Terms Used In 5 Guam Code Ann. § 6108

  • 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.
  • 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.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
is Chapter shall apply to all pending litigation in the courts of Guam, or which are on appeal, which were commenced without first filing an administrative claim as would be required by this Chapter had it applied at the time the suit was filed. If such pending litigation was timely filed under the laws existing at the time of filing, the plaintiffs may, notwithstanding § 6106 of this Chapter, file a claim under this Chapter, but such claims shall not be filed later than June 30, 1984, or not later than six months after the effective date of this Chapter, whichever is later.

SOURCE: Added by P.L. 17-029 (Nov. 9, 1983) as GC § 6500.07. Codified as 5 Guam Code Ann. § 6107.

1986 NOTE: According to the Compiler’s Notes, this section was added by the Legislature after the Second Reading of the bill.

The purpose of this section is to take all suits then filed against the various autonomous agencies out of the courts, no matter where in the process they were, and restart them in the manner prescribed by this Chapter. There was considerable opinion in the Legislature at the time of passage that the court opinions declaring that no sovereign immunity existed in the affected autonomous agencies was wrong, and should not be allowed to continue. This section deprives the courts of jurisdiction in those pending cases, mostly against the Guam Memorial Hospital Authority, but permits the claims to go forward under this Chapter.

———-

ARTICLE 2
PROCEDURE FOR FILING CLAIMS AND ACTIONS

  Previous section
Next section  
 Chapter 6 Contents