Terms Used In Hawaii Revised Statutes Chapter 179D > Part I - General Provisions

• 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.
• bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-151
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-191
• Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-151
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 98-2
• Energy project: means any facilities for each single project or multiproject program of a project party, including a publicly owned energy cooperative, which is certified by the public utilities commission as being for the local furnishing of electric energy or gas; provided that any new generating unit for the production or generation of electric energy from fossil fuels shall not be considered an energy project for purposes of this part unless specifically authorized in any act providing for the authorization of the issuance of bonds pursuant to this part. See Hawaii Revised Statutes 39A-191
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Legal material: means , whether or not in effect:

  (1) The Constitution of the State of Hawaii;

  (2) The Session Laws of Hawaii;

  (3) The Hawaii Revised Statutes;

  (4) A state agency rule that has or had the effect of law;

  (5) Reported decisions of the following state courts: the supreme court of the State of Hawaii and the intermediate appellate court of the State of Hawaii; or

  (6) State court rules. See Hawaii Revised Statutes 98-2

• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Local furnishing of electric energy or gas: means providing property or land that is or will be:

  (1) Depreciable property or land;

  (2) Used to produce, collect, generate, transmit, store, distribute, or convey electric energy or gas, including without limitation, air or water pollution control facilities;

  (3) Used in the trade or business of furnishing electric energy or gas; and

  (4) Part of a system providing service to the general public of not more than two contiguous counties in the State. See Hawaii Revised Statutes 39A-191

• Official publisher: means :

  (1) For the Constitution of the State of Hawaii, the revisor of statutes;

  (2) For the Session Laws of Hawaii, the revisor of statutes;

  (3) For the Hawaii Revised Statutes, the revisor of statutes;

  (4) For any administrative agency rules, the office of the governor;

  (5) For a state court decision included under paragraph (5) of the definition of "legal material" the supreme court; or

  (6) For state court rules, the supreme court. See Hawaii Revised Statutes 98-2

• 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.
• Project: means any combination of land, buildings, and other improvements thereon, including without limitation parking facilities, for use of, or for, or to assist an industrial enterprise, including, without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus which shall be deemed necessary, suitable, or useful to such enterprise. See Hawaii Revised Statutes 39A-151
• 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 to finance, construct, operate, or maintain a project from the proceeds of special purpose revenue bonds, or to lend the proceeds of special purpose revenue bonds to assist an industrial enterprise, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-151
• Project party: means a person, firm, or corporation qualified to do business in this State and conducting or proposing to conduct an industrial enterprise in this State. See Hawaii Revised Statutes 39A-151
• Project party: means an electric or gas utility, including a publicly owned energy cooperative, serving the general public and that is regulated by the public utilities commission under chapter 269, or a telecommunications carrier or telecommunications common carrier, whether or not subject to regulation by the public utilities commission under chapter 269. See Hawaii Revised Statutes 39A-191
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 98-2
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 98-2
• telecommunications common carrier: has the meaning defined by § 269-1. See Hawaii Revised Statutes 39A-191
• Telecommunications project: means any facilities for each single project or multiproject program for the provision of telecommunications service of a project party that is a telecommunications carrier or a telecommunications common carrier. See Hawaii Revised Statutes 39A-191
• Telecommunications service: has the meaning defined by section269-1. See Hawaii Revised Statutes 39A-191
• Trustee: A person or institution holding and administering property in trust.
• 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}