Terms Used In Hawaii Revised Statutes > Chapter 651 - Attachment and Execution

• Accreditation Commission for Midwifery Education: means the United States Department of Education-recognized commission that provides accreditation and pre-accreditation of certificates, post-baccalaureates, graduate degrees, and pre-certificate programs in nurse-midwifery and midwifery. See Hawaii Revised Statutes 457J-2
• 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.
• American Midwifery Certification Board: means the national certifying body for certified nurse-midwife candidates and certified midwife candidates who have received their graduate level education in programs accredited by the Accreditation Commission for Midwifery Education. See Hawaii Revised Statutes 457J-2
• 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.
• 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.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• 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
• Chambers: A judge's office.
• 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
• 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.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 457J-2
• Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 457G-1
• Dependent: A person dependent for support upon another.
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 457J-2
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 457G-1
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Employee: includes any person suffered or permitted to work. See Hawaii Revised Statutes 388-1
• Employer: includes any individual; partnership; association; joint-stock company; trust; corporation; the personal representative of the estate of a deceased individual or the receiver, trustee, or successor of any of the same; general contractor, for purposes of wages owed to the employees of a subcontractor, as those terms are defined in section 388-11. See Hawaii Revised Statutes 388-1
• 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}
• 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.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Interconception: means care provided to mothers between pregnancies to improve health outcomes for women, newborns, and children. See Hawaii Revised Statutes 457J-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.
• 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}
• 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

• Midwifery Education Accreditation Council: means the independent, nonprofit organization recognized by the United States Department of Education as an accrediting agency of direct-entry midwifery institutions and programs. 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
• Occupational therapist: means a person who engages in the practice of occupational therapy in this State. See Hawaii Revised Statutes 457G-1
• Occupational therapy assistant: means a person who engages in the practice of occupational therapy under the supervision of and in partnership with an occupational therapist. See Hawaii Revised Statutes 457G-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.
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• police officer: means the director of law enforcement or the director's duly authorized representative, any chief of police or subordinate police officer, or an independent civil process server on the list maintained by the department of law enforcement pursuant to section 353C-1. See Hawaii Revised Statutes 651-1
• Postpartum: means the period of time immediately after and up to eight weeks following the birth of the baby. See Hawaii Revised Statutes 457J-2
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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}
• Wages: means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation. See Hawaii Revised Statutes 388-1
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.