Terms Used In 7 Guam Code Ann. § 25109

  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
When the judgment or order is reversed or modified, the Supreme Court may make complete restitution of all property and rights lost by the erroneous judgment or order, so far as such restitution is consistent with protection of a purchaser of property at a sale ordered by the judgment, or had under process issued upon the judgment, on the appeal from which the proceedings were not stayed; and for relief in such cases the appellant may have his action against the respondent enforcing the judgment for the proceeds of the sale of the property, after deducting therefrom the expenses of sale. When it appeals to the Supreme Court that the appeal was made for delay, it may add to the costs such damages as may be just.
SOURCE: CCP § 949 amended by P.L. 12-85.

NOTE: This section, likewise, has been rendered null and void, at least with respect to the Supreme Court, by the Olsen decisions. But see Part 1 of this title regarding the new Supreme Court of Guam. Former § 949 reads the same as does this section, except that the former section refers to the District Court. Because of the Olsen decision, the former section, with its reference to the District Court, has been reactivated, at least until the implementation of the new Supreme Court..

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ARTICLE 2
APPEALS TO THE APPELLATE COURT

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