Terms Used In Hawaii Revised Statutes > Chapter 124B > Part V - Composition of Courts-Martial

• Accidental harm: means bodily injury, death, sickness, or disease caused by a motorcycle or motor scooter accident to a person. See Hawaii Revised Statutes 431:10G-101
• Accuser: means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused. See Hawaii Revised Statutes 124B-1
• Actual earnings from employment: means the total compensation, including reported amount of tips for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation, but shall not include the reasonable cost to an employer of furnishing an employee with fringe benefits or board, lodging, or other facilities and non-cash gratuities of any kind. See Hawaii Revised Statutes 373-1
• Additional unemployment benefits: means the unemployment compensation benefits payable under this chapter. See Hawaii Revised Statutes 385-2
• Adjutant general: means the adjutant general of the State as defined in section 121-7. See Hawaii Revised Statutes 124B-1
• Advertisement: means any communication, excluding sundry items such as bumper stickers, that:
  (1) Identifies a candidate directly or by implication, or identifies an issue or question that will appear on the ballot at the next applicable election; and
  (2) Advocates or supports the nomination, opposition, or election of the candidate, or advocates the passage or defeat of the issue or question on the ballot. See Hawaii Revised Statutes 11-302
• 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.
• 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.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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.
• Applicant: means any person who uses the services of an employment agency to secure employment for that person. See Hawaii Revised Statutes 373-1
• Applicant: means :

  (1) In the case of an individual long-term care insurance policy, the person who seeks to contract for benefits; and

  (2) In the case of a group long-term care insurance policy, the proposed certificate holder. See Hawaii Revised Statutes 431:10H-104

• Apprentice: means a worker at least sixteen years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation in accordance with the standards of apprenticeship established by this chapter. See Hawaii Revised Statutes 372-2
• Apprenticeship agreement: is a written agreement between an apprentice and either the apprentice's program sponsors or an apprenticeship committee acting as agent for the program sponsors. See Hawaii Revised Statutes 372-2
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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}
• Benefit year: refers to "benefit year" as that term is defined in section 383-1. See Hawaii Revised Statutes 385-2
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 6D-1
• Board: means the Hawaii labor relations board, provided for by sections 26-20, 89-5, and 377-2. See Hawaii Revised Statutes 377-1
• Board: means the fund's board of directors. See Hawaii Revised Statutes 386A-1
• Business income: means income arising from transactions and activity in the regular course of the taxpayer's trade or business and includes income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the taxpayer's regular trade or business operations. See Hawaii Revised Statutes 235-21
• C corporation: means a corporation which is not an S corporation. See Hawaii Revised Statutes 235-121
• Cave: means any naturally occurring void, cavity, recess, or system of interconnected passages large enough for human entry, occurring beneath the surface of the earth or within a cliff or ledge, including the cave resources therein, whether or not an entrance exists or is natural or artificial, and that is of archaeological, geological, biological, or cultural significance. See Hawaii Revised Statutes 6D-1
• Certificate: means , for the purposes of this article, any certificate issued under a group long-term care insurance policy, which policy has been delivered or issued for delivery in this State. See Hawaii Revised Statutes 431:10H-104
• Claimant: means an individual:

  (1) Who has an unexpired benefit year and has exhausted normal benefits;

  (2) Whose benefit year expired, or whose normal benefits were exhausted, within a period of twenty-six consecutive weeks immediately preceding the week in which the proclamation provided for in section 385-1 became effective;

  (3) Who was employed during the week in which the governor's proclamation pursuant to section 385-1 became effective, but who became unemployed and whose total earned wages are insufficient for normal benefits; or

  (4) Whose unemployment was proximately caused by the disaster identified by the governor in the proclamation provided for in section 385-1 and was self-employed during the week in which the disaster occurred. See Hawaii Revised Statutes 385-2

• Client company: means any person that enters into a professional employer agreement with a professional employer organization and has covered employees. See Hawaii Revised Statutes 373L-1
• Collective bargaining unit: means all of the employees of one employer (employed within the State), except that where the board has determined and certified that such employees engaged in a single craft, division, department, or plant as provided in section 377-5(b) constitute a separate bargaining unit they shall be so considered. See Hawaii Revised Statutes 377-1
• Commanding officer: includes :
  (1) Only commissioned officers of the state military forces; and
  (2) Officers in charge only when administering nonjudicial punishment under section 124B-21. See Hawaii Revised Statutes 124B-1
• Commercial domicile: means the principal place from which the trade or business of the taxpayer is directed or managed. See Hawaii Revised Statutes 235-21
• Commercial entry: means an activity undertaken to exhibit a cave for which compensation is received by any person for goods, services, or both, rendered to customers or participants in that use or activity. See Hawaii Revised Statutes 6D-1
• Commission: means the campaign spending commission. See Hawaii Revised Statutes 11-302
• Commissioned officer: includes a commissioned warrant officer. See Hawaii Revised Statutes 124B-1
• 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.
• Compensation: means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. See Hawaii Revised Statutes 235-21
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Contract: A legal written agreement that becomes binding when signed.
• Contract: means an annuity contract; provided that the term "contract" shall not include an annuity used to fund an employment-based retirement plan or program where:

  (1) The insurer does not perform the record keeping services; or

  (2) The insurer is not committed by terms of the annuity contract to pay death benefits to the beneficiaries of specific plan participants. See Hawaii Revised Statutes 431:10D-653

• Contribution: means :
  (1) A gift, subscription, deposit of money or anything of value, or cancellation of a debt or legal obligation and includes the purchase of tickets to fundraisers, for the purpose of:

  (A) Influencing the nomination for election, or the election, of any person to office;

  (B) Influencing the outcome of any question or issue that has been certified to appear on the ballot at the next applicable election; or

  (C) Use by any candidate committee or noncandidate committee for the purpose of subparagraph (A) or (B);
  (2) The payment, by any person or party other than a candidate, candidate committee, or noncandidate committee, of compensation for the services of another person that are rendered to the candidate, candidate committee, or noncandidate committee without charge or at an unreasonably low charge for a purpose listed in paragraph (1);
  (3) A contract, promise, or agreement to make a contribution; or
  (4) Any loans or advances that are not documented or disclosed to the commission as provided in section 11-372;

  "Contribution" does not include:

  (1) Services voluntarily provided without compensation by individuals to or on behalf of a candidate, candidate committee, or noncandidate committee;
  (2) A candidate's expenditure of the candidate's own funds; provided that this expenditure shall be reportable as other receipts and expenditures;
  (3) Any loans or advances to the candidate committee; provided that these loans or advances shall be reported as loans; or
  (4) An individual, candidate committee, or noncandidate committee engaging in internet activities for the purpose of influencing an election if:

  (A) The individual, candidate committee, or noncandidate committee is uncompensated for the internet activities; or

  (B) The individual, candidate committee, or noncandidate committee uses equipment or services for uncompensated internet activities, regardless of who owns the equipment and services. See Hawaii Revised Statutes 11-302
• Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See Hawaii Revised Statutes 124B-1
• 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.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Covered employee: means an individual who performs services for a client company pursuant to a professional employer agreement. See Hawaii Revised Statutes 373L-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Death master file: means the United States Social Security Administration's death master file or any other database or service that is at least as comprehensive as the United States Social Security Administration's death master file for determining that a person has reportedly died. See Hawaii Revised Statutes 431:10D-653
• Death master file match: means a search of the death master file that results in a match of the social security number or the name and date of birth of an insured, annuity owner, or retained asset account holder. See Hawaii Revised Statutes 431:10D-653
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 372-2
• Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 373L-1
• Dependent: A person dependent for support upon another.
• Determinable elements: means elements that are derived from processes or methods that are guaranteed at issue and not subject to company discretion but where the values or amounts cannot be determined until some point after issue. See Hawaii Revised Statutes 431:10D-601
• Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 372-2
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 373-1
• Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 373L-1
• Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 381-1
• Director: means the director of labor and industrial relations of the State. See Hawaii Revised Statutes 385-2
• Disclosure document: means a document provided by an insurer to applicants or prospective applicants for an annuity contract that explains the terms of the contract and contains the information required in section 431:10D-603(d). See Hawaii Revised Statutes 431:10D-601
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Donor: The person who makes a gift.
• Election: means a proceeding in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives or for any other purpose specified in this chapter and shall include elections conducted by the board, or, unless the context clearly indicates otherwise, by any tribunal having competent jurisdiction or whose jurisdiction was accepted by the parties. See Hawaii Revised Statutes 377-1
• Employee: includes any person, other than an independent contractor, working for another for hire in the State, and shall not be limited to the employees of a particular employer unless the context clearly indicates otherwise. See Hawaii Revised Statutes 377-1
• Employee: means any person, whether or not a member of a labor organization, in the employ of a public utility and whose duties pertain or relate to the public utility service in which the public utility is engaged. See Hawaii Revised Statutes 381-1
• Employee: means any person employed by an employer. See Hawaii Revised Statutes 382-1
• Employer: means any individual, partnership, corporation, or association, employing or seeking to employ any person for hire. See Hawaii Revised Statutes 373-1
• Employer: means a person who engages the services of an employee, and includes any person acting on behalf of an employer, but shall not include the State or any political subdivision thereof, or any labor organization or anyone acting in behalf of such organization other than when it is acting as an employer in fact. See Hawaii Revised Statutes 377-1
• Employer: means any person who employs the services of employees in the stevedoring industry, but shall not include the State or any agency thereof. See Hawaii Revised Statutes 382-1
• Employment agency: means any individual, partnership, corporation, or association engaged in the business of providing employment information, procuring employment for applicants, or procuring employees for placement with employers upon request, for a fee or other valuable thing, exacted, charged, or received, but shall not include the United States or the State or instrumentalities thereof. See Hawaii Revised Statutes 373-1
• Enlisted member: means a person in an enlisted grade. See Hawaii Revised Statutes 124B-1
• 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}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• 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.
• 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.
• federally tax-qualified long-term care insurance contract: means an individual or group insurance contract that meets the requirements of section 7702B (b) of the Internal Revenue Code of 1986, as amended, as follows:

  (1) The only insurance protection provided under the contract is coverage of qualified long-term care services. See Hawaii Revised Statutes 431:10H-104

• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Flag: means any flag, standard, color, ensign, or any picture or representation of either made of any substance or represented on any substance, and of any size, evidently purporting to be, either of, the flag, standard, color, or ensign of the State of Hawaii or a picture or representation, of either upon which shall be shown the jack, the colors and stripes in any number of either, or by which the person seeing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the State of Hawaii. See Hawaii Revised Statutes 5-18
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the additional unemployment compensation fund established by this chapter. See Hawaii Revised Statutes 385-2
• Fund: means the Hawaii state compensation mutual insurance fund. See Hawaii Revised Statutes 386A-1
• Generic name: means a short title descriptive of the annuity contract being applied for or illustrated, such as "single premium deferred annuity". See Hawaii Revised Statutes 431:10D-601
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governor: means the governor of the State. See Hawaii Revised Statutes 124B-1
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grade: means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation. See Hawaii Revised Statutes 124B-1
• Grantor: The person who establishes a trust and places property into it.
• Group long-term care insurance: means a long-term care insurance policy which is delivered or issued for delivery in this State and issued to:

  (1) One or more employers or labor organizations, or a trust or to the trustees of a fund established by one or more employers or labor organizations, or a combination thereof, for employees or former employees or a combination thereof or for members or former members or a combination thereof, of the labor organizations; or

  (2) Any professional, trade, or occupational association for its members or former or retired members, or combination thereof, if the association:

  (A) Is composed of individuals all of whom are or were actively engaged in the same profession, trade, or occupation; and

  (B) Has been maintained in good faith for purposes other than obtaining insurance; or

  (3) An association or a trust or the trustees of a fund established, created, or maintained for the benefit of members of one or more associations. See Hawaii Revised Statutes 431:10H-104

• 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.
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Injury: means accidental harm not resulting in death. See Hawaii Revised Statutes 431:10G-101
• inquiry: means a telephone call or other communication made to an insurer regarding the terms, conditions, or coverage afforded under an insurance policy that does not result in a claim, including questions concerning whether a policy will cover a loss or the process for filing a claim. See Hawaii Revised Statutes 431:10E-123
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Inter vivos: Transfer of property from one living person to another living person.
• 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}
• Internal Revenue Code: means subtitle A, chapter 1, of the federal Internal Revenue Code of 1986, as amended as of December 31, 2022, as it applies to the determination of gross income, adjusted gross income, ordinary income and loss, and taxable income, except those provisions of the Internal Revenue Code which, pursuant to this chapter, do not apply or are otherwise limited in application. See Hawaii Revised Statutes 235-2.3
• Internal Revenue Code: has the meaning set forth in section 235-2. See Hawaii Revised Statutes 235-121
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state, and is:
  (1) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard, or a reserve component of one of the above;
  (2) Certified as a non-federally recognized judge advocate by the senior force judge advocate as competent to perform the military justice duties required by this chapter; or
  (3) Certified by a senior judge advocate of the commander of another force in the state military forces, as the convening authority directs; provided that there is no judge advocate available as described under paragraph (1) or (2). See Hawaii Revised Statutes 124B-1
• 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.
• Labor dispute: includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. See Hawaii Revised Statutes 377-1
• labor dispute: includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee. See Hawaii Revised Statutes 380-13
• Labor organization: means any organization of employees which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning wages, hours, and other terms and conditions of employment. See Hawaii Revised Statutes 382-1
• lava zone: means a volcanic hazard zone identified by the United States Geological Survey on the island of Hawaii. See Hawaii Revised Statutes 431:10E-141
• 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}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• 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.
• Lockout: means the refusal of a public utility to furnish work to employees as a result of a labor dispute. See Hawaii Revised Statutes 381-1
• Lockout: means the refusal of an employer to furnish work to employees as the result of a labor dispute between the employer and its employees. See Hawaii Revised Statutes 382-1
• Long-term care insurance: means any insurance policy or rider advertised, marketed, offered, or designed to provide coverage for not less than twelve consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other basis, for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting other than an acute care unit of a hospital. See Hawaii Revised Statutes 431:10H-104
• Military: refers to any or all of the armed forces. See Hawaii Revised Statutes 124B-1
• Military court: means a court-martial or court of inquiry. See Hawaii Revised Statutes 124B-1
• Military judge: means an official of a general or special court-martial detailed in accordance with part V of this chapter. See Hawaii Revised Statutes 124B-1
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Motor scooter: has the meaning prescribed by § 286-2. See Hawaii Revised Statutes 431:10G-101
• Motorcycle: has the meaning prescribed by § 286-2. See Hawaii Revised Statutes 431:10G-101
• NAIC: means the National Association of Insurance Commissioners. See Hawaii Revised Statutes 431:10H-104
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Non-guaranteed elements: means :

  (1) Premiums;

  (2) Credited interest rates, including any bonus;

  (3) Benefits;

  (4) Values;

  (5) Non-interest-based credits;

  (6) Charges; or

  (7) Elements of formulas used to determine any of the above, which are subject to company discretion and are not guaranteed at issue. See Hawaii Revised Statutes 431:10D-601

• Nonbusiness income: means all income other than business income. See Hawaii Revised Statutes 235-21
• Noncandidate committee: means an organization, association, party, or individual that has the purpose of making or receiving contributions, making expenditures, or incurring financial obligations to influence the nomination for election, or the election, of any candidate to office, or for or against any question or issue on the ballot; provided that a noncandidate committee does not include:
  (1) A candidate committee;
  (2) Any individual making a contribution or making an expenditure of the individual's own funds or anything of value that the individual originally acquired for the individual's own use and not for the purpose of evading any provision of this part; or
  (3) Any organization that raises or expends funds for the sole purpose of producing and disseminating informational or educational communications that are not made to influence the outcome of an election, question, or issue on a ballot. See Hawaii Revised Statutes 11-302
• Normal benefits: means the unemployment compensation benefits payable pursuant to chapter 383. See Hawaii Revised Statutes 385-2
• Oath: A promise to tell the truth.
• oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
• 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.
• Office: means any Hawaii elective public or constitutional office, excluding county neighborhood board and federal elective offices. See Hawaii Revised Statutes 11-302
• Officer: means a commissioned officer. See Hawaii Revised Statutes 124B-1
• Officer in charge: means a member of the state military forces designated by the appropriate authority. See Hawaii Revised Statutes 124B-1
• Owner: means a person who holds the legal title to a motorcycle or motor scooter; except that when a motorcycle or motor scooter is the subject of a security agreement or lease with a term of not less than one year, with the debtor or lessee having the right of possession, the term owner shall mean the debtor or lessee. See Hawaii Revised Statutes 431:10G-101
• Owner-employee: means a person who has performed services for an employing unit as defined in section 383-1, and who is or has been a shareholder owning twenty-five per cent or more of the corporation's common stock, and director or officer, or both, of a corporation which is or was the employing unit or who exercises a substantial degree of control over the direction of corporate activities. See Hawaii Revised Statutes 385-2
• 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 a natural or legal person. See Hawaii Revised Statutes 373L-1
• Person: includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, or receivers. See Hawaii Revised Statutes 377-1
• Person: includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, or receivers. See Hawaii Revised Statutes 382-1
• Person: means an individual, a partnership, a candidate committee or noncandidate committee, a party, an association, a corporation, a business entity, an organization, or a labor union and its auxiliary committees. See Hawaii Revised Statutes 11-302
• Person: means , when appropriate to the context, not only individuals, but corporations, firms, associations, and societies. See Hawaii Revised Statutes 431:10G-101
• Person employed in an executive or supervisory capacity: means any employee who has the authority to hire or fire other employees or whose suggestions and recommendations as to hiring or firing and as to the advancement, promotion, or demotion of other employees will be given particular weight; but shall not mean registered nurses whose compensation is determined on an hourly basis or who are subject to supervision by any person other than the person in charge of all registered nurses at the employer's premises. See Hawaii Revised Statutes 377-1
• Personal property: All property that is not real property.
• 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.
• Policy: means any policy or certificate of life insurance that provides a death benefit; provided that the term "policy" shall not include:

  (1) Any policy or certificate of life insurance that provides a death benefit under an employee benefit plan:

  (A) Subject to the federal Employee Retirement Income Security Act of 1974 (29 U. See Hawaii Revised Statutes 431:10D-653

• Policy: means , for the purposes of this article, any policy, contract, subscriber agreement, rider, or endorsement delivered or issued for delivery in this State by an insurer; fraternal benefit society; nonprofit health, hospital, or medical service corporation; prepaid health plan; health maintenance organization; or any similar organization. See Hawaii Revised Statutes 431:10H-104
• Post-termination transition period: means that period defined in section 1377(b)(1) of the Internal Revenue Code. See Hawaii Revised Statutes 235-121
• 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.
• Principal agent: means the responsible managing agent who is responsible for managing an employment agency and who is responsible for all business transactions and actions by the agency's employees. See Hawaii Revised Statutes 373-1
• Pro rata share: means the share determined with respect to an S corporation shareholder for a taxable period in the manner provided in section 1377(a)(1) or (2) or 1362(e)(2) or (3) or (6)(D), as the case may be, of the Internal Revenue Code. See Hawaii Revised Statutes 235-121
• Professional employer agreement: means a written contract by and between a client company and a professional employer organization that:

  (1) Provides for covered employees to the client company;

  (2) Describes the duties and responsibilities of the client company and the professional employer organization with respect to the covered employees; and

  (3) Includes a declaration by the professional employer organization of the professional employer organization's responsibilities under § 373L-6. See Hawaii Revised Statutes 373L-1

• Professional employer organization: means any person that is a party to a professional employer agreement with a client company and whose covered employees perform services on a long-term, rather than temporary or project-specific basis. See Hawaii Revised Statutes 373L-1
• 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 utility: has the meaning given that term in § 269-1, excluding, however, the State or any county or any commission or board of the State or of any county, and any person subject to the Federal Railway Labor Act, as amended from time to time. See Hawaii Revised Statutes 381-1
• Public utility: has the meaning given that term in § 269-1. See Hawaii Revised Statutes 235-21
• Quorum: The number of legislators that must be present to do business.
• Rank: means the order of precedence among members of the state military forces. See Hawaii Revised Statutes 124B-1
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recess: A temporary interruption of the legislative business.
• Record: when used in connection with the proceedings of a court-martial or court of inquiry, means:
  (1) An official written transcript, written summary, or other writing relating to the proceedings; or
  (2) An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced. See Hawaii Revised Statutes 124B-1
• Record keeping services: means those circumstances under which the insurer has agreed with a group policy or contract customer to be responsible for obtaining, maintaining, and administering in its own or its agents' systems information about each individual insured under an insured's group insurance contract, or a line of coverage thereunder, at least the following information:

  (1) Social security number or name and date of birth;

  (2) Beneficiary designation information;

  (3) Coverage eligibility;

  (4) Benefit amount; and

  (5) Premium payment status. See Hawaii Revised Statutes 431:10D-653

• Related services: means and includes all services, other than stevedoring services, ordinarily or necessarily performed in regard to cargo, goods, wares, and merchandise of every kind arriving at a terminal facility for shipment by or discharge from vessels and other craft; and "related facilities" means and includes all facilities in connection therewith. See Hawaii Revised Statutes 382-1
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: includes any person chosen by an employee to represent the employee. See Hawaii Revised Statutes 377-1
• Representative: means any person or persons, labor organization, organization, or corporation designated either by a public utility or by employees to act for it or them. See Hawaii Revised Statutes 381-1
• Retained asset account: means any mechanism whereby the settlement of proceeds payable under a policy or contract is accomplished by the insurer or an entity acting on behalf of the insurer depositing the proceeds into an account with check or draft writing privileges, where those proceeds are retained by the insurer or its agent, pursuant to a supplementary contract not involving annuity benefits other than death benefits. See Hawaii Revised Statutes 431:10D-653
• S corporation: means a corporation for which a valid election under section 1362(a) of the Internal Revenue Code is in effect. See Hawaii Revised Statutes 235-121
• Sales: means all gross receipts of the taxpayer not allocated under §§ 235-24 to 235-28. See Hawaii Revised Statutes 235-21
• Secondary boycott: includes combining or conspiring to cause or threaten to cause injury to one with whom no labor dispute exists, whether by:

  (1) Withholding patronage, labor, or other beneficial business intercourse;

  (2) Picketing;

  (3) Refusing to handle, install, use, or work on particular materials, equipment, or supplies; or

  (4) Using any other unlawful means,

  in order to bring one against one's will into a concerted plan to coerce or inflict damage upon another. See Hawaii Revised Statutes 377-1

• Senior force judge advocate: means the senior judge advocate of the commander of the same force of the state military forces as the accused and who is that commander's chief legal advisor. See Hawaii Revised Statutes 124B-1
• 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.
• Sponsor: means any person, employer, association, committee, or organization operating an apprenticeship program and in whose name the program is, or is to be, registered and approved. See Hawaii Revised Statutes 372-2
• State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country or political subdivision thereof. See Hawaii Revised Statutes 235-21
• State military forces: means the National Guard of the State, as defined in title 32 United States Code § 101(3), the organized naval militia of the State, and any other military force organized under the laws of the State. See Hawaii Revised Statutes 124B-1
• 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.
• Stevedoring industry: means the business of furnishing services for the loading and unloading of cargo transported or to be transported on vessels and other craft, at any ports within the State, and also means the business of furnishing related services, as herein defined. See Hawaii Revised Statutes 382-1
• Stevedoring services: means services for the loading and unloading of cargo transported or to be transported on vessels and other craft and the handling of lines of vessels and other craft, at any ports within the State. See Hawaii Revised Statutes 382-1
• Strike: means the temporary stoppage of work, slowdown, or retarding of production or operations by the concerted action of two or more employees as a result of a labor dispute. See Hawaii Revised Statutes 381-1
• Strike: means the temporary stoppage of work, slowdown, or retarding of production or operations by the concerted action of employees. See Hawaii Revised Statutes 382-1
• Subpoena: A command to a witness to appear and give testimony.
• Taxable period: means any taxable year or portion of a taxable year during which a corporation is an S corporation. See Hawaii Revised Statutes 235-121
• Temporary help services: means an arrangement by which a person recruits and hires the person's own employees and:

  (1) Finds other organizations that need the services of those employees;

  (2) Assigns those employees to perform work or services for other organizations to support or supplement the other organizations' workforces or to provide assistance in special work situations, including employee absences, skill shortages, seasonal workloads, or special assignments or projects; and

  (3) Customarily attempts to reassign the employees to successive placements with other organizations at the end of each assignment. See Hawaii Revised Statutes 373L-1

• 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.
• Terminal facility: means any dock, wharf, pier, quay, bulkhead, or landing, with the appurtenances thereto, and any warehouse used in connection therewith. See Hawaii Revised Statutes 382-1
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• 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.
• Unfair labor practice: means any unfair labor practice as defined in §§ 377-6 to 377-8. See Hawaii Revised Statutes 377-1
• university: refers to the University of Hawaii, unless otherwise required by the context. See Hawaii Revised Statutes 304A-101
• Venue: The geographical location in which a case is tried.
• Wages: means all remuneration for services from whatever source, including commissions and bonuses, remuneration from self-employment, tips or gratuities paid directly to an individual by a customer of the employer and reported to the employer for payroll tax deduction purposes, and the cash value of all remuneration in any medium other than cash. See Hawaii Revised Statutes 385-2
• Week: means any period of seven consecutive days as the director may by rule prescribe. See Hawaii Revised Statutes 385-2