Terms Used In 1 Guam Code Ann. § 700

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Unless a different intent appears in law, or in applicable court decisions, or in this Code, the common law rules of construction

1 Guam Code Ann. GENERAL PROVISIONS
CH. 7 CONSTRUCTION OF THIS CODE

shall apply to the interpretation of this Code and to all other laws of Guam; provided, that, common law rules that statutes in derogation of the common law, and penal statutes shall be strictly construed shall not apply.

SOURCE: New Section. Compare Code of Civil Procedure § 4, Civil
Code § 4, 9 Guam Code Ann. § 1.20 and 8 Guam Code Ann. § 1.07; former Penal Code §§ 4, 5.

COMMENT: It is recognized that the laws of Guam cannot contain all of the rules of construction that will be used in their interpretation. Neither have the courts ruled upon all questions of interpretation. Thus, some additional provision must be found and, based upon prior practice in Guam, can be found in the common law rules of interpretation. However, consistent with § 101 of this Title, this Section does not adopt substantive common law, and rejects the rule, as have the Codes of Guam, that laws in derogation of the common law should be strictly construed. Such treatises as Sutherland, Statutes and Statutory Construction, 1972 ed. (or current edition), with supplements, are intended to be a guide to interpreting the laws of Guam under this Section.