|Part I||Attachment||651-1 – 651-21|
|Part II||Execution||651-31 – 651-52|
|Part III||Exemptions||651-61 – 651-124|
Terms Used In Hawaii Revised Statutes > Chapter 651
- Administrative revocation: means termination of the respondent's license, and the privilege to operate a vessel underway on or in the waters of the State pursuant to part III, but does not include any revocation imposed under section 291E-61 or 291E-61. See Hawaii Revised Statutes 291E-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.
- Alcohol: means ethanol or any substance containing ethanol. See Hawaii Revised Statutes 291E-1
- Alcohol concentration: means either grams of alcohol per one hundred milliliters or cubic centimeters of blood or grams of alcohol per two hundred ten liters of breath. See Hawaii Revised Statutes 291E-1
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- 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.
- Appraisal: A determination of property value.
- Arrest: Taking physical custody of a person by lawful authority.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the 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.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Board: means the board of acupuncture. See Hawaii Revised Statutes 436E-2
- Chambers: A judge's office.
- Community mental health center: means one or more facilities which alone or in conjunction with other facilities, public or private, are part of a coordinated program providing a variety of mental health services principally for persons residing in a community or communities in or near which the center is located. See Hawaii Revised Statutes 334-1
- Continuous alcohol monitoring device: means any device or instrument that:
(1) Is attached to the person;
(2) Is designed to automatically test the alcohol content in a person by contact with the person's skin at least once per one-half hour regardless of the person's location;
(3) Detects the presence of alcohol; and
(4) Detects attempts to tamper with, obstruct, or remove the device. See Hawaii Revised Statutes 291E-1
- 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
- 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.
- 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 436E-2
- Department: means the department of health. See Hawaii Revised Statutes 334-1
- Director: means the administrative director of the courts or any other person within the judiciary appointed by the director to conduct administrative reviews or hearings or carry out other functions relating to administrative revocation under part III. See Hawaii Revised Statutes 291E-1
- Director: means the director of health. See Hawaii Revised Statutes 334-1
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Drug: means any controlled substance, as defined and enumerated in schedules I through IV of chapter 329, or its metabolites. See Hawaii Revised Statutes 291E-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.
- 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.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- 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
- Fraud: Intentional deception resulting in injury to another.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- 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.
- Ignition interlock device: means a breath alcohol ignition interlock device that is certified pursuant to section 291E-6 and rules adopted thereunder that, when affixed to the ignition system of a motor vehicle, prevents the vehicle from being started without first testing, and thereafter from being operated without periodically retesting, a deep-lung breath sample of the person required to use the device that indicates the person's alcohol concentration is less than . See Hawaii Revised Statutes 291E-1
- Impair: means to weaken, to lessen in power, to diminish, to damage, or to make worse by diminishing in some material respect or otherwise affecting in an injurious manner. See Hawaii Revised Statutes 291E-1
- Intoxicant: means alcohol or any drug, as defined in this section. See Hawaii Revised Statutes 291E-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.
- Law enforcement officer: means any public servant, whether employed by the State, a county, or by the United States, vested by law with a duty to maintain public order or to make arrests for offenses or to enforce the criminal laws, and includes a conservation and resources enforcement officer as specified in section 199-3. See Hawaii Revised Statutes 291E-1
- 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
- License: means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this State and includes:
(1) Any learner's permit or instruction permit;
(2) The privilege of any person to operate a motor vehicle, regardless of whether the person holds a valid license;
(3) Any nonresident's operating privilege; and
(4) The eligibility, including future eligibility, of any person to apply for a license or privilege to operate a motor vehicle. See Hawaii Revised Statutes 291E-1
- Lien: A claim against real or personal property in satisfaction of a debt.
- Measurable amount of alcohol: means a test result equal to or greater than . See Hawaii Revised Statutes 291E-1
- Medical malpractice insurance: means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence or malpractice in rendering professional service by any licensed physician or hospital. See Hawaii Revised Statutes 435C-2
- 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
- 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 vehicle: means every vehicle which is self-propelled and every vehicle which is propelled by electric power but not operated upon rails but excludes a moped. See Hawaii Revised Statutes 291C-1
- oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
- Operate: means to drive or assume actual physical control of a vehicle upon a public way, street, road, or highway or to navigate or otherwise use or assume physical control of a vessel underway on or in the waters of the State. See Hawaii Revised Statutes 291E-1
- Operator: means a person who drives or assumes actual physical control of a vehicle or a person who operates, navigates, or who has an essential role in the operation of a vessel underway. See Hawaii Revised Statutes 291E-1
- Oversight: Committee review of the activities of a Federal agency or program.
- Owner: means a person, other than a lien holder, having the property in or title to a vehicle. See Hawaii Revised Statutes 291C-1
- Patient: means a person under observation, care, or treatment at a psychiatric facility. See Hawaii Revised Statutes 334-1
- Personal property: All property that is not real property.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plan: means the joint underwriting plan established pursuant to the provisions of this chapter. See Hawaii Revised Statutes 435C-2
- police officer: as used in this chapter , means the director of public safety or the director's duly authorized representative, any chief of police or subordinate police officer, or an independent civil process server on the list maintained by the department of public safety pursuant to section 353C-10. See Hawaii Revised Statutes 651-1
- Practice of acupuncture: means stimulation of a certain acupuncture point or points on the human body for the purpose of controlling and regulating the flow and balance of energy in the body. See Hawaii Revised Statutes 436E-2
- Preliminary alcohol screening device: means a device designed to detect and verify the presence of alcohol or provide an estimated value of alcohol concentration. See Hawaii Revised Statutes 291E-1
- Privilege: refers to the authority to operate a vessel underway on or in the waters of the State. See Hawaii Revised Statutes 291E-1
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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
- 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.
- Repeat intoxicated driver: means a person who previously:
(1) Has been convicted, during the five years preceding the date of arrest, of one or more violations under:
(A) Section 291E-61 or 291E-61. See Hawaii Revised Statutes 291E-1
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: means : any state or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico; the United States Virgin Islands; American Samoa; Guam; any province or territory of the Dominion of Canada; and the Commonwealth of the Northern Mariana Islands, except when the word, in context, clearly refers to the State of Hawaii. See Hawaii Revised Statutes 291E-1
- Statute: A law passed by a legislature.
- Summons: Another word for subpoena used by the criminal justice system.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel. See Hawaii Revised Statutes 291C-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
- Under the influence: means that a person:
(1) Is under the influence of alcohol in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty;
(2) Is under the influence of any drug that impairs the person's ability to operate the vehicle in a careful and prudent manner;
(3) Has . See Hawaii Revised Statutes 291E-1
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
- Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway or highway, including mopeds and bicycles, but excluding toy bicycles, devices other than bicycles moved by human power, and devices used exclusively upon stationary rails or tracks. See Hawaii Revised Statutes 291C-1
- Vehicle: includes a:
(1) Motor vehicle;
(2) Moped; and
(3) Vessel. See Hawaii Revised Statutes 291E-1
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.