634F-1 Definitions
634F-2 Required procedures; motion
634F-3 Relationship to other laws
634F-4 Rule of construction

Terms Used In Hawaii Revised Statutes > Chapter 634F

  • 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.
  • Association: means a consumer cooperative association. See Hawaii Revised Statutes 421C-1
  • claim: includes any lawsuit, cause of action, claim, cross-claim, counterclaim, or other judicial pleading or filing requesting relief. See Hawaii Revised Statutes 634F-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.
  • 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.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • 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.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Governmental body: includes a branch, department, agency, instrumentality, official, employee, agent, or other person acting under color of law of the United States, a state, or subdivision of a state or other public authority. See Hawaii Revised Statutes 634F-1
  • Lacks substantial justification: means substantially frivolous, substantially groundless, or substantially vexatious. See Hawaii Revised Statutes 634F-1
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Member: means a member of either a stock or a nonstock association in accordance with section 421C-3. See Hawaii Revised Statutes 421C-1
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Motion: includes any motion to dismiss, for summary judgment, for judgment on the pleadings or to strike, a demurrer, or any other judicial pleading filed to dispose of a judicial claim. See Hawaii Revised Statutes 634F-1
  • Moving party: means any person on whose behalf the motion described in section 634F-2 is filed seeking dismissal of the judicial claim. See Hawaii Revised Statutes 634F-1
  • 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: includes any individual, corporation, association, organization, partnership, two or more persons having a joint or common interest, or other legal entity. See Hawaii Revised Statutes 634F-1
  • 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.
  • Public participation: means any oral or written testimony submitted or provided to a governmental body during the course of a governmental proceeding. See Hawaii Revised Statutes 634F-1
  • Responding party: means any person against whom the motion described in section 634F-2 is filed. See Hawaii Revised Statutes 634F-1
  • Share or membership capital: refers to the capital paid into an association by a member in accordance with section 421C-3. See Hawaii Revised Statutes 421C-1
  • SLAPP: means a strategic lawsuit against public participation and refers to a lawsuit that lacks substantial justification or is interposed for delay or harassment and that is solely based on the party's public participation before a governmental body. See Hawaii Revised Statutes 634F-1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.