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Terms Used In 5 Guam Code Ann. § 32116

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
The Attorney General may represent one (1) or more named consumers for equitable relief, rescission of contract or sale, restitution, civil penalties and attorney’s fees; may bring a class action on behalf of Guam consumers for equitable relief, rescission of contract or sale, damages, restitution, civil penalties and attorney’s fees; or may sue in the name of the government of Guam for equitable relief, rescission of contract or sale, restitution, civil penalties and attorney’s fees, with information on the individual consumers and their losses and damages available on discovery. Income of the consumer shall not be a factor in determining eligibility for such representation by the Attorney General.