Terms Used In Hawaii Revised Statutes > Chapter 127D - Intrastate Mutual Aid Act

• Adverse result: includes one or more of the following possible consequences:

  (1) Danger to the life or physical safety of an individual;

  (2) A flight from prosecution;

  (3) The destruction of, potential loss of, or tampering with evidence;

  (4) The intimidation of potential witnesses; or

  (5) Jeopardy to an investigation or undue delay of a trial. See Hawaii Revised Statutes 806D-1

• 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.
• Agency: means the Hawaii emergency management agency. See Hawaii Revised Statutes 127D-2
• 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.
• 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 a law enforcement officer, prosecuting attorney or deputy prosecuting attorney, attorney general or deputy attorney general, or defense attorney who is seeking criminal process under § 806D-2. See Hawaii Revised Statutes 806D-1
• 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
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Articles of organization: means initial, amended, and restated articles of organization and articles of merger. See Hawaii Revised Statutes 428-101
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assistance: means emergency responders and resources provided by a responding member county in response to a request from a requesting member county. See Hawaii Revised Statutes 127D-2
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• 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.
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 190D-3
• Business: includes every trade, occupation, profession, and other lawful purpose, whether or not carried on for profit. See Hawaii Revised Statutes 428-101
• Certificate of limited partnership: means the certificate required by § 425E-201. See Hawaii Revised Statutes 425E-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Constituent limited partnership: means a constituent organization that is a limited partnership. See Hawaii Revised Statutes 425E-1101
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• County: means the city and county of Honolulu or the county of Hawaii, Kauai, or Maui; provided that the county of Maui shall include the county of Kalawao for the purposes of this chapter. See Hawaii Revised Statutes 127D-2
• County: means the city and county of Honolulu, the county of Hawaii, the county of Kauai, and the county of Maui. See Hawaii Revised Statutes 48E-1
• Criminal process: means a search warrant or legal process issued pursuant to chapters 28, 621, 622, and 803; the Hawaii rules of penal procedure; and any other legal process signed by a judge or clerk of the district or circuit court and issued in a criminal matter that allows the search for or commands production of records that are in the actual or constructive possession of the recipient, regardless of whether the recipient or the records are physically located within the State. See Hawaii Revised Statutes 806D-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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 commerce and consumer affairs. See Hawaii Revised Statutes 428-101
• Dependent: A person dependent for support upon another.
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 428-101
• Director: means the director of the department of commerce and consumer affairs. See Hawaii Revised Statutes 425E-102
• Director of finance: means the director of finance of a county. See Hawaii Revised Statutes 48E-1
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distribution: means a transfer of money, property, or other benefit from a limited liability company to a member in the member's capacity as a member or to a transferee of the member's distributional interest. See Hawaii Revised Statutes 428-101
• Distributional interest: means all of a member's interest in distributions by the limited liability company. See Hawaii Revised Statutes 428-101
• Docket: A log containing brief entries of court proceedings.
• Emergency: means an event or set of circumstances that:
  (1) Demands immediate action to preserve public health, protect life and public property, or provide relief to any stricken community overtaken by the event or circumstance; or
  (2) Reaches a dimension or degree of destructiveness as to warrant the declaration of a state of emergency or local state of emergency, pursuant to § 127A-14. See Hawaii Revised Statutes 127D-2
• Emergency responder: includes but is not limited to law enforcement officers, fire fighters, emergency medical services personnel, physicians, nurses, other public health personnel, emergency management personnel, and public works personnel. See Hawaii Revised Statutes 127D-2
• Entity: includes domestic and foreign corporations, domestic professional corporations, domestic and foreign limited liability companies, domestic and foreign nonprofit corporations, domestic and foreign business trusts, estates, domestic and foreign partnerships, domestic and foreign limited partnerships, domestic and foreign limited liability partnerships, trusts, two or more persons having joint or common economic interest, associations and cooperative associations, and state, federal, and foreign governments. See Hawaii Revised Statutes 428-101
• Entity: includes domestic and foreign corporations, domestic professional corporations, domestic and foreign limited liability companies, domestic and foreign nonprofit corporations, domestic and foreign business trusts, estates, domestic and foreign partnerships, domestic and foreign limited partnerships, domestic and foreign limited liability partnerships, trusts, two or more persons having joint or common economic interest, associations and cooperative associations, and state, federal, and foreign governments. See Hawaii Revised Statutes 425E-102
• 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}
• 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.
• Executor: A male person named in a will to carry out the decedent
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Fiduciary: A trustee, executor, or administrator.
• 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}
• Foreign limited liability company: means an unincorporated entity organized under laws other than the laws of this State which afford limited liability to its owners comparable to the liability under § 428-303 and is not required to obtain a certificate of authority to transact business under any law of this State other than this chapter. See Hawaii Revised Statutes 428-101
• Foreign limited partnership: means a partnership formed under the laws of a jurisdiction other than this State and required by those laws to have one or more general partners and one or more limited partners. See Hawaii Revised Statutes 425E-102
• General partner: means a general partner of a limited partnership. See Hawaii Revised Statutes 425E-1101
• General partner: means :

  (1) With respect to a limited partnership, a person that:

  (A) Becomes a general partner under § 425E-401; or

  (B) Was a general partner in a limited partnership when the limited partnership became subject to this chapter under section 425E-1204(a) or (b); and

  (2) With respect to a foreign limited partnership, a person that has rights, powers, and obligations similar to those of a general partner in a limited partnership. See Hawaii Revised Statutes 425E-102

• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means the body, council, or board charged with exercising the legislative authority of a county. See Hawaii Revised Statutes 48E-1
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• 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.
• Individual: means a natural person. See Hawaii Revised Statutes 428-101
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• 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.
• Juror: A person who is on the jury.
• 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}
• 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.
• Limited liability company: means a limited liability company organized under this chapter. See Hawaii Revised Statutes 428-101
• Limited partner: means :

  (1) With respect to a limited partnership, a person that:

  (A) Becomes a limited partner under § 425E-301; or

  (B) Was a limited partner in a limited partnership when the limited partnership became subject to this chapter under section 425E-1204(a) or (b); and

  (2) With respect to a foreign limited partnership, a person that has rights, powers, and obligations similar to those of a limited partner in a limited partnership. See Hawaii Revised Statutes 425E-102

• Manager: means a person, whether or not a member of a manager-managed limited liability company, who is vested with authority under section 428-301(b). See Hawaii Revised Statutes 428-101
• Manager-managed limited liability company: means a limited liability company which is so designated in its articles of organization. See Hawaii Revised Statutes 428-101
• Mariculture: means the aquaculture, cultivation, and production for research, development, demonstration, and commercial purposes of aquatic plants and animals within state marine waters, but excludes floating structures that are not anchored. See Hawaii Revised Statutes 190D-3
• Member-managed limited liability company: means a limited liability company other than a manager-managed company. See Hawaii Revised Statutes 428-101
• 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.
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
• Oath: A promise to tell the truth.
• 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.
• Operating agreement: means the agreement under section 428-103 concerning the relations among the members, managers, and limited liability company. See Hawaii Revised Statutes 428-101
• Operational control: means the limited authority to direct tasks, assignments, and use of assistance provided pursuant to a request for assistance issued under this chapter to address:
  (1) Response, mitigation, or recovery activities related to an emergency; or
  (2) Participation in drills or exercises in preparation for an emergency. See Hawaii Revised Statutes 127D-2
• Organizing articles: means :

  (1) For an association, corporation, or nonprofit corporation, the articles of incorporation;

  (2) For a general partnership or limited liability partnership, the registration statement;

  (3) For a limited partnership, or limited liability limited partnership, the certificate of limited partnership; and

  (4) For a limited liability company, the articles of organization. See Hawaii Revised Statutes 425E-1101

• OTEC: means ocean thermal energy conversion. See Hawaii Revised Statutes 190D-3
• Other business entity: means a corporation, limited liability company, general partnership, limited liability partnership, or association. See Hawaii Revised Statutes 425E-1101
• Partner: means a limited partner or general partner. See Hawaii Revised Statutes 425E-102
• 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.
• Partnership agreement: means the partners' agreement, whether oral, implied, in a record, or in any combination, concerning the limited partnership. See Hawaii Revised Statutes 425E-102
• Person: includes any individual or entity. See Hawaii Revised Statutes 428-101
• Person: includes any individual or entity. See Hawaii Revised Statutes 425E-102
• Person dissociated as a general partner: means a person dissociated as a general partner of a limited partnership. See Hawaii Revised Statutes 425E-102
• Personal liability: means personal liability for a debt, liability, or other obligation of an organization which is imposed on a person that co-owns, has an interest in, or is a member of the organization:

  (1) By the organization's governing statute solely by reason of the person co-owning, having an interest in, or being a member of the organization; or

  (2) By the organization's organizational documents under a provision of the organization's governing statute authorizing those documents to make one or more specified persons liable for all or specified debts, liabilities, and other obligations of the organization solely by reason of the person or persons co-owning, having an interest in, or being a member of the organization. See Hawaii Revised Statutes 425E-1101

• Personal property: All property that is not real property.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• 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.
• Pollution control project: means any processing enterprise consisting of property, or improvements or alterations to property, designed, acquired, constructed, installed, or modified, and certified as necessary or desirable by the state department of health, to abate, control, reduce, treat, eliminate, or dispose of solid waste, and specifically includes facilities which incidentally provide for the recovery of energy or material resources, or both. See Hawaii Revised Statutes 48E-1
• 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 office: means the office, whether or not in this State, where the principal executive office of a domestic or foreign limited liability company is located. See Hawaii Revised Statutes 428-101
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Project agreement: means any lease, sublease, loan agreement, conditional sale agreement, or other similar financing contract or agreement, or combination thereof entered into under this chapter by the county, including the financing of a pollution control project from the proceeds of the special purpose revenue bonds. See Hawaii Revised Statutes 48E-1
• Project party: means the person with whom the county enters into a project agreement. See Hawaii Revised Statutes 48E-1
• Properly served: means delivery by hand or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to the recipient addressee of criminal process. See Hawaii Revised Statutes 806D-1
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recipient: means a person, as defined in § 701-118, or a business, as defined in § 487J-1, that has conducted business or engaged in transactions or activities occurring at least in part in the state from which process was issued upon whom process is properly served. See Hawaii Revised Statutes 806D-1
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 428-101
• 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.
• Requesting member county: means a member county that requests assistance from another member county under this chapter. See Hawaii Revised Statutes 127D-2
• Resources: includes supplies, materials, equipment, facilities, energy, services, information, systems, and other assets that may be necessary, pursuant to a request for assistance under this chapter, for:
  (1) Response, mitigation, or recovery activities related to an emergency; or
  (2) Participation in drills or exercises in preparation for an emergency. See Hawaii Revised Statutes 127D-2
• Responding member county: means a member county providing or intending to provide assistance to a requesting member county under this chapter. See Hawaii Revised Statutes 127D-2
• right of contribution: means any benefit provided by a person to a limited partnership in order to become a partner or in the person's capacity as a partner. See Hawaii Revised Statutes 425E-102
• Service of process: The service of writs or summonses to the appropriate party.
• Signed: includes any symbol executed or adopted by a person with the present intention to authenticate a record. See Hawaii Revised Statutes 428-101
• Special purpose revenue bonds: means bonds, notes, or other evidences of indebtedness of a county issued pursuant to this chapter. See Hawaii Revised Statutes 48E-1
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 425E-102
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• 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.
• Transfer: includes an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, and gift. See Hawaii Revised Statutes 428-101
• 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.
• Verdict: The decision of a petit jury or a judge.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.