Hawaii State District Courts
Encyclopedia
The Hawaii State District Courts are a level of state courts in Hawaii
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In addition, the District Courts have jurisdiction over:
The Hawai'i State Small Claims court is a division of the District Courts. Its primary purview is civil cases in which the amount in controversy is $3,500 or less. If the party being sued counterclaims against the plaintiff bringing the suit, the small claims court will still retain jurisdiction if the counterclaim is $25,000 or less.
The small claims court also has jurisdiction over all returns of residential security deposits from landlords, regardless of amount; returns of leased or rented personal property, where the property is worth $3,500 or less and where the rental amount claimed does not exceed $3,500; and suits to recover damages or repossess items stolen from business property, such as shopping carts, shopping baskets, or other similar devices.
The advantage of the small claims process is that it is informal. However, a disadvantage is that the decision of the judge is final and there is no right to appeal
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Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
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In addition, the District Courts have jurisdiction over:
- CivilCivil law (common law)Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
cases with an amount in controversyAmount in controversyAmount in controversy is a term used in United States civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the...
not in excess of $25,000 or where the reliefLegal remedyA legal remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will....
sought is specific performanceSpecific performanceSpecific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to award/ for awarding damages, and is classed as an equitable remedy commonly used in the form of injunctive relief concerning confidential...
valued under $25,000. The District Courts have exclusive jurisdictionExclusive jurisdictionIn civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
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 infractionsTraffic ticketA traffic ticket is a notice issued by a law enforcement official to a motorist or other road user, accusing violation of 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,...
and most Landlord–tenant disputesLandlord–tenant lawLandlord–tenant law is a part of the common law that details the rights and duties of landlords and tenants. It includes elements of both real property law and contract law.-History:...
, including summary possession/ejectionEvictionHow you doing???? Eviction is the removal of a tenant from rental property by the landlord. Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, forcible detainer, ejectment, and repossession, among other terms...
(eviction) cases regardless of the amount of the claim - MisdemeanorMisdemeanorA misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
criminal offensesCrimeCrime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
punishable by fine or by imprisonmentImprisonmentImprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
not in excess of one year - Cases arising from the violations of a county ordinance.
- PetitionPetitionA petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
s for restraining ordersInjunctionAn injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
for relief from and for injunctionInjunctionAn injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
s against harassmentHarassmentHarassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...
The Hawai'i State Small Claims court is a division of the District Courts. Its primary purview is civil cases in which the amount in controversy is $3,500 or less. If the party being sued counterclaims against the plaintiff bringing the suit, the small claims court will still retain jurisdiction if the counterclaim is $25,000 or less.
The small claims court also has jurisdiction over all returns of residential security deposits from landlords, regardless of amount; returns of leased or rented personal property, where the property is worth $3,500 or less and where the rental amount claimed does not exceed $3,500; and suits to recover damages or repossess items stolen from business property, such as shopping carts, shopping baskets, or other similar devices.
The advantage of the small claims process is that it is informal. However, a disadvantage is that the decision of the judge is final and there is no right to appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
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