mere legal error (Hawaii) · Go Syfert
← Hawaii issues

mere legal error in Hawaii

53 Hawaii opinions name it 2 courts 1972–2023 9 in the last five years

The cases below were cited by Hawaii courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Kema v. Gaddisgreen
haw · 1999 · cited in 45 Hawaii opinions naming this issue, 2013–2023
2 sentences

2023See Kema v. Gaddis, 91 Hawaiʻi 200, 204, 982 P.2d 334, 338 (1999) (a writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action; a writ of mandamus is not intended to supersede the legal discretionary authority of the trial courts, cure a mere legal error, or serve as a legal remedy in lieu of normal appellate procedures).

2022See Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (a writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action; such a writ is not intended to supersede the legal discretionary authority of the trial courts, cure a mere legal error, or serve as a legal remedy in lieu of normal appellate procedures).

4545
Honolulu Advertiser, Inc. v. Takaogreen
haw · 1978 · cited in 38 Hawaii opinions naming this issue, 1984–2023
2 sentences

2021See HRS 634J-7; Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (a writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action); Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241 , 580 P.2d 58, 62 (1978) (a writ of mandamus is not intended to supersede the legal discretionary authority of the trial courts, cure a mere legal error, or serve as a legal remedy in lieu of normal appellate procedure).

2021See HRS 634J-7; Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (a writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action); Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241 , 580 P.2d 58, 62 (1978) (a writ of mandamus is not intended to supersede the legal discretionary authority of the trial courts, cure a mere legal error, or serve as a legal remedy in lieu of normal appellate procedure).

3838
Oili v. Changgreen
haw · 1976 · cited in 1 Hawaii opinions naming this issue, 2018–2018
2 sentences

2018See Oili v. Chang, 57 Haw. 411, 412 , 557 P.2d 787, 788 (1976) (the supreme court will not exercise its original jurisdiction in habeas corpus proceedings when no special reason exists for invoking its jurisdiction”); Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (a writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action); Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241 , 580 P.2d 58, 62 (

2018See Oili v. Chang, 57 Haw. 411, 412 , 557 P.2d 787, 788 (1976) (the supreme court will not exercise its original jurisdiction in habeas corpus proceedings when no special reason exists for invoking its jurisdiction”); Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (a writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action); Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241 , 580 P.2d 58, 62 (

11
In Re the Disciplinary Board of the Hawai'i Supreme Courtgreen
haw · 1999 · cited in 1 Hawaii opinions naming this issue, 2014–2014
1 sentence

2014See Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (a writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action); Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241 , 580 P.2d 58, 62 (1978) (a writ of mandamus is not intended to supersede the legal discretionary authority of the trial courts, cure a mere legal error, or serve as a legal remedy in lieu of normal appellate procedure; rather, it is

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Chambers v. Leavey green
haw · 1978
2 sentences

2013See Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (a writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action); Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241 , 580 P.2d 58, 62 (1978) (a writ of mandamus is not intended to supersede the legal discretionary authority of the trial courts, cure a mere legal error, or serve as a legal remedy in lieu of normal appellate procedure; rather, it is

2013See Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (a writ of mandamus is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of alternative means to redress adequately the alleged wrong or obtain the requested action); Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241 , 580 P.2d 58, 62 (1978) (a writ of mandamus is not intended to supersede the legal discretionary authority of the trial courts, cure a mere legal error, or serve as a legal remedy in lieu of normal appellate procedure; rather, it is

12013–2013
State v. Oshiro green
haw · 1987
2 sentences

2003"The writ of prohibition is an extraordinary remedy, the object of which is not to cure a mere legal error or to serve as a substitute for appeal, but to restrain a judge of an inferior court from acting beyond or in excess of his jurisdiction.” Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241 , 580 P.2d 58, 62 (1978) (citations omitted). . "[A] writ of mandamus will not issue unless the petitioner demonstrates 1) a clear and undisputed right to relief; and 2) a lack of other means to adequately redress the wrong or to obtain the requested action.” Oshiro, 69 Haw. at 441 , 746 P.2d at 570

2003"The writ of prohibition is an extraordinary remedy, the object of which is not to cure a mere legal error or to serve as a substitute for appeal, but to restrain a judge of an inferior court from acting beyond or in excess of his jurisdiction.” Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241 , 580 P.2d 58, 62 (1978) (citations omitted). . "[A] writ of mandamus will not issue unless the petitioner demonstrates 1) a clear and undisputed right to relief; and 2) a lack of other means to adequately redress the wrong or to obtain the requested action.” Oshiro, 69 Haw. at 441 , 746 P.2d at 570

12003–2003
State Ex Rel. Marsland v. Shintaku green
haw · 1982
2 sentences

2003Marsland v. Shintaku, 64 Haw. 307 , 640 P.2d 289 (1982) (per curiam)). .

2003Marsland v. Shintaku, 64 Haw. 307 , 640 P.2d 289 (1982) (per curiam)). .

12003–2003
Chung v. Ogata green
haw · 1972
2 sentences

1978Chung v. Ogata, 54 Haw. 146 , 504 P.2d 868 (1972); Nakagawa v. Heen, 58 Haw. 314 , 568 P.2d 508 (1977).

1978Chung v. Ogata, 54 Haw. 146 , 504 P.2d 868 (1972); Nakagawa v. Heen, 58 Haw. 314 , 568 P.2d 508 (1977).

11978–1978
State v. Carvalho green
haw · 1977
1 sentence

1978Chung v. Ogata, 54 Haw. 146 , 504 P.2d 868 (1972); Nakagawa v. Heen, 58 Haw. 314 , 568 P.2d 508 (1977).

11978–1978
Nakagawa v. Heen green
haw · 1977
1 sentence

1978Chung v. Ogata, 54 Haw. 146 , 504 P.2d 868 (1972); Nakagawa v. Heen, 58 Haw. 314 , 568 P.2d 508 (1977).

11978–1978
Wailuku Sugar Co. v. Kaiue neutral
haw · 1892
1 sentence

1972The prosecution admitted during the course of its oral argument in this court, and we agree, that Judge Ogata had jurisdiction, in a strict legal sense, to order the production of the grand jury transcript, see Salvador v. Doi, 50 Haw. 249 , 438 P.2d 392 (1968); that in granting Rapanal’s and Kane’s motion Judge Ogata committed, at most, a mere legal error rather than an act *149 in excess of his jurisdiction, cf. Andrews v. Whitney, 21 Haw. 264 (1912); that Rapanal’s and Kane’s case was properly lodged in Judge Ogata’s court, cf. Wailuku Sugar Co. v. Kaiue, 8 Haw. 537 (1892); and that Judge O

11972–1972
Andrews v. Whitney green
haw · 1912
1 sentence

1972The prosecution admitted during the course of its oral argument in this court, and we agree, that Judge Ogata had jurisdiction, in a strict legal sense, to order the production of the grand jury transcript, see Salvador v. Doi, 50 Haw. 249 , 438 P.2d 392 (1968); that in granting Rapanal’s and Kane’s motion Judge Ogata committed, at most, a mere legal error rather than an act *149 in excess of his jurisdiction, cf. Andrews v. Whitney, 21 Haw. 264 (1912); that Rapanal’s and Kane’s case was properly lodged in Judge Ogata’s court, cf. Wailuku Sugar Co. v. Kaiue, 8 Haw. 537 (1892); and that Judge O

11972–1972
Salvador v. Doi neutral
haw · 1968
2 sentences

1972The prosecution admitted during the course of its oral argument in this court, and we agree, that Judge Ogata had jurisdiction, in a strict legal sense, to order the production of the grand jury transcript, see Salvador v. Doi, 50 Haw. 249 , 438 P.2d 392 (1968); that in granting Rapanal’s and Kane’s motion Judge Ogata committed, at most, a mere legal error rather than an act *149 in excess of his jurisdiction, cf. Andrews v. Whitney, 21 Haw. 264 (1912); that Rapanal’s and Kane’s case was properly lodged in Judge Ogata’s court, cf. Wailuku Sugar Co. v. Kaiue, 8 Haw. 537 (1892); and that Judge O

1972The prosecution admitted during the course of its oral argument in this court, and we agree, that Judge Ogata had jurisdiction, in a strict legal sense, to order the production of the grand jury transcript, see Salvador v. Doi, 50 Haw. 249 , 438 P.2d 392 (1968); that in granting Rapanal’s and Kane’s motion Judge Ogata committed, at most, a mere legal error rather than an act *149 in excess of his jurisdiction, cf. Andrews v. Whitney, 21 Haw. 264 (1912); that Rapanal’s and Kane’s case was properly lodged in Judge Ogata’s court, cf. Wailuku Sugar Co. v. Kaiue, 8 Haw. 537 (1892); and that Judge O

11972–1972
Peters v. Jamieson green
haw · 1964
2 sentences

1972The prosecution admitted during the course of its oral argument in this court, and we agree, that Judge Ogata had jurisdiction, in a strict legal sense, to order the production of the grand jury transcript, see Salvador v. Doi, 50 Haw. 249 , 438 P.2d 392 (1968); that in granting Rapanal’s and Kane’s motion Judge Ogata committed, at most, a mere legal error rather than an act *149 in excess of his jurisdiction, cf. Andrews v. Whitney, 21 Haw. 264 (1912); that Rapanal’s and Kane’s case was properly lodged in Judge Ogata’s court, cf. Wailuku Sugar Co. v. Kaiue, 8 Haw. 537 (1892); and that Judge O

1972The prosecution admitted during the course of its oral argument in this court, and we agree, that Judge Ogata had jurisdiction, in a strict legal sense, to order the production of the grand jury transcript, see Salvador v. Doi, 50 Haw. 249 , 438 P.2d 392 (1968); that in granting Rapanal’s and Kane’s motion Judge Ogata committed, at most, a mere legal error rather than an act *149 in excess of his jurisdiction, cf. Andrews v. Whitney, 21 Haw. 264 (1912); that Rapanal’s and Kane’s case was properly lodged in Judge Ogata’s court, cf. Wailuku Sugar Co. v. Kaiue, 8 Haw. 537 (1892); and that Judge O

11972–1972

Where else courts name it

HI 53 (1972–2023) NY 7 (1840–2013) FL 3 (2009–2017) KY 3 (1919–2015) CT 3 (1888–1927) MS 2 (2004–2007) GA 2 (1901–2007) WI 2 (1949–1955)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check