Terms Used In Hawaii Revised Statutes > Chapter 368 > Part I - General Provisions

• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Department: means the department of human services. See Hawaii Revised Statutes 587D-1
• 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}
• Fire station: means a building for fire equipment and firefighters. See Hawaii Revised Statutes 587D-1
• Firefighter: means a member of a fire department whose principal duties are to prevent and fight fires. See Hawaii Revised Statutes 587D-1
• Health care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 587D-1
• Hospital: means a facility licensed as a hospital by the department of health and accredited by The Joint Commission. See Hawaii Revised Statutes 587D-1
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• 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.
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Police officer: means any public servant, whether employed by the State or any county, or by the United States, vested by law with a duty to maintain public order, to make arrests for offenses, or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses. See Hawaii Revised Statutes 587D-1
• Police station: means a facility where police officers report for assignments, paperwork, and other police business. See Hawaii Revised Statutes 587D-1
• 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.
• Unharmed condition: means no evidence of injury to a newborn child's physical or psychological health or welfare, as evidenced in any case where:

  (1) The newborn child is alive and exhibits no:

  (A) Substantial or multiple skin bruising or any other internal bleeding;

  (B) Injury to skin causing substantial bleeding;

  (C) Malnutrition;

  (D) Failure to thrive;

  (E) Burn or burns;

  (F) Poisoning;

  (G) Fracture of any bone;

  (H) Subdural hematoma;

  (I) Soft tissue swelling;

  (J) Extreme pain;

  (K) Extreme mental distress; or

  (L) Gross degradation;

  (2) The newborn child has not been the victim of:

  (A) Sexual contact or conduct, including rape, sodomy, molestation, sexual fondling, or incest;

  (B) Obscene or pornographic photographing, filming, or depiction; or

  (C) Other similar forms of sexual exploitation;

  (3) Injury does not exist to the psychological capacity of a child as evidenced by a substantial impairment in the child's ability to function;

  (4) The child has been provided in a timely manner with adequate food, clothing, shelter, psychological care, physical care, medical care, and supervision; or

  (5) The child has not been provided with dangerous, harmful, or detrimental drugs, as defined by section 712-1240; except in cases where a child's family provides the drugs to the child pursuant to the direction or prescription of a practitioner, as defined in section 712-1240. See Hawaii Revised Statutes 587D-1