Terms Used In Hawaii Revised Statutes Chapter 181 - Strip Mining

• Advisory commission: means the state advisory commission on drug abuse and controlled substances established in section 329-2. See Hawaii Revised Statutes 321-191
• 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.
• 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.
• Articles of incorporation: include amended and restated articles of incorporation and articles of merger. See Hawaii Revised Statutes 414-3
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• Beneficial shareholder: means the person who is a beneficial owner of shares held in a voting trust or by a nominee as the record shareholder. See Hawaii Revised Statutes 414-341
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 181-1
• Board: means the Hawaii board of optometry. See Hawaii Revised Statutes 459-1.5
• Certified midwife: means a person who holds a current and valid national certification as a certified midwife from the American Midwifery Certification Board, or any successor organization. See Hawaii Revised Statutes 457J-2
• Certified professional midwife: means a person who holds a current and valid national certification as a certified professional midwife from the North American Registry of Midwives, or any successor organization. See Hawaii Revised Statutes 457J-2
• Clean and sober home: means a dwelling unit that is intended to provide a stable, independent environment of alcohol- and drug-free living conditions to sustain recovery and that is shared by unrelated adult persons who are recovering from substance abuse. See Hawaii Revised Statutes 321-191
• Client: means a person under the care of a licensed midwife, as well as the person's fetus and newborn child. See Hawaii Revised Statutes 457J-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: means the issuer of the shares held by a dissenter before the corporate action, or the surviving or acquiring corporation by merger or share exchange of that issuer. See Hawaii Revised Statutes 414-341
• 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
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deliver: includes mail. See Hawaii Revised Statutes 414-3
• Department: means the department of health. See Hawaii Revised Statutes 321-191
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 457J-2
• Dependent: A person dependent for support upon another.
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 457J-2
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Dissenter: means a shareholder who is entitled to dissent from corporate action under § 414-342 and who exercises that right when and in the manner required by sections 414-351 to 414-359. See Hawaii Revised Statutes 414-341
• 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.
• 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 a joint or common economic interest, associations and cooperative associations, and state, federal, and foreign governments. See Hawaii Revised Statutes 414-3
• 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.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Interest: means interest from the effective date of the corporate action until the date of payment, at the average rate currently paid by the corporation on its principal bank loans or, if none, at a rate that is fair and equitable under all the circumstances. See Hawaii Revised Statutes 414-341
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Midwife: means a person licensed under this chapter. See Hawaii Revised Statutes 457J-2
• Midwifery: means the provision of one or more of the following services:

  (1) Assessment, monitoring, and care during pregnancy, labor, childbirth, postpartum and interconception periods, and for newborns, including ordering and interpreting screenings and diagnostic tests, and carrying out appropriate emergency measures when necessary;

  (2) Supervising the conduct of labor and childbirth; and

  (3) Provision of advice and information regarding the progress of childbirth and care for newborns and infants. See Hawaii Revised Statutes 457J-2

• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• North American Registry of Midwives: means the organization that sets national standards for the certified professional midwife credential. See Hawaii Revised Statutes 457J-2
• Operator: means an individual, firm, or corporation engaged in strip mining operations. See Hawaii Revised Statutes 181-1
• Oversight: Committee review of the activities of a Federal agency or program.
• Person: includes individual and entity. See Hawaii Revised Statutes 414-3
• Pit: means a tract of land of which the surface soil has been removed or is being removed or is proposed to be removed for mining. See Hawaii Revised Statutes 181-1
• 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.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified midwife preceptor: means a licensed and experienced midwife, or other maternal health professional licensed in the State, who participates in the clinical education of individuals enrolled in a midwifery education program accredited by the Midwifery Education Accreditation Council or Accreditation Commission For Midwifery Education and who meets the criteria for midwife preceptors set forth by the applicable organization. See Hawaii Revised Statutes 457J-2
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Record shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Hawaii Revised Statutes 414-341
• 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.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shareholder: means the record shareholder or the beneficial shareholder. See Hawaii Revised Statutes 414-341
• Shares: means the units into which the proprietary interests in a corporation are divided. See Hawaii Revised Statutes 414-3
• Statute: A law passed by a legislature.
• Strip mining: means mining of mineral by uncovering therefrom the surface soil above mineral deposits and mining directly from the mineral exposed for the purpose of carrying on a business of mining or selling mineral removed by the process. See Hawaii Revised Statutes 181-1
• Subpoena: A command to a witness to appear and give testimony.
• Substance: means alcohol, any drug on schedules I through IV of chapter 329, or any substance which includes in its composition volatile organic solvents. See Hawaii Revised Statutes 321-191
• Substance abuse: means the misuse of a substance or the use of a substance to an extent deemed deleterious or detrimental to the user, to others, or to society. See Hawaii Revised Statutes 321-191
• Surgery: means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or laser means. See Hawaii Revised Statutes 459-1.5
• Testify: Answer questions in court.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.