Terms Used In 10 Guam Code Ann. § 76111

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
(a) Upon timely application, any person whose interests may be adversely affected by a release or threatened from a UST system shall be allowed to intervene as a right in any civil action when the applicant claims an interest relating to the property or transaction which is subject of the action, and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant’s ability to protect that interest.

(b) Any person may maintain an action for declaratory and equitable relief to restrain any violation of this Chapter. On a prima facia showing of a violation of this Chapter, a preliminary injunction shall be issued to restrain any further violation of this Chapter. No bond is required for an action under this Subsection.