5 Guam Code Ann. § 63709
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In 5 Guam Code Ann. § 63709
- 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
(a) Any person may maintain an action for declaratory and equitable relief to restrain violations of this Chapter. No bond shall be required for an action under this Subsection.
(b) Any person may maintain an action for the recovery of civil penalties provided in § 63708.
(c) The provisions of this Section shall be, in addition to other remedies, available at law.
(d) Any person prevails in a civil action brought to enjoin a violation of this Chapter or to recover civil penalties shall be awarded his costs, including reasonable attorneys fees.
SOURCE: GC § 12393.8.
COMMENT: Again, the scope of this section appears to the whole Chapter. However, see Article 2 for similar remedies applicable to that Article alone. 5 Guam Code Ann. § 63211 has not been repealed.