7 Guam Code Ann. § 3108
Terms Used In 7 Guam Code Ann. § 3108
- 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.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- 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.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Quorum: The number of legislators that must be present to do business.
(b) Interlocutory review. Orders other than final judgments shall be available to immediate appellate review as provided by law and in other cases only at the discretion of the Supreme Court where it determines that resolution of the questions of law on which the order is based will:
(1) Materially advance the termination of the litigation or clarify further proceedings therein;
(2) Protect a party from substantial and irreparable injury; or
(3) Clarify issues of general importance in the administration of justice.
(c) Concurrence. (1) Quorum and determination of a cause. A majority of the number of Justices authorized to constitute a panel as provided by the Rules of the Supreme Court shall constitute a quorum for the purposes of hearing and deciding an appeal or a matter of original jurisdiction. A decision shall be determined by a majority vote of a panel. In the event that a panel is evenly divided on an appeal, the decision appealed from is sustained.
(2) Actions by Chief Justice alone; writs by individual Justices. The Chief Justice alone, or an Associate Justice sitting in his or her place, may make any appropriate order with respect to an appeal or dismiss an appeal for want of jurisdiction or failure to take or prosecute an appeal in accordance with applicable law or rules of procedure. Each of the Justices shall have the power to issue writs of habeas corpus upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or herself or before the Supreme Court or before the Superior Court or before any Judge thereof on behalf of any person held in custody.
1985 SOURCE: CCP § 63, as amended by P.L. 12-85. Subsection (b) — § 134 CCP. Subsection (c) — CCP § 165 (before enactment of P.L. 12-85), modified. Second paragraph of CCP § 62.
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7 Guam Code Ann. CIVIL PROCEDURE
CH. 3 SUPREME COURT OF GUAM