6 Guam Code Ann. § 5106
Terms Used In 6 Guam Code Ann. § 5106
- 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.
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
1. A malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another;
2. The truth of the facts recited, from the recital in a written instrument between the parties thereto, or their successors in interest by a subsequent title but this rule does not apply to the recital of a consideration;
3. Whenever a party has, by his own declaration, act or omission, intentionally and deliberately led another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or omission be permitted to falsify it;
4. A tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation;
5. The issue of a wife cohabiting with her husband who is not impotent, is indisputably presumed to be legitimate;
6. The judgement or order of a court, when declared by this Code to be conclusive; but such judgment or order must be alleged in the pleadings if there be an opportunity to do so; if there be no such opportunity, the judgment or order may be used as evidence;
7. Any other presumption which, by law, expressly made conclusive.
SOURCE: CCP § 1962.
COMMENT: See Atkins Kroll, Ltd. v Cabrera, (1961) 295 F.2d 21.