Terms Used In 1 Guam Code Ann. § 715

  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Oath: A promise to tell the truth.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(a) Words used in this Code in the present tense include the future as well as the present;

(b) words used in the masculine gender include the feminine and neuter;

(c) the singular number includes the plural, and the plural the singular;

(d) the word person includes a corporation, firm, association, organization, partnership, business trust or company unless this Code otherwise provides;

(e) writing includes printing, typewriting and physical copy from electronic media;

(f) (1) oath includes affirmation and declaration; and

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(2) every mode of oral statement, under oath or affirmation, is embraced in the term depose;

(g) signature or subscription includes mark, when the person cannot write, his name being written near it by a person who writes his own name as a witness, provided that when a signature is by mark it must, in order that the same may be acknowledged or may serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witnesses thereto.

(h) The following words have in this Code the meaning attached to them in this Section, unless otherwise specifically provided or apparent from the context:

(1) The word property includes both real and personal property;

(2) The words real property are coextensive with lands, tenements and hereditaments;

(3) The words personal property include money, goods, chattels, things in action, and evidence of debt;

(4) The word month means a calendar month unless otherwise expressed;

(5) The word will includes codicil;

(6) The word writ signifies an order or precept in writing, issued in name of the government, or of a court or judicial officer, and the word “”process”” a writ or summons issued in the course of judicial, or quasi-judicial proceedings;

(7) The word affinity when applied to the marriage relation, signifies the connection existing in consequence of marriage, between each of the married persons and the blood relative of the other;

(8) The phrase dissolution of marriage includes divorce;

(9) Shall is mandatory and may is permissive.

(i) Section means a section of this Code unless some other statute is specifically mentioned.

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(j) Subsection means a subsection of the section in which the term is used unless some other section is specifically mentioned.

(k) Adequate Public Educational System means a system of public schools that provides an adequate public education to public school students.

(l) Adequate public education means public schools which at the minimum provide:

(1) a certified teacher for every class in a ratio established by relevant collective bargaining agreements;

(2) certified professional administrators; (3) certified guidance counselors;
(4) certified school health counselors; (5) certified allied health professionals;
(6) air conditioned or properly ventilated classrooms in which the sensible air temperature is no greater than 78°F.;

(7) potable water sufficient to provide each student a daily ration of drinking and washing water;

(8) a reliable supply of electricity;

(9) proper sanitation to include flushable toilets, clean restrooms, dining areas and classrooms;

(10) adopted and required textbooks and workbooks issued to each public school student for the classes in which he or she is enrolled;

(11) libraries, which meet the standards of the American Association of School Librarians, at each school, operated by certified librarians;
(12) a healthful, safe, sanitary learning environment; (13) at least one hundred eighty (180) instructional
days, or its equivalence, including make-up hours each school year with school years ending no later than thirty (30) days following the end of the calendared school

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year; provided, that the Guam Department of Education is exempt from the requirements of this § 715(l)(13) for School Years 2019-2020, 2020-2021, and 2021-2022.

(14) regular, timely school bus transportation to and from the school for his attendance area as established by 17
GCA § 6102 for every child in accordance with policies
adopted by the Education Policy Board.

(m) In item (l), above, ‘certified’ means that a person holds at least the first level of professional certificate issued in accordance with standards at least as stringent as those in place on the day this Section is effective, for the position he or she holds.

(n) Public school means a facility established, maintained or operated pursuant to §29 (b) of the Organic Act, as amended.

(o) Public school student means a child who is required to attend school by Section 1421b (r) of the Organic Act or 17 Guam Code Ann.
§ 6102 who is enrolled in a public school and has not been
expelled.

SOURCE: Former Code of Civil Procedure § 17; Civil Code § 17 and Government Code §§ 8, 10, 11, 12, 13, 14, 15, 16 and 18; updated to refer to various forms of electronic printing and computer output. Note that subdivision (Govt. Code § 10) is not used here, as this term is used differently in the Guam Code Annotated than in the Government Code. Subsections 11, 12, 13, 14 and 15 added by P.L. 28-045:4, codified as subsections (k), (l), (m), (n), (o), and (p). P.L. 33-031 (June 3, 2015) added subsection (12)(m), codified as (l)(13) by the Compiler. Subsection (l)(13) amended by P.L. 34-105:2 (June 18, 2018), P.L. 35-077:2 (Mar. 20, 2020), P.L. 35-084:2 (Apr. 28, 2020), and P.L. 36-095:2 (May 13, 2022).

2018 NOTE: Subsection/subitem designations were altered/added pursuant to 1 Guam Code Ann. § 1606.

2015 NOTE: Subsection designations were altered to adhere to the
Compiler’s alpha-numeric scheme pursuant to 1 Guam Code Ann. § 1606.