7 Guam Code Ann. § 3107
Terms Used In 7 Guam Code Ann. § 3107
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
(b) Additional Authority. Its authority also includes jurisdiction of original proceedings for mandamus, prohibition, injunction, and similar remedies to protect its appellate jurisdiction. The Supreme Court shall have jurisdiction of all appeals arising from judgments, final decrees, or final orders of the Superior Court in criminal cases and in civil cases and proceedings. The Supreme Court has original and appellate jurisdiction over attorney disciplinary matters including but not limited to admissions, qualifications, and standards of practice; and supervisory jurisdiction over all inferior courts in Guam and may make and promulgate rules governing the practice and procedure in the courts. This does not include administrative authority otherwise specifically prescribed in § 5102 of this Act.
1985 SOURCE: CCP § 62, as amended by P.L. 12-85 and P.L. 13-187; and modified. Subsection (b) repealed and reenacted by P.L. 24-139:29. Subsection (b) amended by P.L. 27-31:9.
COURT DECISIONS: The Supreme Court, in Pangelinan v. Gutierrez, 2000 Guam
11 (2000); affirmed by the Ninth Circuit as 276 F.3d 534 (1/10/2002), held P.L. 24-
139 not to have existed at all as a public law because it was Apocket vetoed@ by the Governor. Therefore, this section reverts to the way it read upon its original enactment as there were no amendments prior to or since P.L. 24-139. The main difference is to give force to the supervisory powers of the Supreme Court and to reinstate an obsolete reference to appellate power over attorney discipline. Since the latter power was given, 7 Guam Code Ann. § 9101 and § 9104 have provided for attorney discipline to be taken over fully by the Supreme Court.
1985 COMMENT: This Section gives to the Supreme Court, as permitted by the Omnibus Territories Act of 1984, the appellate power over the Superior Court. Since other laws, including 8 Guam Code Ann. Ch 130, Title 15 Guam Code Ann. and sections in this Title all provide for appeals from specific non-final judgments, orders, etc., the Law Revision Commission believed that repetition here of the local of the specific laws on appeals was unnecessary and could cause trouble if the other laws were to be amended to include new areas of appeal and this section forgotten.
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7 Guam Code Ann. CIVIL PROCEDURE
CH. 3 SUPREME COURT OF GUAM