Terms Used In Hawaii Revised Statutes > Chapter 93 - Government Publications

• Administrator: means the administrator of forestry and wildlife. See Hawaii Revised Statutes 185-1
• After-care: means any assistance provided by a caregiver to a patient following the patient's discharge from a hospital that is related to the patient's condition at the time of discharge, including but not limited to assisting with basic activities of daily living, instrumental activities of daily living, and other tasks determined to be appropriate by the discharging physician or other health care professional licensed pursuant to chapter 453 or 457. See Hawaii Revised Statutes 323G-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.
• 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.
• Aquatic life: means any type or species of mammal, fish, amphibian, reptile, mollusk, crustacean, arthropod, invertebrate, coral, or other animal that inhabits the freshwater or marine environment and includes any part, product, egg, or offspring thereof; or freshwater or marine plants, including seeds, roots, products, and other parts thereof. See Hawaii Revised Statutes 187A-1
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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}
• Board: means the board of education. See Hawaii Revised Statutes 302A-101
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 185-1
• Board: means the neurotrauma advisory board established under § 321H-3. See Hawaii Revised Statutes 321H-1
• bonds: means bonds, notes, or other evidences of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-71
• Branch: means an area comprising a county of the State. See Hawaii Revised Statutes 185-1
• Business: includes every trade, occupation, and profession. See Hawaii Revised Statutes 425-101
• Caregiver: means any individual duly designated by a patient to provide after-care to the patient in the patient's residence. See Hawaii Revised Statutes 323G-1
• Commission: means the commission on water resource management. See Hawaii Revised Statutes 174C-3
• 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.
• Contact information: means name, phone number, electronic mail address, and address of residence, where available. See Hawaii Revised Statutes 323G-1
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 185-1
• Department: means the department of education. See Hawaii Revised Statutes 302A-101
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 187A-1
• Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-71
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 188F-1
• Department: means department of health. See Hawaii Revised Statutes 321H-1
• Dependent: A person dependent for support upon another.
• Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 425-101
• Director: means the director of health. See Hawaii Revised Statutes 321H-1
• Discharge: means a patient's exit or release from a hospital to the patient's residence following any medical care or treatment rendered to the patient following an inpatient admission. See Hawaii Revised Statutes 323G-1
• Distribution: means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee. See Hawaii Revised Statutes 425-101
• enrollment: means a student has met all of the department's requirements for entrance and is formally placed on a school's roll. See Hawaii Revised Statutes 302A-101
• Entity: includes domestic and foreign corporations, domestic professional corporations, domestic and foreign limited liability companies, domestic and foreign nonprofit corporations, domestic and foreign business trusts, estates, domestic and foreign partnerships, domestic and foreign limited partnerships, domestic and foreign limited liability partnerships, trusts, two or more persons having joint or common economic interest, associations and cooperative associations, and state, federal, and foreign governments. See Hawaii Revised Statutes 425-101
• 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.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care provider: means a program, agency, clinic, health care center, physician licensed under the provisions of chapter 453, advanced practice registered nurse licensed under the provisions of chapter 457, pharmacist licensed under the provisions of chapter 461, physician's assistant licensed under the provisions of chapter 453, person authorized to practice medicine as a physician or physician's assistant, or nursing as an advanced practice registered nurse, in federal facilities located in the State, that administers immunizations in Hawaii, or any other person authorized to prescribe vaccinations in Hawaii. See Hawaii Revised Statutes 325-121
• Hospital: means a facility licensed under section 321-14. See Hawaii Revised Statutes 323G-1
• 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}
• Individual: means a natural person. See Hawaii Revised Statutes 425-101
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means the recognition granted by the Hawaii teacher standards board to an individual to practice the profession of teaching. See Hawaii Revised Statutes 302A-101
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited liability partnership: means a partnership that has filed a statement of qualification under section 425-152 and does not have a similar statement in effect in any other jurisdiction. See Hawaii Revised Statutes 425-101
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Management area: means the West Hawaii regional fishery management area established in section 188F-2. See Hawaii Revised Statutes 188F-1
• Manager: means the forestry and wildlife manager of a designated branch. See Hawaii Revised Statutes 185-1
• Marine life: means any type or species of saltwater fish, shellfish, mollusks, crustaceans, coral, or other marine animals, including any part, product, egg, or offspring thereof; or seaweeds or other marine plants, including any part, product, seed, or root thereof. See Hawaii Revised Statutes 187A-1
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Neurotrauma: means a severe chronic disability of a person that is attributable to an injury to the central nervous system, such as traumatic brain injury and spinal cord injury, and likely to continue indefinitely. See Hawaii Revised Statutes 321H-1
• 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.
• Partnership: means an association of two or more persons to carry on as co-owners a business for profit formed under § 425-109, a predecessor law, or comparable law of another jurisdiction. See Hawaii Revised Statutes 425-101
• 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.
• Partnership agreement: means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement. See Hawaii Revised Statutes 425-101
• Partnership at will: means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking. See Hawaii Revised Statutes 425-101
• Patient: means an individual admitted to a hospital for inpatient treatment. See Hawaii Revised Statutes 323G-1
• Person: includes an individual, partnership, joint venture, corporation, association, business, trust, or any organized group of persons or legal entity, or any combination thereof. See Hawaii Revised Statutes 323J-1
• Person: includes any individual or entity. See Hawaii Revised Statutes 425-101
• 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
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan: means the West Hawaii regional fishery management area plan established in § 188F-4. See Hawaii Revised Statutes 188F-1
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• 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 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
• Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See Hawaii Revised Statutes 425-101
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public schools: means all academic and noncollege type schools established and maintained by the department and charter schools governed by chapter 302D. See Hawaii Revised Statutes 302A-101
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Registry: means the Hawaii immunization registry. See Hawaii Revised Statutes 325-121
• Reproductive health care services: includes all medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or the termination of a pregnancy. See Hawaii Revised Statutes 323J-1
• Residence: means a dwelling that the patient considers to be the patient's home and shall not include any residential facility, treatment facility, or home licensed or certified by the department of health under chapter 321, or a private residence used for commercial purposes to care for dependent individuals. See Hawaii Revised Statutes 323G-1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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.
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 425-101
• Statement: means a registration or annual statement filed under § 425-1, a statement of correction filed under section 425-1. See Hawaii Revised Statutes 425-101
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• 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.
• Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See Hawaii Revised Statutes 425-101
• Trustee: A person or institution holding and administering property in trust.
• 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
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.