Title 6 — Guam Rules of Evidence
10 chapters · 147 sections in this title.
6 GCA § 5101 Indirect Evidence Classified. [Omitted]
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SOURCE: CCP § 1957. Substance Duplicated in § 2110 of this Division.
6 GCA § 5102 Inference Defined
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An inference is a deduction which the reason of the judge or jury makes from the facts proved, without an express direction of law to that effect. SOURCE: CCP § 1958, modified to reflect juries.
6 GCA § 5103 Presumption Defined
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A presumption is a deduction which the law expressly directs to be made from particular facts. SOURCE: CCP § 1959. COMMENT: The presumptions of this Chapter are not those mentioned in GRE 301. The presumptions here are those which arise upon specific direction of law.
6 GCA § 5104 When an Inference Arises
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An inference must be founded both on a fact legally proved and on such a deduction from that fact as is warranted by a consideration of the usual propensities or passions of men, the particular propensities or passions of the person whose act is in question, the course of busines…
6 GCA § 5105 When Presumptions May be Controverted
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A presumption, unless declared by law to be conclusive, may be controverted by other evidence, direct or indirect, but unless so con- COL02132012 troverted, the judges and juries are bound to find according to the presumption in all civil cases. SOURCE: CCP § 1961, as modified. C…
6 GCA § 5106 Specification of Conclusive Presumptions
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The following presumptions, and no others, are deemed conclusive: 1. A malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another; 2. The truth of the facts recited, from the recital in a written instrument between the part…
6 GCA § 5107 All Other Presumptions May be Controverted
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COL02132012 All other presumptions are satisfactory if uncontradicted. They are denominated disputable presumptions, and may be controverted by other evidence. The following are of that kind: 1. That a person is innocent of a crime or wrong; 2. That an unlawful act was done with …