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1 Guam Code Ann. § 401

Current as of: 2023 | Check for updates | Other versions

Terms Used In 1 Guam Code Ann. § 401

  • 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.
The authority and jurisdiction of the government of Guam extends to all places within its boundaries and, in certain circumstances specified in the Criminal and Correctional Code (Title 9 of this Code), to actions occurring outside of Guam’s boundaries. The jurisdiction of the territory of Guam over parties
found, acts performed and offenses committed on property owned by the United States shall be concurrent with the jurisdiction of the United States, unless the jurisdiction of Guam has been specifically excluded by an Order of the President of the United States.
SOURCE: Former Govt. Code § 101, as modified.

COMMENT: Former § 101, Government Code severely limited the jurisdiction of Guam over federal property, as was proper when it was enacted in 1950. However, with the enactment of 48 U.S.C. § 1704, and its predecessor, § 1701, Guam was given concurrent jurisdiction over federal property, subject only to an Executive Order of the President limiting that power in interests of national defense. Such an Order has not been issued.

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1 Guam Code Ann. § 401

Current as of: 2023 | Check for updates | Other versions

Terms Used In 1 Guam Code Ann. § 401

  • 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.
The authority and jurisdiction of the government of Guam extends to all places within its boundaries and, in certain circumstances specified in the Criminal and Correctional Code (Title 9 of this Code), to actions occurring outside of Guam’s boundaries. The jurisdiction of the territory of Guam over parties
found, acts performed and offenses committed on property owned by the United States shall be concurrent with the jurisdiction of the United States, unless the jurisdiction of Guam has been specifically excluded by an Order of the President of the United States.
SOURCE: Former Govt. Code § 101, as modified.

COMMENT: Former § 101, Government Code severely limited the jurisdiction of Guam over federal property, as was proper when it was enacted in 1950. However, with the enactment of 48 U.S.C. § 1704, and its predecessor, § 1701, Guam was given concurrent jurisdiction over federal property, subject only to an Executive Order of the President limiting that power in interests of national defense. Such an Order has not been issued.

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 Chapter 4 Contents