19 Guam Code Ann. § 5102
Terms Used In 19 Guam Code Ann. § 5102
- 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.
- 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.
- Statute: A law passed by a legislature.
(a) Court means the Family Division of the Superior
Court.
(b) Judge means a judge of the Superior Court sitting, either permanently or temporarily, as judge of the Family Division.
(c) Adult means a person eighteen (18) years of age or older.
(d) For the purposes of § 5103(a)(4) only, a child or minor means a person less than eighteen (18) years of age on the date legal proceedings are first commenced against him. For all other purposes, a child or minor is a person who is less than eighteen (18) years of age.
SOURCE: 19 Guam Code Ann. § 5102, a modification of CCP § 251 enacted by P.L.
17-012:2.
COMMENT: The general scheme of the former Juvenile Court Act has been continued here, and 9 Guam Code Ann. § 7.10(a) is amended by the enacting statute for this Title, to continue the law that the age of a person, when differentiating between a minor and adult, is as of the date legal proceedings were commenced — not the time the offense was committed. This change is due to the fact that Guam does not have facilities to confine persons as juveniles past the age of 18. The determination of a person’s age was made in the District Court case of People v. LeFever (not published). The 9th Circuit Court of Appeals dismissed the appeal on other grounds (People v. LeFever, 454 F.2d 270). This Section follows existing law as to the time a person’s age is determined.
Another advantage of this firm dividing line is that there can be little argument as to what court has jurisdiction over the person, whereas under the other definition, considerable uncertainty is raised over the issue.