7 Guam Code Ann. § 4102
Terms Used In 7 Guam Code Ann. § 4102
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) Traffic Division wherein the amount of the fine levied is more than One Hundred Fifty Dollars ($150). Such an appeal shall be taken within five (5) court days after the judgment is rendered by the Traffic Division and shall be taken by filing a written notice of appeal with the Clerk of the Superior Court. The appeal shall be a trial on the merits de novo;
(b) Small Claims Division pursuant to Article 2 of this
Chapter.
1985 SOURCE: CCP § 83 (P.L. 12-85) as modified.
1985 COMMENT: The appellate function over traffic cases is retained in the Superior Court. However, former § 83 CCP is modified to reflect the actual situation in which the traffic division does not hear cases in which imprisonment may be imposed, the nomenclature of the courts adopted by this Title and the procedure and rule-making powers, also adopted by this Title.
Former § 83 CCP was repealed by P.L. 13-187 upon adoption of the Criminal Procedure Code. Section 1.09(b) provides that a defendant in the traffic court shall have a right to appeal and obtain a trial de novo in any case. This Section adopts that, and provides for a more detailed procedure than is stated in the Criminal Procedure Code. In that Code no mention is made as to times, nor methods of appeal to the Superior Court.