Terms Used In Hawaii Revised Statutes > Chapter 481M - Lease-Purchase Agreements for Personal Property

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adequate supply: means an amount of medical cannabis jointly possessed between the qualifying patient and the primary caregiver that is not more than is reasonably necessary to ensure the uninterrupted availability of cannabis for the purpose of alleviating the symptoms or effects of a qualifying patient's debilitating medical condition; provided that an "adequate supply" shall not exceed: ten cannabis plants, whether immature or mature, and four ounces of usable cannabis at any given time. See Hawaii Revised Statutes 329-121
• Advanced practice registered nurse: means an advanced practice registered nurse with prescriptive authority as described in section 457-8. See Hawaii Revised Statutes 329-121
• Advertisement: means a commercial message in any medium that aids, promotes, or assists, directly or indirectly, a lease-purchase agreement. See Hawaii Revised Statutes 481M-1
• Arrest: Taking physical custody of a person by lawful authority.
• Caregiver of a qualifying out-of-state patient: means a parent, guardian, or person having legal custody of a qualifying out-of-state patient who is under the age of eighteen years. See Hawaii Revised Statutes 329-121
• Cash price: means the price at which retail sellers are selling and retail buyers are buying the same or similar property for cash in the same trade area in which the lessor's place of business is located. See Hawaii Revised Statutes 481M-1
• Consummation: means the time a lessee becomes contractually obligated on a lease-purchase agreement. See Hawaii Revised Statutes 481M-1
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Court: means any duly constituted court and includes proceedings, hearings of per diem judges as authorized by law. See Hawaii Revised Statutes 334-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dangerous to others: means likely to do substantial physical or emotional injury on another, as evidenced by a recent act, attempt or threat. See Hawaii Revised Statutes 334-1
• Dangerous to self: means the person recently has:

  (1) Threatened or attempted suicide or serious bodily harm; or

  (2) Behaved in such a manner as to indicate that the person is unable, without supervision and the assistance of others, to satisfy the need for nourishment, essential medical care, including treatment for a mental illness, shelter or self-protection, so that it is probable that death, substantial bodily injury, or serious physical debilitation or disease will result unless adequate treatment is afforded. See Hawaii Revised Statutes 334-1

• Debilitating medical condition: means :

  (1) Cancer, glaucoma, lupus, epilepsy, multiple sclerosis, rheumatoid arthritis, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions;

  (2) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

  (A) Cachexia or wasting syndrome;

  (B) Severe pain;

  (C) Severe nausea;

  (D) Seizures, including those characteristic of epilepsy;

  (E) Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease; or

  (F) Post-traumatic stress disorder; or

  (3) Any other medical condition approved by the department of health pursuant to administrative rules in response to a request from a physician or advanced practice registered nurse or potentially qualifying patient. See Hawaii Revised Statutes 329-121

• Department: means the department of law enforcement. See Hawaii Revised Statutes 329-1
• Department: means the department of health. See Hawaii Revised Statutes 334-1
• Director: means the director of health. See Hawaii Revised Statutes 334-1
• Discharge: means the formal termination on the records of a psychiatric facility of a patient's period of treatment at the facility. See Hawaii Revised Statutes 334-1
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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.
• 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.
• Judge: means any judge of the family court or per diem judge appointed by the chief justice as provided in section 604-2. See Hawaii Revised Statutes 334-1
• 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: 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}
• Lessee: means a natural person who rents personal property under a lease-purchase agreement. See Hawaii Revised Statutes 481M-1
• Lessor: means a person who regularly provides the use of property through lease-purchase agreements and to whom lease payments are initially payable on the face of the lease-purchase agreement. See Hawaii Revised Statutes 481M-1
• Marijuana: means all parts of the plant (genus) Cannabis whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. See Hawaii Revised Statutes 329-1
• Medical use: means the acquisition, possession, cultivation, use, distribution, or transportation of cannabis or paraphernalia relating to the administration of cannabis to alleviate the symptoms or effects of a qualifying patient's debilitating medical condition; provided that "medical use" does not include the cultivation or distribution of cannabis or paraphernalia by a qualifying out-of-state patient or the caregiver of a qualifying out-of-state patient. See Hawaii Revised Statutes 329-121
• Mental health: means a state of social, psychological, and physical well-being, with capacity to function effectively in a variety of social roles. See Hawaii Revised Statutes 334-1
• Patient: means a person under observation, care, or treatment at a psychiatric facility. See Hawaii Revised Statutes 334-1
• Person: means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Hawaii Revised Statutes 329-1
• Personal property: All property that is not real property.
• Physician: means a person who is licensed to practice under chapter 453 and is licensed with authority to prescribe drugs and is registered under § 329-32. See Hawaii Revised Statutes 329-121
• Physician-patient relationship: means the collaborative relationship between physicians and their patients. See Hawaii Revised Statutes 329-1
• 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.
• Prescription: means an order for medication, which is dispensed to or for an ultimate user. See Hawaii Revised Statutes 329-1
• Primary caregiver: means a person eighteen years of age or older, other than the qualifying patient and the qualifying patient's physician or advanced practice registered nurse, who has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of cannabis. See Hawaii Revised Statutes 329-121
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Psychiatric facility: means a public or private hospital or part thereof which provides inpatient or outpatient care, custody, diagnosis, treatment or rehabilitation services for mentally ill persons or for persons habituated to the excessive use of drugs or alcohol or for intoxicated persons. See Hawaii Revised Statutes 334-1
• Qualifying patient: means a person who has been diagnosed by a physician or advanced practice registered nurse as having a debilitating medical condition. See Hawaii Revised Statutes 329-121
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• Service of process: The service of writs or summonses to the appropriate party.
• Special treatment facility: means a public or private facility which provides a therapeutic residential program for care, diagnosis, treatment or rehabilitation services for emotionally distressed persons, mentally ill persons or persons suffering from substance abuse. See Hawaii Revised Statutes 334-1
• State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America. See Hawaii Revised Statutes 329-1
• Treatment: means the broad range of emergency, out-patient, intermediate, domiciliary, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation, career counseling, and other special services which may be extended to handicapped persons. See Hawaii Revised Statutes 334-1
• Written certification: means the qualifying patient's medical records or a statement signed by a qualifying patient's physician or advanced practice registered nurse, stating that in the physician's or advanced practice registered nurse's professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of cannabis would likely outweigh the health risks for the qualifying patient. See Hawaii Revised Statutes 329-121