person in the conversation who records it does not intercept it.
Intermediate license
The first 270 days of a license held by a driver under 18, with no passengers outside the immediate family unless a qualifying adult is along, no driving between 12 a.m. and 5 a.m., and no handheld device.
Also called new driver restrictions, teen license limits
The first 270 days of a license held by a driver under 18, with no passengers outside the immediate family unless a qualifying adult is along, no driving between 12 a.m. and 5 a.m., and no handheld device.
What it is not
The limits can run past the 18th birthday, and a violation adds another 270 days.
J
Juvenile provisional license
A license issued to someone under 21, provisional for 2 years from issue or until the holder turns 21, whichever comes last, with the condition of no alcohol at all while driving.
Also called provisional license, zero tolerance
A license issued to someone under 21, provisional for 2 years from issue or until the holder turns 21, whichever comes last, with the condition of no alcohol at all while driving.
What it is not
The limit is not 0.08: it is any alcohol level above 0.00 grams.
L
Liquidated damages
The additional amount, equal to twice the unpaid wages, added to a judgment for unpaid wages along with interest, costs and a reasonable attorney's fee.
Also called double damages
The additional amount, equal to twice the unpaid wages, added to a judgment for unpaid wages along with interest, costs and a reasonable attorney's fee.
What it is not
It comes on top of the wages themselves.
M
Mandated reporter
A person the law requires to report suspected child abuse or neglect immediately, such as a physician, teacher or caregiver, acting in that role.
A person the law requires to report suspected child abuse or neglect immediately, such as a physician, teacher or caregiver, acting in that role.
What it is not
Anyone else may report too; the duty is what is limited to the listed roles.
Marital property
Property either spouse acquired during the marriage, whoever holds title, apart from gifts, inheritances and the other exclusions the law lists.
Property either spouse acquired during the marriage, whoever holds title, apart from gifts, inheritances and the other exclusions the law lists.
What it is not
Title in one spouse's name does not make property separate.
Misconduct
For unemployment, a culpable breach of duties to the employer or a pattern of irresponsible behavior that shows disregard for a material interest of the employer.
For unemployment, a culpable breach of duties to the employer or a pattern of irresponsible behavior that shows disregard for a material interest of the employer.
What it is not
An employer may fire for reasons that are not misconduct, and a finding of no misconduct does not mean the firing lacked reason.
N
Normal wear and tear
The deterioration that comes from ordinary use without negligence, carelessness, accident or abuse, which a deposit may not be kept to pay for.
The deterioration that comes from ordinary use without negligence, carelessness, accident or abuse, which a deposit may not be kept to pay for.
What it is not
Hauling away trash a tenant abandoned is not wear and tear.
O
OUI
Operating a motor vehicle while under the influence of intoxicants, or with an alcohol level of 0.08 grams or more. A first offense is a Class D crime.
Also called operating under the influence, drunk driving, DUI
Operating a motor vehicle while under the influence of intoxicants, or with an alcohol level of 0.08 grams or more. A first offense is a Class D crime.
What it is not
It is a strict liability crime: proving the alcohol level alone is enough, and the minimum penalties cannot be suspended.
P
Parental rights and responsibilities
Maine's term for custody, awarded shared, allocated or sole by the best interest of the child.
Also called custody, parenting time
Maine's term for custody, awarded shared, allocated or sole by the best interest of the child.
What it is not
Shared rights do not mean equal time; primary residential care can still go to one parent.
Personal recognizance
Release before trial on a promise to appear, the starting point for a crime bailable as of right unless it would not reasonably ensure appearance, no new crime and safety.
Also called released on recognizance, unsecured bond
Release before trial on a promise to appear, the starting point for a crime bailable as of right unless it would not reasonably ensure appearance, no new crime and safety.
What it is not
Conditions beyond it are the least restrictive that will do.
Posted land
Land marked with signs, or with paint marks of a vertical line at least one inch wide and 8 inches long, meaning access is prohibited without the landowner's permission.
Also called no trespassing paint, purple paint
Land marked with signs, or with paint marks of a vertical line at least one inch wide and 8 inches long, meaning access is prohibited without the landowner's permission.
What it is not
A paint mark carries the same meaning as a sign.
Presumption of retaliation
The rule that an eviction filed within 6 months after a tenant asserted certain rights or complained is presumed retaliatory, and no writ issues unless the landlord rebuts it.
The rule that an eviction filed within 6 months after a tenant asserted certain rights or complained is presumed retaliatory, and no writ issues unless the landlord rebuts it.
What it is not
It does not apply to an eviction for unpaid rent or other listed causes, unless the tenant used repair and deduct.
Private place
A place where a person may reasonably expect to be safe from surveillance, such as a changing room or a bathroom.
A place where a person may reasonably expect to be safe from surveillance, such as a changing room or a bathroom.
What it is not
A device installed there without consent is a crime even if nothing is recorded.
Protected person
A person who in good faith calls for help in a suspected drug overdose, anyone giving aid there, and the person overdosing, all immune from arrest and prosecution for what the response turns up.
Also called good samaritan
A person who in good faith calls for help in a suspected drug overdose, anyone giving aid there, and the person overdosing, all immune from arrest and prosecution for what the response turns up.
What it is not
The immunity does not reach excluded crimes such as violence, crimes against children and OUI.
Protection from abuse order
A court order against abuse by a family or household member, dating partner or relative, or against stalking or sexual crimes by anyone, for a fixed period of up to 2 years.
Also called PFA, restraining order
A court order against abuse by a family or household member, dating partner or relative, or against stalking or sexual crimes by anyone, for a fixed period of up to 2 years.
What it is not
A protection from harassment order is a different order, for up to one year.
Public service vehicle
A vehicle helping with disabled vehicles, clearing debris, collecting trash or working on utility lines. When one is stopped with its lights on, passing drivers move to a lane not next to it if possible, or slow down.
Also called tow truck, wrecker, utility truck
A vehicle helping with disabled vehicles, clearing debris, collecting trash or working on utility lines. When one is stopped with its lights on, passing drivers move to a lane not next to it if possible, or slow down.
What it is not
The move over rule is not only for police and ambulances; a wrecker or utility truck with its lights on counts.
R
Reasonable and articulable suspicion
The suspicion an officer needs that a violation has taken or is taking place before stopping a motor vehicle.
Also called reasonable suspicion
The suspicion an officer needs that a violation has taken or is taking place before stopping a motor vehicle.
What it is not
It is less than probable cause, which an arrest needs.
Reportable accident
A crash on a public way, or where public traffic is expected, that causes injury or death or apparent property damage of $2,000 or more, reported immediately to the police.
Also called crash report
A crash on a public way, or where public traffic is expected, that causes injury or death or apparent property damage of $2,000 or more, reported immediately to the police.
What it is not
The damage is measured by the cost of repairs, not by what the car is worth.
S
Scheduled drug
A drug on one of Maine's schedules W, X, Y and Z. The schedule, and for some drugs the amount, sets the class of a possession charge.
Also called schedule W, controlled substance
A drug on one of Maine's schedules W, X, Y and Z. The schedule, and for some drugs the amount, sets the class of a possession charge.
What it is not
Maine's schedules are lettered, not numbered like the federal ones.
Sealing
A court order making criminal history record information about an eligible conviction confidential, so criminal justice agencies do not give it out to the public.
Also called expungement, record sealing
A court order making criminal history record information about an eligible conviction confidential, so criminal justice agencies do not give it out to the public.
What it is not
A later conviction anywhere unseals it.
Serious bodily injury
Injury that creates a substantial risk of death, or causes serious permanent disfigurement, loss or substantial impairment of a bodily member or organ, or extended convalescence.
Injury that creates a substantial risk of death, or causes serious permanent disfigurement, loss or substantial impairment of a bodily member or organ, or extended convalescence.
What it is not
It raises the class of many crimes, from OUI to eluding, when it results.
Small claim
A claim for a debt or damage of no more than $10,000, not counting interest and costs, heard in a simple, informal District Court procedure.
A claim for a debt or damage of no more than $10,000, not counting interest and costs, heard in a simple, informal District Court procedure.
What it is not
It cannot decide title to real estate.
State certified arbitration
The informal dispute procedure the Attorney General's office runs for complaints that a new vehicle is defective enough for relief under the lemon law.
Also called lemon law arbitration
The informal dispute procedure the Attorney General's office runs for complaints that a new vehicle is defective enough for relief under the lemon law.
What it is not
The lemon law runs against the manufacturer, not the dealer.
Statute of limitations
The time within which a lawsuit has to be filed: 6 years after the claim accrues for most civil actions in Maine.
Also called deadline to sue
The time within which a lawsuit has to be filed: 6 years after the claim accrues for most civil actions in Maine.
What it is not
Many kinds of claims have their own shorter periods set by other statutes.
Strict liability crime
A crime proved by the act alone, without showing the person meant to or knew. Driving unlicensed and OUI are both strict liability crimes.
A crime proved by the act alone, without showing the person meant to or knew. Driving unlicensed and OUI are both strict liability crimes.
What it is not
Not knowing about the rule is not a defense to a strict liability crime.
Summons
A written order to appear in court an officer may hand out instead of making an arrest, on the Uniform Summons and Complaint, which the person signs as a promise to appear.
Also called uniform summons and complaint, criminal summons
A written order to appear in court an officer may hand out instead of making an arrest, on the Uniform Summons and Complaint, which the person signs as a promise to appear.
What it is not
Refusing to sign after being ordered to is a Class E crime of its own.
Surrogate
A family member, in an order the law sets starting with the spouse, who makes health care decisions for a patient who lacks capacity and has no agent or guardian.
Also called next of kin decision maker
A family member, in an order the law sets starting with the spouse, who makes health care decisions for a patient who lacks capacity and has no agent or guardian.
What it is not
A surrogate may not refuse lifesaving, medically necessary procedures.
T
Tenancy at will
A rental with no fixed term, ended by at least 30 days' written notice from either side, or 7 days for the causes the law lists.
Also called month to month
A rental with no fixed term, ended by at least 30 days' written notice from either side, or 7 days for the causes the law lists.
What it is not
Once the notice runs, the tenant still cannot be removed without a court case.
Tip credit
The part of a service employee's minimum wage an employer may cover with tips, up to 50% of the minimum, when the employee was told in advance and wages and tips together reach the minimum.
The part of a service employee's minimum wage an employer may cover with tips, up to 50% of the minimum, when the employee was told in advance and wages and tips together reach the minimum.
What it is not
The tips themselves stay the employee's property and cannot be shared with the employer.
Traffic infraction
A traffic violation that is not a crime. The penalty is a fine of $25 to $500 unless another section says otherwise, a license suspension, or both.
Also called ticket, civil traffic violation
A traffic violation that is not a crime. The penalty is a fine of $25 to $500 unless another section says otherwise, a license suspension, or both.
What it is not
There is no jury for a traffic infraction, and the State proves it by a preponderance of the evidence rather than beyond a reasonable doubt.
U
Unfair Trade Practices Act
The law making unfair or deceptive acts in trade unlawful, with a suit for consumers who lost money or property, after a written demand 30 days ahead.
Also called UTPA, consumer protection law
The law making unfair or deceptive acts in trade unlawful, with a suit for consumers who lost money or property, after a written demand 30 days ahead.
What it is not
It covers purchases mainly for personal, family or household use, not business purchases.
W
Warranty of habitability
The landlord's promise, in every rental agreement written or spoken, that the unit is fit for human habitation.
Also called fit for human habitation
The landlord's promise, in every rental agreement written or spoken, that the unit is fit for human habitation.
What it is not
A tenant may give up a specific condition only in a written agreement for a stated reduction in rent; any other waiver is void.
Writ of possession
The court's order, issued seven calendar days after judgment, that a sheriff or constable serves to remove the tenant.
The court's order, issued seven calendar days after judgment, that a sheriff or constable serves to remove the tenant.
What it is not
A tenant at will who pays all arrears and fees before it issues gets the tenancy back.
About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Maine attorney answers and a glossary cannot. Current as of October 2026.