7 Guam Code Ann. § 1102
Terms Used In 7 Guam Code Ann. § 1102
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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.
(b) All court proceedings pending in any court of Guam, or in the Appellate Division of the District Court of Guam, shall continue to final judgment in such court. Appeals from decisions of the Superior Court of Guam (including from the Small Claims, Traffic and Family Divisions of the Superior Court) shall be taken to the Supreme Court of Guam and in the manner prescribed by the law affecting appeals in effect at the time the appeal is taken.
1985 SOURCE: (a) – CCP §§ 3 and 8. (b) – New.
1985 COMMENT: Since the Court Reorganization Act of 1984 creates a Supreme Court of Guam, and removes all jurisdiction from the Appellate Division of the District Court, it is necessary to state clearly what effect this law will have upon pending appeals and pending cases. The Omnibus Territories Act of 1984 states that the Supreme Court Amust@ take all appeals from lower local courts after it is created. Therefore, if an appeal is taken after the Supreme Court becomes ready for business, it must be taken to the Supreme Court, even if the date of judgment in the lower court was prior to the opening of the Supreme Court.