6 Guam Code Ann. § 4205
Terms Used In 6 Guam Code Ann. § 4205
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
a record is in evidence.
(c) An unwritten law is the law, not promulgated and recorded as mentioned in subsection (b), but which is, nevertheless, observed and administered in the courts of Guam. It has no certain repository, but is collected from the records of the decisions of the courts, and the treatises of learned men.
SOURCE: Combination of CCP § 1895, § 1896 & § 1899 – with grammatical changes only.
CROSS-REFERENCES: 1 Guam Code Ann. 700.
COMMENT: This Section describes both the written, or statutory, law and the unwritten, or “common law”. Subsection (c) is changed from prior law by referencing “Guam” rather than “country”, since it is by no means certain that the “common law” has been adopted generally on Guam. This is seen by the specific omission of 1 Guam Code Ann.
705 which would have, had it been adopted, adopted the common law for Guam. In
any event, this Section does not mandate the use of any particular part, or any of the
“common law”, it merely describes it should it be used.
NOTE: CCP § 1898, relative to public and private laws, is deleted here because Guam has developed no distinction between public and private laws. All laws enacted by the Guam Legislature are denominated as “Public Laws”.
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6 Guam Code Ann. EVIDENCE
DIV. 2 PRINCIPLES OF EVIDENCE
CH. 4 WRITINGS