Terms Used In Hawaii Revised Statutes > Chapter 21D - Access/Legislative Information Service

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Air transportation: means the holding out to the general public of or the undertaking to provide the carriage of persons or property, except for United States mail, by air, for compensation or hire between any pair of points, both of which are within the State of Hawaii, unless the carriage is part of the continuous carriage of the persons or property to or from a point outside the State of Hawaii. See Hawaii Revised Statutes 261E-2
• Aircraft: means any craft or other artificial contrivance of whatever description that is used or capable of being used, or intended to be used, as a means of transportation by air. See Hawaii Revised Statutes 261E-2
• Airport: means any area of land or water designed and set aside for the landing and taking-off of all aircraft and utilized or to be utilized in the interest of the public for such purposes;

  "Airport hazard" means any structure or tree which obstructs the air space required for the flight of aircraft in landing or taking-off at an airport, or any use of land which creates a dangerous condition, including the placement of strong lights which blind pilots during such operations;

  "Airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter;

  "Airport protection" means protection against an airport hazard;

  "Department" means the department of transportation;

  "Director" means the director of transportation or the director's authorized representative;

  "Person" means any individual, partnership, corporation, unincorporated association, joint stock association, or any trustee, receiver, assignee, or other similar representative thereof; or the State or any of its political subdivisions, or agencies thereof;

  "Structure" means any object constructed or installed by humans, including, but without limitation, buildings, towers, smokestacks, chimneys, and overhead transmission lines;

  "Tree" means any object of natural growth. See Hawaii Revised Statutes 262-1

• 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.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appellate board: means the labor and industrial relations appeals board. See Hawaii Revised Statutes 386-1
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Aquaculture: means any form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. See Hawaii Revised Statutes 141-51
• Arrest: Taking physical custody of a person by lawful authority.
• Attending physician: means a physician who is primarily responsible for the treatment of a work injury. See Hawaii Revised Statutes 386-1
• Ballot: includes :

  (1) A ballot summary reflecting a complete record of the ballot selections made by a voter utilizing an HTML ballot or similar accessible ballot that produces a ballot summary;

  (2) A voter verifiable paper audit trail in the event there is a discrepancy between a voting machine's electronic record of the voted ballot and the voter verifiable paper audit trail; and

  (3) A ballot used in an election by mail pursuant to part VIIA, including a ballot approved for electronic transmission. See Hawaii Revised Statutes 11-1

• 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.
• Bonds: means bonds, notes, and other instruments of indebtedness. See Hawaii Revised Statutes 47-1
• carrier: means any person or entity who has received a certificate issued by the commission and who undertakes or holds itself out to the general public as engaging directly or indirectly in the transportation by air of passengers or property, or both, for compensation or hire within the State or between points within the State. See Hawaii Revised Statutes 261E-2
• Certificate: means a certificate of public convenience and necessity issued under this chapter to a Hawaii air carrier. See Hawaii Revised Statutes 261E-2
• Chairperson: means the chairperson of the board of agriculture. See Hawaii Revised Statutes 141-51
• Child: means an individual who is a biological, adopted, or foster son or daughter; a stepchild; or a legal ward of an employee. See Hawaii Revised Statutes 378-71
• Commission: means the air carrier commission established pursuant to section 261E-4. See Hawaii Revised Statutes 261E-2
• 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.
• Compensation: means all benefits accorded by this chapter to an employee or the employee's dependents on account of a work injury as defined in this section; it includes medical and rehabilitation benefits, income and indemnity benefits in cases of disability or death, and the allowance for funeral and burial expenses. See Hawaii Revised Statutes 386-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Continuance: Putting off of a hearing ot trial until a later time.
• continuous carriage: means transportation by air which does not include a stopover of more than twenty-four hours. See Hawaii Revised Statutes 261E-2
• 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: means the counties of Hawaii, Kauai, and Maui and the city and county of Honolulu. See Hawaii Revised Statutes 47-1
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Course of conduct: means acts over any period of time of repeatedly maintaining a visual or physical proximity to a person or conveying verbal or written threats, including threats conveyed through electronic communications or threats implied by conduct. See Hawaii Revised Statutes 378-71
• 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 labor and industrial relations. See Hawaii Revised Statutes 386-1
• Department: means the department of agriculture. See Hawaii Revised Statutes 141-51
• 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 labor and industrial relations. See Hawaii Revised Statutes 386-1
• Director of finance: means the director of finance of each county. See Hawaii Revised Statutes 47-1
• Disability: means loss or impairment of a physical or mental function. See Hawaii Revised Statutes 386-1
• Domestic abuse: means conduct defined in § 586-1. See Hawaii Revised Statutes 378-71
• Domestic or sexual violence: means domestic abuse, sexual assault, or stalking. See Hawaii Revised Statutes 378-71
• Electronic communications: includes communications via telephone, mobile phone, computer, e-mail, video recorder, fax machine, telex, or pager. See Hawaii Revised Statutes 378-71
• Employee: means any individual in the employment of another person. See Hawaii Revised Statutes 386-1
• Employee: means a person who performs a service for wages or other remuneration under a contract for hire, written or oral, express or implied. See Hawaii Revised Statutes 378-61
• Employee: means a person who performs services for hire for not fewer than six consecutive months for the employer from whom benefits are sought under this chapter. See Hawaii Revised Statutes 378-71
• Employer: means any person having one or more persons in the person's employment. See Hawaii Revised Statutes 386-1
• Employer: means a person who has one or more employees. See Hawaii Revised Statutes 378-61
• Employment: means any service performed by an individual for another person under any contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully entered into. See Hawaii Revised Statutes 386-1
• 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.
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Firearm: means any weapon, for which the operating force is an explosive, including but not limited to pistols, revolvers, rifles, shotguns, automatic firearms, noxious gas projectors, mortars, bombs, and cannon. See Hawaii Revised Statutes 134-1
• 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.
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Good cause: means a substantial reason amounting in law to be a legal excuse for failing to perform an act required by law considered under the circumstances of the individual case. See Hawaii Revised Statutes 386-1
• Governing body: means the council of each county, or any other body exercising the legislative powers of the county. See Hawaii Revised Statutes 47-1
• guidelines: means an indication of a suggested criteria, course, or means to a particular end, and not an authoritative or exclusive prescription which limits the exercise of independent judgment, expertise, or care. See Hawaii Revised Statutes 386-1
• HAWIAN: means the Hawaii area-wide information network. See Hawaii Revised Statutes 21D-1
• Health care provider: means a person qualified by the director to render health care and service and who has a license for the practice of:

  (1) Medicine or osteopathy under chapter 453;

  (2) Dentistry under chapter 448;

  (3) Chiropractic under chapter 442;

  (4) Naturopathic medicine under chapter 455;

  (5) Optometry under chapter 459;

  (6) Podiatry under chapter 463E;

  (7) Psychology under chapter 465; and

  (8) Advanced practice registered nurse under chapter 457. See Hawaii Revised Statutes 386-1

• Health care provider: means a physician as defined under § 386-1. See Hawaii Revised Statutes 378-71
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indigenous species: means any aquatic life, wildlife, or land plant species growing or living naturally in Hawaii without having been brought to Hawaii by humans. See Hawaii Revised Statutes 141-51
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• 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.
• 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}
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• On-line: means accessed by the use of data communications hardware and software. See Hawaii Revised Statutes 21D-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: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See Hawaii Revised Statutes 141-51
• Person: means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity. See Hawaii Revised Statutes 378-61
• Personal property: All property that is not real property.
• Physician: includes a doctor of medicine, a dentist, a chiropractor, an osteopath, a naturopathic physician, a psychologist, an optometrist, an advanced practice registered nurse, and a podiatrist. See Hawaii Revised Statutes 386-1
• 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.
• Public body: means :

  (1) A state officer, employee, agency, department, division, bureau, board, commission, committee, council, authority, or other body in the executive branch of state government;

  (2) An agency, board, commission, committee, council, member, or employee of the legislative branch of the state government;

  (3) A county, city, intercounty, intercity, or regional governing body, a council, special district, or municipal corporation, or a board, department, commission, committee, council, agency, or any member or employee thereof;

  (4) Any other body which is created by state or local authority or which is primarily funded by or through state or local authority, or any member or employee of that body;

  (5) A law enforcement agency or any member or employee of a law enforcement agency; or

  (6) The judiciary and any member or employee of the judiciary. See Hawaii Revised Statutes 378-61

• Public employee: means any employee of the State or any county, or the political subdivision and agencies of the State or any county, any employee under contract with the State or any county, any civil service employee, any probationary or provisional employee of the State or county, and any employee of any general contractor or subcontractor undertaking the execution of a contract with a governmental contracting agency, as defined in § 104-1. See Hawaii Revised Statutes 378-61
• Public employer: means the State and any county, the political subdivisions and agencies of the State and any county, and any general contractor or subcontractor undertaking the execution of a contract with a governmental contracting agency, as defined in § 104-1, and includes any agent thereof. See Hawaii Revised Statutes 378-61
• Rates: includes rates, fares, and charges of whatever kind and nature unless the context indicates otherwise. See Hawaii Revised Statutes 261E-2
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Related company: means a company or persons that directly, or indirectly through one or more subsidiaries, affiliates, or a holding company, controls or is controlled by, or is under common control with, a Hawaii air carrier. See Hawaii Revised Statutes 261E-2
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sexual assault: means any conduct proscribed by chapter 707, part V. See Hawaii Revised Statutes 378-71
• Stalking: means engaging in a course of conduct directed at a specifically targeted person that would cause a reasonable person to suffer substantial emotional distress or to fear bodily injury, sexual assault, or death to the person or to the person's spouse, parent, child, or any other person who regularly resides in the person's household, and where the conduct does cause the targeted person to have such distress or fear. See Hawaii Revised Statutes 378-71
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Suitable gainful employment: means employment or self-employment within the geographical area where the employee resides, which is reasonably attainable and which offers an opportunity to restore the employee's earnings capacity as nearly as possible to that level which the employee was earning at the time of injury and to return the employee to the active labor force as quickly as possible in a cost-effective manner, giving due consideration to the employee's qualifications, interests, incentives, future earnings capacity, and the present and future labor market. See Hawaii Revised Statutes 386-1
• 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.
• Total disability: means disability of such an extent that the disabled employee has no reasonable prospect of finding regular employment of any kind in the normal labor market. See Hawaii Revised Statutes 386-1
• Transportation of persons: includes every service in connection with or incidental to the comfort or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage. See Hawaii Revised Statutes 261E-2
• Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, carriage, preservation, and delivery, and all incidental services affecting these activities. See Hawaii Revised Statutes 261E-2
• Trustee: A person or institution holding and administering property in trust.
• Usual and customary employment: means the line or type of work in the gainful employment market consistent with a claimant's background, training, and experience. See Hawaii Revised Statutes 386-1
• Victim services organization: includes :

  (1) A nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or to advocates for such victims, including a rape crisis center;

  (2) An organization operating a shelter or providing professional counseling services; or

  (3) An organization providing assistance through the legal process. See Hawaii Revised Statutes 378-71

• Vocational rehabilitation plan: means an approved plan prepared by a certified rehabilitation provider with an employee that is designed to assist the employee in obtaining and maintaining suitable gainful employment. See Hawaii Revised Statutes 386-1
• Vocational rehabilitation services: means services provided in a rehabilitation program to assist an employee in obtaining and maintaining suitable gainful employment that may include but shall not be limited to on-the-job training, job modification, vocational evaluation, adjustment to disability, counseling, guidance, vocational and personal adjustment, referrals, transportation, training, supplies, equipment, appliances, aid, occupational licenses, and other goods and services needed to assist an employee in obtaining and maintaining suitable gainful employment. See Hawaii Revised Statutes 386-1
• Voter service center: means a location within the county of the voter's registration address established pursuant to section 11-109 to serve all of the following purposes:

  (1) Receive return envelopes for absentee ballots pursuant to chapter 15;

  (2) Receive return identification envelopes in an election by mail conducted pursuant to part VIIA;

  (3) Provide voting machine services for persons with disabilities pursuant to the Help America Vote Act of 2002, P. See Hawaii Revised Statutes 11-1

• Wages: means all remuneration for services constituting employment. See Hawaii Revised Statutes 386-1
• Work injury: means a personal injury suffered under the conditions specified in § 386-3. See Hawaii Revised Statutes 386-1
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.