Terms Used In Hawaii Revised Statutes > Chapter 286 > Part XI
- Acquiring person: means a person who is required to deliver an information statement. See Hawaii Revised Statutes 414E-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.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appeals board: means the labor and industrial relations appeals board established by section 371-4. See Hawaii Revised Statutes 397-3
- 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.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Boiler: means a closed vessel in which water or other liquid is heated, steam or vapor is generated, steam or vapor is superheated, or any combination thereof under pressure for use external to itself, by the direct application of energy from the combustion of fuels, or from electricity or solar energy. See Hawaii Revised Statutes 397-3
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $25,000. See Hawaii Revised Statutes 490:2A-103
- Contract: A legal written agreement that becomes binding when signed.
- Contractor: means any person, firm, or corporation installing, repairing, or servicing and responsible for the safe operation of any boiler, pressure system, amusement ride, or elevator and kindred equipment or structure inspected pursuant to this chapter. See Hawaii Revised Statutes 397-3
- Control share acquisition: means an acquisition of shares of an issuing public corporation resulting in beneficial ownership by an acquiring person of a new range of voting power specified in this chapter, but does not include an acquisition:
(1) Before or pursuant to an agreement entered into before July 1, 1987;
(2) By a donee pursuant to an inter vivos gift not made to avoid this chapter or by a distributee as defined in chapter 560;
(3) Pursuant to a security agreement not created to avoid this chapter;
(4) Pursuant to a merger or share exchange executed in accordance with applicable law, if the issuing public corporation is a party to the plan of merger or share exchange;
(5) From the issuing public corporation;
(6) That is approved by resolution of the board of directors of the issuing public corporation before the acquisition occurs; or
(7) That the board of directors of the issuing public corporation determines, by resolution before the acquisition occurs, is not a control share acquisition. See Hawaii Revised Statutes 414E-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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 397-3
- Director: means the director of transportation. See Hawaii Revised Statutes 286-201
- Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 397-3
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Donee: The recipient of a gift.
- Donor: The person who makes a gift.
- Elevator: means a hoisting and lowering mechanism permanently installed in a structure, designed to carry passengers or authorized personnel, equipped with a car or platform which moves in fixed guides and serves two or more fixed landings. See Hawaii Revised Statutes 397-3
- Elevators and kindred equipment: means elevators, escalators, dumbwaiters, moving walks, stage lifts, inclined lifts, personnel hoists, permanently installed material lifts, and any other similar mechanized equipment used to convey people in places other than a public right-of-way. See Hawaii Revised Statutes 397-3
- Employee: means a person who may be permitted, required, or directed by an employer for wages or pay to engage in any employment and who has been employed by that employer for at least one year immediately preceding the commencement of leave provided under this chapter. See Hawaii Revised Statutes 398A-1
- Employee benefits: means all benefits, other than salary and wages, provided or made available to an employee by an employer and includes group life insurance, health insurance, disability insurance, and pensions, regardless of whether benefits are provided by a policy or practice of an employer. See Hawaii Revised Statutes 398A-1
- Employer: means any private:
(4) Association; or
(5) Other business entity,
that employs fifty or more employees. See Hawaii Revised Statutes 398A-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
- 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.
- Fault: means wrongful act, omission, breach, or default. See Hawaii Revised Statutes 490:2A-103
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Felony: A crime carrying a penalty of more than a year in prison.
- Fiduciary: A trustee, executor, or administrator.
- Finance lease: means a lease with respect to which:
(i) The lessor does not select, manufacture, or supply the goods;
(ii) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and
(iii) One of the following occurs:
(A) The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;
(B) The lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;
(C) The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or
(D) If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, (b) that the lessee is entitled under this article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and (c) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See Hawaii Revised Statutes 490:2A-103
- Fraud: Intentional deception resulting in injury to another.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (section 490:2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Hawaii Revised Statutes 490:2A-103
- Gross vehicle weight rating: means the value specified by the manufacturer as the loaded weight of a single vehicle. See Hawaii Revised Statutes 286-201
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Inter vivos: Transfer of property from one living person to another living person.
- Issuing public corporation: means a corporation incorporated in this State with at least one hundred shareholders and having its principal place of business or substantial assets located in this State. See Hawaii Revised Statutes 414E-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.
- Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Hawaii Revised Statutes 490:2A-103
- Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. See Hawaii Revised Statutes 490:2A-103
- Lease contract: means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. See Hawaii Revised Statutes 490:2A-103
- Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See Hawaii Revised Statutes 490:2A-103
- Lessee: means a person who acquires the right to possession and use of goods under a lease. See Hawaii Revised Statutes 490:2A-103
- Lessor: means a person who transfers the right to possession and use of goods under a lease. See Hawaii Revised Statutes 490:2A-103
- Lien: means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. See Hawaii Revised Statutes 490:2A-103
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Motor carrier: as used in this part means any person who owns a motor vehicle used in, or engages in the transportation of persons or property by motor vehicle on the public highways in the furtherance of any commercial, industrial, or educational enterprise. See Hawaii Revised Statutes 286-201
- Motor carrier vehicle: means any motor vehicle or vehicle, including integrally mounted equipment and specially constructed motorized equipment, used by a motor carrier to transport passengers or property on the public highways. See Hawaii Revised Statutes 286-201
- National Board: means the National Board of Boiler and Pressure Vessel Inspectors. See Hawaii Revised Statutes 397-3
- 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.
- Owner: means any person, firm, or corporation with legal title to any boiler, pressure system, amusement ride, or elevator and kindred equipment inspected pursuant to this chapter who may or may not be the user. See Hawaii Revised Statutes 397-3
- 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.
- Pressure system: means either a pressure vessel or pressure piping as defined in this section. See Hawaii Revised Statutes 397-3
- Pressure vessel: means a closed vessel in which pressure is obtained from an external source or by the direct application of heat from a direct or indirect source. See Hawaii Revised Statutes 397-3
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See Hawaii Revised Statutes 490:2A-103
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Statute: A law passed by a legislature.
- Sublease: means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. See Hawaii Revised Statutes 490:2A-103
- Subpoena: A command to a witness to appear and give testimony.
- Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Hawaii Revised Statutes 490:2A-103
- 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.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- User: means any person, firm, or corporation legally in possession and responsible for the safe operation of any boiler, pressure system, amusement ride, or elevator and kindred equipment inspected pursuant to this chapter. See Hawaii Revised Statutes 397-3
- Vendor: means any person, firm, or corporation that sells or distributes any boiler, pressure system, amusement ride, or elevator and kindred equipment required to be inspected pursuant to this chapter. See Hawaii Revised Statutes 397-3