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Terms Used In 7 Guam Code Ann. § 6109

  • 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.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
epealed].

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7 Guam Code Ann. CIVIL PROCEDURE
CH. 6 JUDICIAL OFFICERS, JUSTICES AND JUDGES

SOURCE: Repealed by P.L. 24-139:41. Repealed by P.L. 27-31:19.

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 P.L. 24-139. The main difference is that the power of a Supreme Court Justice to sit on the superior Court is reinstated..

1985 SOURCE: New Section.

1985 COMMENT: This service as a trial judge by justices of the Supreme Court is old, and was practiced by the early U.S. Supreme Court before appellate business became too heavy. However, it also means that the Supreme Court justice cannot hear the appeal of his own case, thus causing problems for the Supreme Court. This section should be used only in emergencies, when no other judge can be found.