Terms Used In Hawaii Revised Statutes > Chapter 351 > Part III - Compensation to Victims or Dependents

• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• Child: means an unmarried person who is under eighteen years of age and includes a stepchild or an adopted child. See Hawaii Revised Statutes 351-2
• Civil union: means a union between two individuals established pursuant to this chapter. See Hawaii Revised Statutes 572B-1
• Commission: means the crime victim compensation commission established by this chapter. See Hawaii Revised Statutes 351-2
• 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.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Crime: means those under § 351-32, and shall include an act of terrorism occurring outside the United States as defined in title 18 United States Code § 2331, against a resident of this State. See Hawaii Revised Statutes 351-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Injury: means actual bodily harm and, in respect of a victim, includes pregnancy and mental or nervous shock; and "injured" has a corresponding meaning. See Hawaii Revised Statutes 351-2
• 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.
• Mass casualty incident: means an incident with multiple victims killed during a continuous course of criminal conduct. See Hawaii Revised Statutes 351-2
• Private citizen: means any natural person other than a police officer who is actively engaged in the performance of the police officer's official duties. See Hawaii Revised Statutes 351-2
• Relative: means a victim's spouse or reciprocal beneficiary, parent, grandparent, stepparent, child, grandchild, stepchild, brother, sister, half brother, half sister, stepbrother, stepsister, spouse's or reciprocal beneficiary's parents, niece, nephew, or person residing in the same dwelling unit as the victim. See Hawaii Revised Statutes 351-2
• Resident: means every individual who:

  (1) Intends to permanently reside in this State;

  (2) Has a permanent abode in this State;

  (3) Is a student at any institution of learning and claimed as a dependent of a Hawaii resident;

  (4) Files a Hawaii income tax return; or

  (5) Is registered to vote in this State. See Hawaii Revised Statutes 351-2

• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Victim: means :

  (1) A person who is injured or killed by any act or omission of any other person coming within the criminal jurisdiction of the State;

  (2) Any resident of the State who is injured or killed in another state by an act or omission of another person, which act or omission is within the description of any of the crimes specified in § 351-32; or

  (3) A person who is a resident of this State who is injured or killed by an act of terrorism occurring outside the United States, as defined in title 18 United States Code § 2331. See Hawaii Revised Statutes 351-2