Terms Used In Hawaii Revised Statutes > Chapter 96
- Administrator: means the person in charge of a public or private hospital. See Hawaii Revised Statutes 334-1
- Affiliate: means :
(1) A person who directly or indirectly owns, controls, or holds with power to vote, twenty or more per cent of the outstanding voting securities of the debtor, other than a person who holds the securities:
(A) As a fiduciary or agent without sole discretionary power to vote the securities; or
(B) Solely to secure a debt, if the person has not in fact exercised the power to vote;
(2) A corporation, twenty or more per cent of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by a person who directly or indirectly owns, controls, or holds with power to vote, twenty or more per cent of the outstanding voting securities of the debtor, other than a person who holds the securities:
(A) As a fiduciary or agent without sole discretionary power to vote the securities; or
(B) Solely to secure a debt, if the person has not in fact exercised the power to vote;
(3) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or
(4) A person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets. See Hawaii Revised Statutes 651C-1
- 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.
- 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.
- Aquatic life: means any type or species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment and includes any part, product, egg, or offspring thereof; or freshwater or marine plants, including seeds, roots, products, and other parts thereof. See Hawaii Revised Statutes 187A-1
- Articles: means the articles of incorporation. See Hawaii Revised Statutes 421C-1
- Asset: means property of a debtor but does not include:
(1) Property to the extent that it is encumbered by a valid lien;
(2) Property to the extent that it is generally exempt under nonbankruptcy law; or
(3) An interest in property held in tenancy by the entireties to the extent that it is not subject to process by a creditor holding a claim against only one tenant. See Hawaii Revised Statutes 651C-1
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Association: means a consumer cooperative association. See Hawaii Revised Statutes 421C-1
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Authorized absence: means absence of a patient from a psychiatric facility for any period of time with permission. See Hawaii Revised Statutes 334-1
- 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 land and natural resources. See Hawaii Revised Statutes 187A-1
- bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-221
- Business: includes every trade, occupation, and profession. See Hawaii Revised Statutes 425-101
- 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
- Claim: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. See Hawaii Revised Statutes 651C-1
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Commercial marine license: means a license issued to take marine life within or outside the State for commercial purpose. See Hawaii Revised Statutes 187A-1
- Commercial purpose: means the taking of marine life for profit or gain or as a means of livelihood where the marine life is taken in or outside of the State, or where the marine life is sold, offered for sale, landed, or transported for sale anywhere in the State. See Hawaii Revised Statutes 187A-1
- 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
- Continuance: Putting off of a hearing ot trial until a later time.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Court: means any duly constituted court and includes proceedings, hearings of per diem judges as authorized by law. See Hawaii Revised Statutes 334-1
- Creditor: means a person who has a claim against a debtor. See Hawaii Revised Statutes 651C-1
- 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
- Debt: means liability on a claim. See Hawaii Revised Statutes 651C-1
- Debtor: means a person against whom a creditor has a claim. See Hawaii Revised Statutes 651C-1
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: means a person (including a corporation, association, partnership, firm, or governmental entity) against whom litigation is brought or maintained, or sought to be brought or maintained. See Hawaii Revised Statutes 634J-1
- Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-191
- Department: means the department of land and natural resources. See Hawaii Revised Statutes 187A-1
- Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-221
- Department: means the department of health. See Hawaii Revised Statutes 334-1
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 425-101
- Director: means the director of health. See Hawaii Revised Statutes 334-1
- Directors: means the board of directors of an association. See Hawaii Revised Statutes 421C-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:
- Distribution: means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee. See Hawaii Revised Statutes 425-101
- Docket: A log containing brief entries of court proceedings.
- Early childhood education and care facility: means any property used primarily for the care and instruction of children from birth to age five; provided that it shall not include any property to be used primarily for sectarian instruction or study, or as a place for devotional activities or religious worship, or any property used primarily in connection with any part of a program of a school or department of divinity of any religious denomination. See Hawaii Revised Statutes 39A-221
- Electric utility cooperative association: means a consumer cooperative association that provides electric utility service as a public utility. See Hawaii Revised Statutes 421C-1
- Entity: includes domestic and foreign corporations, domestic professional corporations, domestic and foreign limited liability companies, domestic and foreign nonprofit corporations, domestic and foreign business trusts, estates, domestic and foreign partnerships, domestic and foreign limited partnerships, domestic and foreign limited liability partnerships, trusts, two or more persons having joint or common economic interest, associations and cooperative associations, and state, federal, and foreign governments. See Hawaii Revised Statutes 425-101
- 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
- Fiduciary: A trustee, executor, or administrator.
- 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
- Foreign limited liability partnership: means a partnership that:
(1) Is formed under laws other than the laws of this State; and
(2) Has the status of a limited liability partnership under those laws. See Hawaii Revised Statutes 425-101
- 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
- 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
- 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.
- Harvest: means the taking and retaining of marine life by any means whatsoever. See Hawaii Revised Statutes 187A-1
- In propria persona: means on the person's own behalf acting as plaintiff. See Hawaii Revised Statutes 634J-1
- Individual: means a natural person. See Hawaii Revised Statutes 425-101
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Insider: includes :
(1) If the debtor is an individual:
(A) A relative of the debtor or of a general partner of the debtor;
(B) A partnership in which the debtor is a general partner;
(C) A general partner in a partnership described in subparagraph (B); or
(D) A corporation of which the debtor is a director, officer, or person in control;
(2) If the debtor is a corporation:
(A) A director of the debtor;
(B) An officer of the debtor;
(C) A person in control of the debtor;
(D) A partnership in which the debtor is a general partner;
(E) A general partner in a partnership described in subparagraph (D); or
(F) A relative of a general partner, director, officer, or person in control of the debtor;
(3) If the debtor is a partnership:
(A) A general partner of the debtor;
(B) A relative of a general partner in, of a general partner of, or of a person in control of the debtor;
(C) Another partnership in which the debtor is a general partner;
(D) A general partner in a partnership described in subparagraph (C); or
(E) A person in control of the debtor;
(4) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
(5) A managing agent of the debtor. See Hawaii Revised Statutes 651C-1
- Interest-dividends: means the return on share, membership fee, or membership capital of the association which is limited in accordance with section 421C-19. See Hawaii Revised Statutes 421C-1
- Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- 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
- Juror: A person who is on the jury.
- 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.
- 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.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, including a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See Hawaii Revised Statutes 651C-1
- Limited liability partnership: means a partnership that has filed a statement of qualification under section 425-152 and does not have a similar statement in effect in any other jurisdiction. See Hawaii Revised Statutes 425-101
- Litigation: means any civil action or proceeding, commenced, maintained, or pending in any state or federal court of record. See Hawaii Revised Statutes 634J-1
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Member: means a member of either a stock or a nonstock association in accordance with section 421C-3. See Hawaii Revised Statutes 421C-1
- 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
- month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- 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
- Net savings: means the total income of an association minus the costs of operation. See Hawaii Revised Statutes 421C-1
- Non-escheat patronage refunds: means patronage refunds from an electric utility cooperative association for which a five-year period has elapsed since the patronage refunds were made and for which no claims have been made by the patrons to whom the refunds were allocated. See Hawaii Revised Statutes 421C-1
- oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
- Partnership: means an association of two or more persons to carry on as co-owners a business for profit formed under section 425-109, a predecessor law, or comparable law of another jurisdiction. See Hawaii Revised Statutes 425-101
- Partnership agreement: means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement. See Hawaii Revised Statutes 425-101
- Partnership at will: means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking. See Hawaii Revised Statutes 425-101
- Patient: means a person under observation, care, or treatment at a psychiatric facility. See Hawaii Revised Statutes 334-1
- Patronage refund: means the amount returned to the patrons in proportion to their patronage in accordance with section 421C-25. See Hawaii Revised Statutes 421C-1
- Person: includes any individual or entity. See Hawaii Revised Statutes 425-101
- 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
- Personal property: All property that is not real property.
- Plaintiff: means the person who commences, institutes or maintains litigation or causes it to be commenced, instituted, or maintained, including an attorney at law acting on the attorney's own behalf. See Hawaii Revised Statutes 634J-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.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Project: means any energy project or telecommunications project. See Hawaii Revised Statutes 39A-191
- Project agreement: means any agreement entered into under this part by the department with a project party providing for the issuance of special purpose revenue bonds to finance facilities of a project party or for a project party or to loan the proceeds of such bonds to assist not-for-profit corporations that provide early childhood education and care facilities that serve the general public, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-221
- Project party: means a not-for-profit corporation that provides an early childhood education and care facility that serves the general public. See Hawaii Revised Statutes 39A-221
- Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See Hawaii Revised Statutes 425-101
- Property: means anything that may be the subject of ownership. See Hawaii Revised Statutes 651C-1
- 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
- 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
- refinancing: means the liquidation, retirement, or provision for retirement with the proceeds of bonds issued by the State, of any indebtedness of a project party incurred to finance or aid in financing a lawful purpose of such project party not financed pursuant to this part which constitutes an early childhood education and care facility or consolidation of such indebtedness with indebtedness of the State incurred for an early childhood education and care facility related to the purpose for which the indebtedness of the project party was initially incurred. See Hawaii Revised Statutes 39A-221
- Relative: means an individual related within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree. See Hawaii Revised Statutes 651C-1
- 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.
- Responding party: means any person against whom the motion described in section 634F-2 is filed. See Hawaii Revised Statutes 634F-1
- Security: means an undertaking to assure payment, to the party for whose benefit the undertaking is required to be furnished, of the party's reasonable expenses, including attorney's fees, and not limited to taxable costs incurred in or in connection with a litigation instituted, caused to be instituted, or maintained or caused to be maintained by a vexatious litigant. See Hawaii Revised Statutes 634J-1
- Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
- 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
- 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: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 425-101
- Statement: means a registration or annual statement filed under section 425-1, a statement of correction filed under section 425-1. See Hawaii Revised Statutes 425-101
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Surplus funds: means funds of an association which may be utilized for capital improvements, emergencies, or other expenditures of the association upon the authorization of the directors as specified in section 421C-25 or as otherwise specified in this chapter. See Hawaii Revised Statutes 421C-1
- 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.
- Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See Hawaii Revised Statutes 425-101
- Transfer: means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes a payment of money, a release, a lease, and the creation of a lien or encumbrance. See Hawaii Revised Statutes 651C-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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
- Unclaimed property: includes moneys, checks, drafts, interest, dividends, income, credit balances, overpayments, deposits, refunds, and non-escheat patronage refunds. See Hawaii Revised Statutes 421C-1
- Valid lien: means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. See Hawaii Revised Statutes 651C-1
- Verdict: The decision of a petit jury or a judge.
- Vexatious litigant: means a plaintiff who does any of the following:
(1) In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five civil actions other than in a small claims court that have been:
(A) Finally determined adversely to the plaintiff; or
(B) Unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing;
(2) After litigation has been finally resolved against the plaintiff, relitigates or attempts to relitigate in propria persona and in bad faith, either:
(A) The validity of the determination against the same defendant or defendants as to whom the litigation was finally determined; or
(B) The cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined;
(3) In any litigation while acting in propria persona, files, in bad faith, unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay; or
(4) Has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantially similar facts, transaction, or occurrence. See Hawaii Revised Statutes 634J-1