Terms Used In Hawaii Revised Statutes > Chapter 291D - Adjudication of Infractions

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Act: means the "Hawaii Meat Inspection Act". See Hawaii Revised Statutes 159-3
• 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.
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Board: means the board of agriculture of the State. See Hawaii Revised Statutes 159-3
• Capital: means :

  (1) The aggregate par value or other amount received and allocated to the issued and outstanding capital stock of a financial institution; or

  (2) The total amount of a credit union's outstanding and unimpaired membership shares or share accounts. See Hawaii Revised Statutes 412:1-109

• Certification: means the act of applying the official certificate or official mark by persons performing official functions under this chapter. See Hawaii Revised Statutes 159-3
• Commercial carrier: means any person owning, controlling, operating, or managing any vehicle, directly or indirectly, for public use in the transportation of goods or passengers for compensation over land or water, or by air. See Hawaii Revised Statutes 159-3
• Commissioner: means the commissioner of financial institutions of this State. See Hawaii Revised Statutes 412:1-109
• Concurrent trial: means a trial proceeding held in the district or family court in which the defendant is tried simultaneously in a civil case for any charged traffic infraction or emergency period infraction and in a criminal case for any related criminal offense, with trials to be held in one court on the same date and at the same time. See Hawaii Revised Statutes 291D-2
• Control: means , unless the context clearly requires otherwise, directly or indirectly, solely or through another person or transaction, or in concert with another:

  (1) Owning or having the power to vote twenty-five per cent or more of any class of voting securities;

  (2) Owning or having the power to exercise twenty-five per cent or more of the votes of a mutual association, credit union, or other entity whose voting rights are not determined by voting securities;

  (3) Owning or having the power to vote ten per cent or more of any class of voting securities if:

  (A) the issuer of that class of securities has issued any class of securities under section 12 of the Securities Exchange Act of 1934, as amended; or

  (B) immediately after the acquisition, no other person will own a greater percentage of that class of voting securities;

  (4) Having the power to elect by any means a majority of the directors; or

  (5) Having the power to exercise a dominant influence over management, if so determined by the commissioner after notice and a hearing. See Hawaii Revised Statutes 412:1-109

• 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
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of agriculture of the State. See Hawaii Revised Statutes 159-3
• deposits: means money or its equivalent received or held by a person in the usual course of business and for which it has given or is obligated to give credit, either conditionally or unconditionally, to a demand, checking, savings, time, passbook, negotiable order of withdrawal, thrift, or share account, or which is evidenced by its passbook, certificate of deposit, thrift certificate, investment certificate, certificate of indebtedness, or other similar instrument, or a check, draft, or share draft drawn against a deposit account and certified by a person, on which the person is primarily liable. See Hawaii Revised Statutes 412:1-109
• Director: means any member of the board of directors of a financial institution, whether or not receiving compensation. See Hawaii Revised Statutes 412:1-109
• Division: means the division of financial institutions of the department of commerce and consumer affairs of this State. See Hawaii Revised Statutes 412:1-109
• Emergency period infraction: means all occurrences of noncompliance with rules adopted by the governor or a mayor pursuant to chapter 127A, which are stated and designated in the rule as being an emergency period infraction. See Hawaii Revised Statutes 291D-2
• 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.
• Federal: means belonging to, part of, or related to the government of the United States of America. See Hawaii Revised Statutes 412:1-109
• Federal Meat Inspection Act: means the Act so entitled, approved March 4, 1907 (34 Stat. See Hawaii Revised Statutes 159-3
• Financial institution: means a Hawaii financial institution, and unless the context indicates otherwise, a federal financial institution or foreign financial institution. See Hawaii Revised Statutes 412:1-109
• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Hearing: means a proceeding conducted by the district court pursuant to § 291D-8 at which the person to whom a notice of traffic infraction or notice of emergency period infraction was issued either admits to the infraction, contests the notice of traffic infraction or notice of emergency period infraction, or admits to the traffic infraction or emergency period infraction but offers an explanation to mitigate the monetary assessment imposed. See Hawaii Revised Statutes 291D-2
• Inspector: means any meat inspector of the State. See Hawaii Revised Statutes 159-3
• Intrastate commerce: means commerce within the State. See Hawaii Revised Statutes 159-3
• 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.
• Label: means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any meat or meat products, or other products. See Hawaii Revised Statutes 159-3
• Labeling: means all labels and other written, printed, or graphic matter upon any meat or meat products or any of its containers or wrappers, or accompanying the meat or meat products. See Hawaii Revised Statutes 159-3
• 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.
• Loans and extensions of credit: includes a contractual commitment to advance funds. See Hawaii Revised Statutes 412:1-109
• Meat broker: means any person who sells or offers to sell, or buys or offers to buy, carcasses, parts of carcasses, meat or meat products of cattle, sheep, swine, goats, horses, mules, other equines, or exotic animals on commission or who otherwise negotiates the purchase, sale, or exchange of the meat or meat products other than for the person's own account or as an employee of another person. See Hawaii Revised Statutes 159-3
• Meat or meat products: means any product capable of use as human food which is made wholly or in part from any meat or other portions of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of the carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from the definition as meat products by the board under the conditions as it may prescribe to assure that the meat or other portions of the carcasses contained in the products are not adulterated and that the products are not represented as meat products. See Hawaii Revised Statutes 159-3
• Notice of traffic infraction: includes a notice of parking infraction. See Hawaii Revised Statutes 291D-2
• Official certificate: means any certificate prescribed by the board for issuance by veterinarians, inspectors, or other persons performing official functions under this chapter. See Hawaii Revised Statutes 159-3
• Official device: means any device described or authorized by the board for use in applying any official mark. See Hawaii Revised Statutes 159-3
• Official inspection legend: means any symbol prescribed by the board showing that meat or meat products were inspected and passed in accordance with this chapter. See Hawaii Revised Statutes 159-3
• Official mark: means the official inspection legend or any other symbol prescribed by the board to identify the status of any meat or meat products or animal under this chapter. See Hawaii Revised Statutes 159-3
• 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.
• Person: means any individual, firm, corporation, association, or partnership, or any organized group of persons whether incorporated or not. See Hawaii Revised Statutes 159-3
• Person: means a natural person, entity or organization, including without limitation an individual, corporation, joint venture, partnership, sole proprietorship, association, cooperative, estate, trust, or governmental unit. See Hawaii Revised Statutes 412:1-109
• Personal property: All property that is not real property.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Related criminal offense: means any criminal violation or crime, committed in the same course of conduct as a traffic infraction or emergency period infraction, for which the defendant is arrested or charged. See Hawaii Revised Statutes 291D-2
• Renderer: means any person engaged in the business of rendering carcasses, or parts or products of the carcasses, of cattle, sheep, swine, goats, horses, mules, other equines, or exotic animals, except rendering conducted under inspection under part IV. See Hawaii Revised Statutes 159-3
• Secretary of Agriculture: means the Secretary of Agriculture of the United States. See Hawaii Revised Statutes 159-3
• State: means the State of Hawaii. See Hawaii Revised Statutes 159-3
• 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.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• this State: means the State of Hawaii, its political subdivisions, agencies, and departments. See Hawaii Revised Statutes 412:1-109
• Traffic infraction: means all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment and that are not otherwise specifically excluded from coverage of this chapter. See Hawaii Revised Statutes 291D-2
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trial: means a trial conducted by the district court pursuant to the rules of the district court and the Hawaii rules of evidence. See Hawaii Revised Statutes 291D-2
• Veterinarian: means the state veterinarian or any of the veterinarian's duly authorized representatives. See Hawaii Revised Statutes 159-3
• Wholesaler: means any person who buys or sells carcasses, parts of carcasses, meat or meat products of cattle, sheep, swine, goats, horses, mules, other equines, or exotic animals in trade channels other than retail. See Hawaii Revised Statutes 159-3