Judiciary Of Hawaii
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Judiciary Of Hawaii
The Hawaii State Judiciary is the official name of the judicial system of Hawaii in the United States. Based in Honolulu, the Hawaii State Judiciary is a unified state court system that functions under the Chief Justice of the Hawaii State Supreme Court who is its administrator-in-chief. Principal courts The Hawaii State judiciary has four levels; two at the trial level and two at the appellate level. The trial-level courts are the district court, for lesser offenses and minor civil cases, and circuit court, for more serious offenses and major civil cases. There are two appellate courts, the Intermediate Court of Appeals, the lower appellate court, and the Supreme Court, for appeals from the decision of the Intermediate Court via certiorari, and for certain cases, such as election cases, over which it exercises original jurisdiction. The specific roles and names of the courts are as follows: * The Hawaii State Supreme Court is the state supreme court. It is the high court of ...
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Hawaii
Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only state geographically located within the tropics. Hawaii comprises nearly the entire Hawaiian archipelago, 137 volcanic islands spanning that are physiographically and ethnologically part of the Polynesian subregion of Oceania. The state's ocean coastline is consequently the fourth-longest in the U.S., at about . The eight main islands, from northwest to southeast, are Niihau, Kauai, Oahu, Molokai, Lānai, Kahoolawe, Maui, and Hawaii—the last of these, after which the state is named, is often called the "Big Island" or "Hawaii Island" to avoid confusion with the state or archipelago. The uninhabited Northwestern Hawaiian Islands make up most of the Papahānaumokuākea Marine National Monument, the United States' largest protected ...
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Minor (law)
In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon Jurisdiction (area), jurisdiction and application, but it is commonly 18. ''Minor'' may also be used in contexts that are unconnected to the overall age of majority. For example, the smoking age, smoking and legal drinking age, drinking age in the United States is 21, and younger people below this age are sometimes called ''minors'' in the context of tobacco and alcohol law, even if they are at least 18. The terms underage or ''minor'' often refer to those under the age of majority, but may also refer to a person under other legal age limits, such as the age of consent, marriageable age, driving age, voting age, etc. Such age limits are often different from the age of majority. The concept of ''minor'' is not sharply defined in most jurisdictions. The age of criminal responsibility and consent, the age at whi ...
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Small Claims
Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it may be known as a county or magistrate's court. These courts can be found in Australia, Brazil, Canada, England and Wales, Hong Kong, Ireland, Israel, New Zealand, Philippines, Scotland, Singapore, South Africa, Nigeria and the United States. Purpose and operation The jurisdiction of small-claims courts typically encompasses private disputes that do not involve large amounts of money. The routine collection of small debts forms a large portion of the cases brought to small-claims courts, as well as evictions and other disputes between landlords and tenants, unless the jurisdiction is already covered by a tenancy board. A small-claims court generally has a maximum monetary limit to the amount of judgments it can award, often in the thousands of ...
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Bench Trial
A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench trials for most or all cases or for certain types of cases. While a jury renders a verdict, a judge in a bench trial does the same by making a finding. United Kingdom England and Wales The majority of civil trials proceed without a jury and are heard by a judge sitting alone. Summary criminal trials may be heard by a single district judge (magistrates' court) or by a panel of at least two, but more usually three, magistrates. Section 47 Criminal Justice Act 2003 does allow a bench trial for indictable offences, but is rarely used, having been exercised only two times since its inception. Scotland Most civil trials in Scotland are conducted in a sheriff court by a sheriff sitting alone. In the Court of Session, a judge in either ...
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Infraction
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (which includes all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, som ...
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Traffic Ticket
A traffic ticket is a notice issued by a law enforcement official to a Driving, motorist or other road user, indicating that the user has violated Traffic, traffic laws. Traffic tickets generally come in two forms, citing a moving violation, such as exceeding the speed limit, or a non-moving violation, such as a parking violation, with the ticket also being referred to as a parking citation, or parking ticket. In some jurisdictions, a traffic ticket constitutes a notice that a penalty, such as a fine (penalty), fine or deduction of point system (driving), points, has been or will be assessed against the driver or owner of a vehicle; failure to pay generally leads to prosecution or to civil recovery proceedings for the fine. In others, the ticket constitutes only a citation and summons to appear at traffic court, with a determination of guilt to be made only in court. Australia In Australia, traffic laws are made at the state level, usually in their own consolidated Acts of Parli ...
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Hawaii State District Court
The Hawaii state district courts are a level of state courts in Hawaii. In addition, the district courts have jurisdiction over: *Civil cases with an amount in controversy not in excess of $25,000 or where the relief sought is specific performance valued under $25,000. The district courts have exclusive jurisdiction where the amount in controversy or relief sought is under $10,000 and small-claims cases where the amount claimed does not exceed $3,500. *Exclusive jurisdiction over traffic infractions and most Landlord–tenant disputes, including summary possession/ejection (eviction) cases regardless of the amount of the claim *Misdemeanor criminal offenses punishable by fine or by imprisonment not in excess of one year *Cases arising from the violations of a county ordinance. *Petitions for restraining orders for relief from and for injunctions against harassment The Hawai'i State Small Claims court is a division of the district courts. Its primary purview is civil cases ...
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Child Custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the right to make decisions about the child, and ''physical custody'', which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, "residence" and "contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the concepts of " ...
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Child Support
Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid directly or indirectly by an ''obligor'' to an ''obligee'' for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, a Legal guardian, guardian. Depending on the jurisdiction, a custodial parent may pay child support to a non-custodial parent. Typically one has the same duty to pay child support irrespective of sex, so a mother is required to pay support to a father just as a father must pay a mother. In some jurisdictions where there is joint custody, the child is considered to have two custodial parents and no non-custodial parents, and a custodial parent with a higher income (obligo ...
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Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de facto'' se ...
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Adoption
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents. Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition, either through legal or religious sanction. Historically, some societies have enacted specific laws governing adoption, while others used less formal means (notably contracts that specified inheritance rights and parental responsibility (access and custody), parental responsibilities without an accompanying transfer of filiation). Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations. History Antiquity ;Adoption for the well-born While the modern form o ...
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Child Neglect
A form of child abuse, child neglect is an act of caregivers (e.g., parents) that results in depriving a child of their basic needs, such as the failure to provide adequate supervision, health care, clothing, or housing, as well as other physical, emotional, social, educational, and safety needs. All societies have established that there are necessary behaviours a caregiver must provide for a child to develop physically, socially, and emotionally. Causes of neglect may result from several parenting problems including mental disorders, unplanned pregnancy, substance use disorder, unemployment, over employment, domestic violence, and, in special cases, poverty. Child neglect depends on how a child and society perceive the caregiver's behaviour; it is not how parents believe they are behaving toward their child. Parental failure to provide for a child, when options are available, is different from failure to provide when options are not available. Poverty and lack of resources are o ...
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