Terms Used In Hawaii Revised Statutes > Chapter 6F - Judiciary History Center

• Abandoned well: means any well:
  (1) The purpose or use of which has been permanently discontinued;
  (2) That has served its purpose;
  (3) That is not properly maintained;
  (4) The physical condition of which is causing a waste of ground water or is impairing or threatens to impair the quality of the ground water resources; or
  (5) That is in such a state of disrepair that its continued use is impractical or poses a hazard to public health or safety. See Hawaii Revised Statutes 174C-81
• Accidental harm: means bodily injury, death, sickness, or disease caused by a motor vehicle accident to a person. See Hawaii Revised Statutes 431:10C-103
• Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
• Administrative action: means the proposal, drafting, consideration, amendment, enactment, or defeat by any administrative agency of any rule or other action governed by section 91-3. See Hawaii Revised Statutes 97-1
• Administrative agency: means a commission, board, agency, or other body, or official in the state government that is not a part of the legislative or judicial branch. See Hawaii Revised Statutes 97-1
• 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.
• 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.
• Amortization: Paying off a loan by regular installments.
• 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.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized planned use: means the use or projected use of water by a development that has received the proper state land use designation and county development plan/community plan approvals. See Hawaii Revised Statutes 174C-3
• 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}
• Board: means the executive board of the judiciary history center. See Hawaii Revised Statutes 6F-1
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 174C-3
• bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-71
• bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-111
• bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-151
• Center: means the judiciary history center. See Hawaii Revised Statutes 6F-1
• Chairperson: means the chairperson of the commission on water resource management. See Hawaii Revised Statutes 174C-3
• Change in use: means any modification or change in water use from or to domestic, municipal, military, agriculture (including agricultural processing), or industrial uses. See Hawaii Revised Statutes 174C-3
• Channel alteration: means : (1) to obstruct, diminish, destroy, modify, or relocate a stream channel; (2) to change the direction of flow of water in a stream channel; (3) to place any material or structures in a stream channel; and (4) to remove any material or structures from a stream channel. See Hawaii Revised Statutes 174C-3
• Commission: means the commission on water resource management. See Hawaii Revised Statutes 174C-3
• 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.
• 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.
• Contribution: includes a gift, subscription, forgiveness of a loan, advance, or deposit of money, or anything of value and includes a contract, promise, or agreement, whether or not enforceable, to make a contribution. See Hawaii Revised Statutes 97-1
• 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
• Criminal conduct: means :

  (1) The commission of an offense punishable by imprisonment for more than one year;

  (2) The operation or use of a motor vehicle with the specific intent of causing injury or damage; or

  (3) The operation or use of a motor vehicle as a converter without a good faith belief by the operator or user that the operator or user is legally entitled to operate or use such vehicle. See Hawaii Revised Statutes 431:10C-103

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-71
• Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-111
• Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-151
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 174C-3
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 98-2
• Emergency: means the absence of a sufficient quantity and quality of water in any area whether designated or not which threatens the public health, safety, and welfare as determined by the commission. See Hawaii Revised Statutes 174C-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}
• 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.
• Expenditure: includes a payment, distribution, forgiveness of a loan, advance, deposit, or gift of money, or anything of value and includes a contract, promise, or agreement, whether or not enforceable, to make an expenditure. See Hawaii Revised Statutes 97-1
• Fiduciary: A trustee, executor, or administrator.
• 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.
• 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.
• Friends of the judiciary history center: means the nonprofit citizens group organized to support the center. See Hawaii Revised Statutes 6F-1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Ground water: means any water found beneath the surface of the earth, whether in perched supply, dike-confined, flowing, or percolating in underground channels or streams, under artesian pressure or not, or otherwise. See Hawaii Revised Statutes 174C-3
• Hydrologic unit: means a surface drainage area or a ground water basin or a combination of the two. See Hawaii Revised Statutes 174C-3
• Impoundment: means any lake, reservoir, pond, or other containment of surface water occupying a bed or depression in the earth's surface and having a discernible shoreline. See Hawaii Revised Statutes 174C-3
• 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}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Injury: means accidental harm not resulting in death. See Hawaii Revised Statutes 431:10C-103
• Installation of pumps and pumping equipment: means the procedure employed in the placement and preparation for operation of pumps and pumping equipment, including all construction involved in making entrance to the well, and establishing seals and repairs to existing installations. See Hawaii Revised Statutes 174C-81
• Instream flow standard: means a quantity or flow of water or depth of water which is required to be present at a specific location in a stream system at certain specified times of the year to protect fishery, wildlife, recreational, aesthetic, scenic, and other beneficial instream uses. See Hawaii Revised Statutes 174C-3
• Instream use: means beneficial uses of stream water for significant purposes which are located in the stream and which are achieved by leaving the water in the stream. See Hawaii Revised Statutes 174C-3
• Insured: means :

  (1) The person identified by name as insured in a motor vehicle insurance policy complying with § 431:10C-301; and

  (2) A person residing in the same household with a named insured, specifically:

  (A) A spouse or reciprocal beneficiary or other relative of a named insured; and

  (B) A minor in the custody of a named insured or of a relative residing in the same household with a named insured. See Hawaii Revised Statutes 431:10C-103

• Insurer: means every person holding a valid certificate of authority to engage in the business of making contracts of motor vehicle insurance in this State. See Hawaii Revised Statutes 431:10C-103
• Interim instream flow standard: means a temporary instream flow standard of immediate applicability, adopted by the commission without the necessity of a public hearing, and terminating upon the establishment of an instream flow standard. See Hawaii Revised Statutes 174C-3
• Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
• 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 material: means , whether or not in effect:

  (1) The Constitution of the State of Hawaii;

  (2) The Session Laws of Hawaii;

  (3) The Hawaii Revised Statutes;

  (4) A state agency rule that has or had the effect of law;

  (5) Reported decisions of the following state courts: the supreme court of the State of Hawaii and the intermediate appellate court of the State of Hawaii; or

  (6) State court rules. See Hawaii Revised Statutes 98-2

• Legislative action: means the sponsorship, drafting, introduction, consideration, modification, enactment, or defeat of any bill, resolution, amendment, report, nomination, appointment, or any other matter pending or proposed in the legislature. See Hawaii Revised Statutes 97-1
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Loan program: means the activities and policies undertaken by the office to provide assistance to any department of the State or to any county or board, agency, or instrumentality thereof, or to private individuals or organizations, by making loans or causing loans to be made available to them or by buying, refinancing, or guaranteeing loans made to or other obligations incurred by them for the betterment of native Hawaiians. See Hawaii Revised Statutes 10-21
• Lobbying: means communicating directly or through an agent, or soliciting others to communicate, with any official in the legislative or executive branch, for the purpose of attempting to influence legislative or administrative action or a ballot issue. See Hawaii Revised Statutes 97-1
• Lobbyist: means any individual who:

  (1) Receives or expects to receive, either by employment or contract, $1,000 or more in monetary or in-kind compensation in any calendar year for engaging in lobbying, either personally or through the lobbyist's agents; or

  (2) For pay or other consideration, on behalf of another person:

  (A) Engages in lobbying in excess of five hours in any month of any reporting period described in section 97-3;

  (B) Engages in lobbying in excess of ten hours during any calendar year; or

  (C) Makes expenditures of $1,000 or more of the person's or any other person's money lobbying during any reporting period described in section 97-3;

  provided that an employee of a nonprofit organization who spends fewer than ten hours in any month lobbying on a grant application submitted pursuant to chapter 42F is not a lobbyist if the employee does not engage in lobbying on matters that are unrelated to the grant application. See Hawaii Revised Statutes 97-1

• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor vehicle: means any vehicle of a type required to be registered under chapter 286, including a trailer attached to such a vehicle, but not including motorcycles and motor scooters. See Hawaii Revised Statutes 431:10C-103
• Motor vehicle insurance policy: means an insurance policy that meets the requirements of § 431:10C-301. See Hawaii Revised Statutes 431:10C-103
• Oath: A promise to tell the truth.
• oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
• 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.
• Official publisher: means :

  (1) For the Constitution of the State of Hawaii, the revisor of statutes;

  (2) For the Session Laws of Hawaii, the revisor of statutes;

  (3) For the Hawaii Revised Statutes, the revisor of statutes;

  (4) For any administrative agency rules, the office of the governor;

  (5) For a state court decision included under paragraph (5) of the definition of "legal material" the supreme court; or

  (6) For state court rules, the supreme court. See Hawaii Revised Statutes 98-2

• Owner: means a person who holds the legal title to a motor vehicle; except that in the case of a motor vehicle which is the subject of a security agreement or lease with a term of not less than one year with the debtor or lessee having the right to possession, such term means the debtor or lessee. See Hawaii Revised Statutes 431:10C-103
• 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 a corporation, individual, union, association, firm, sole proprietorship, partnership, committee, club, or any other organization or a representative of a group of persons acting in concert. See Hawaii Revised Statutes 97-1
• Person: means an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, or tribunal or any form of business or legal entity. See Hawaii Revised Statutes 46-122
• Person: means any and all persons, natural or artificial, including an individual, firm, association, organization, partnership, business trust, corporation, company, the United States of America, the State of Hawaii, and all political subdivisions, municipalities, and public agencies thereof. See Hawaii Revised Statutes 174C-3
• Person: means , when appropriate to the context, not only individuals, but corporations, firms, associations, and societies. See Hawaii Revised Statutes 431:10C-103
• Premises: shall include but not be limited to a lodging or tenement house, group residence, group living arrangement, hotel, boardinghouse, or restaurant as further defined in § 445-90, or any other like facility serving unsupervised or unrelated individuals. See Hawaii Revised Statutes 46-15.6
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• project: means :

  (1) The lawful acquisition of any property, real, personal, or mixed, tangible or intangible, or any interests therein, pursuant to section 10-4(2);

  (2) Any capital improvement projects on lands held by the office pursuant to section 10-4(2) or in the public land trust, including but not limited to the construction of buildings and other improvements; infrastructure development, and other enterprises which are acquired, constructed, reconstructed, rehabilitated, improved, altered, or repaired by or on behalf of the office;

  (3) Pilot projects, demonstrations, or both, where those projects or demonstrations fulfill criteria established by the board, pursuant to section 10-5(7); and

  (4) Any other projects determined by rules adopted by the board pursuant to chapter 91 or otherwise authorized by the board in accordance with applicable law to be for the betterment of native Hawaiians and are consistent with the purposes of this chapter. See Hawaii Revised Statutes 10-21

• Project: means any combination of land, buildings, and other improvements thereon, for use as a manufacturing enterprise, including, without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus which shall be deemed necessary, suitable, or useful to such enterprise. See Hawaii Revised Statutes 39A-71
• Project: means any combination of land, buildings, and other improvements thereon, for use as a processing enterprise, including, without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus which shall be deemed necessary, suitable, or useful to such enterprise. See Hawaii Revised Statutes 39A-111
• Project: means any combination of land, buildings, and other improvements thereon, including without limitation parking facilities, for use of, or for, or to assist an industrial enterprise, including, without limiting the generality of the foregoing, machinery, equipment, furnishings, and apparatus which shall be deemed necessary, suitable, or useful to such enterprise. See Hawaii Revised Statutes 39A-151
• Project agreement: means any agreement entered into under this part by the department with a project party to financially assist a manufacturing enterprise from the proceeds of special purpose revenue bonds, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-71
• Project agreement: means any agreement entered into under this part by the department with a project party to financially assist a processing enterprise from the proceeds of special purpose revenue bonds, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-111
• Project agreement: means any agreement entered into under this part by the department with a project party to finance, construct, operate, or maintain a project from the proceeds of special purpose revenue bonds, or to lend the proceeds of special purpose revenue bonds to assist an industrial enterprise, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-151
• Project party: means a person, firm, or corporation qualified to do business in this State and conducting or proposing to conduct a manufacturing enterprise in this State. See Hawaii Revised Statutes 39A-71
• Project party: means a person, firm, or corporation qualified to do business in this State and conducting or proposing to conduct a processing enterprise in this State. See Hawaii Revised Statutes 39A-111
• Project party: means a person, firm, or corporation qualified to do business in this State and conducting or proposing to conduct an industrial enterprise in this State. See Hawaii Revised Statutes 39A-151
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Pump installation contractor: means any person, firm, or corporation which is in the business of installing or repairing pumps and pumping equipment. See Hawaii Revised Statutes 174C-81
• Pumps and pumping equipment: means any equipment or materials utilized or intended for use in withdrawing or obtaining ground water. See Hawaii Revised Statutes 174C-81
• 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.
• Reasonable-beneficial use: means the use of water in such a quantity as is necessary for economic and efficient utilization, for a purpose, and in a manner which is both reasonable and consistent with the state and county land use plans and the public interest. See Hawaii Revised Statutes 174C-3
• Recess: A temporary interruption of the legislative business.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 98-2
• 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.
• Repairs: means any change, replacement, or other alteration of any well, pump, or pumping equipment which requires a breaking or opening of the well seal. See Hawaii Revised Statutes 174C-81
• Reserves: means reserves required or permitted in the covenants in the resolution or resolutions of the board authorizing the obtaining of loans or issuance of revenue bonds under this part. See Hawaii Revised Statutes 10-21
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revenue bonds: means revenue bonds, interim certificates, notes, debentures, or other evidence of indebtedness of the board authorized by or issued under this part. See Hawaii Revised Statutes 10-21
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 98-2
• Statute: A law passed by a legislature.
• Stream: means any river, creek, slough, or natural watercourse in which water usually flows in a defined bed or channel. See Hawaii Revised Statutes 174C-3
• Stream channel: means a natural or artificial watercourse with a definite bed and banks which periodically or continuously contains flowing water. See Hawaii Revised Statutes 174C-3
• Stream diversion: means the act of removing water from a stream into a channel, pipeline, or other conduit. See Hawaii Revised Statutes 174C-3
• Subpoena: A command to a witness to appear and give testimony.
• Surface water: means both contained surface water--that is, water upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other watercourses, lakes, reservoirs, and coastal waters subject to state jurisdiction--and diffused surface water--that is, water occurring upon the surface of the ground other than in contained water bodies. See Hawaii Revised Statutes 174C-3
• Sustainable yield: means the maximum rate at which water may be withdrawn from a water source without impairing the utility or quality of the water source as determined by the commission. See Hawaii Revised Statutes 174C-3
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• 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}
• Uninsured motor vehicle: means any of the following:

  (1) A motor vehicle for which there is no bodily injury liability insurance or self-insurance applicable at the time of the accident; or

  (2) An unidentified motor vehicle that causes an accident resulting in injury; provided the accident is reported to the police or proper governmental authority within thirty days or as soon as practicable thereafter. See Hawaii Revised Statutes 431:10C-103

• Water management area: means a geographic area which has been designated pursuant to § 174C-41 as requiring management of the ground or surface water resource, or both. See Hawaii Revised Statutes 174C-3
• Water source: means a place within or from which water is or may be developed, including but not limited to: (1) generally, an area such as a watershed defined by topographic boundaries, or a definitive ground water body; and (2) specifically, a particular stream, other surface water body, spring, tunnel, or well or related combination thereof. See Hawaii Revised Statutes 174C-3
• waters of the State: means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground. See Hawaii Revised Statutes 174C-3
• Well: means an artificial excavation or opening into the ground, or an artificial enlargement of a natural opening by which ground water is drawn or is or may be used or can be made to be usable to supply reasonable and beneficial uses within the State. See Hawaii Revised Statutes 174C-3
• Well construction: means the producing of any well, including the construction, alteration, or repair thereof, but excluding the installation of pumps and pumping equipment. See Hawaii Revised Statutes 174C-81
• Well driller: means any person, firm, or corporation which constructs, alters, or repairs wells. See Hawaii Revised Statutes 174C-81
• Well seal: means an approved arrangement or device used to cap a well or to establish and maintain a junction between the casing or curbing of a well and the piping or equipment installed therein, the purpose or function of which is to prevent pollutants from entering the well at the other terminal. See Hawaii Revised Statutes 174C-81