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Terms Used In 5 Guam Code Ann. § 32127

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
In addition to all other remedies available as provided in this chapter or at law or equity, the Attorney General shall have the following remedies and standing to enforce the provisions of this chapter:

(a) In addition to other remedies available, the court may, upon application of the Attorney General, impose a civil penalty of not more than Five Thousand Dollars ($5,000) per violation of this chapter.

(b) Any person who violates the terms of an injunction issued upon application of the Attorney General pursuant to this chapter or in any case in which the government of Guam or the Attorney General is a party in an action pursuant to this chapter, in addition to all other remedies for contempt, shall be ordered by the court to forfeit and pay to the government of Guam a civil penalty of not more than Ten Thousand Dollars ($10,000) per violation. In determining whether an injunction has been violated the court shall take into consideration the maintenance of procedures reasonably adapted to insure compliance with the injunction. For the purposes of this section, the court issuing the injunction shall retain jurisdiction, and the cause shall be continued, and in these cases, the Attorney General, acting in the name of the territory of Guam, may petition for recovery of civil penalties under this section.

(c) An order of the court awarding civil penalties under this chapter applies only to violations of the injunction incurred prior to the awarding of the penalty order. Second or subsequent violations of an injunction issued under this section are subject to the same penalties set out in this chapter.

(d) The court, at the request of the Attorney General, may, prior to or after judgment, freeze the accounts at any financial institution of any person violating this chapter, if there is a likelihood that the violator will abscond with the money in the accounts. Any aggrieved person may be heard

by the court on his objections thereto on two (2) days notice or less if permitted by the court.