The
4,

involving construction or validity :
any law of the United States, or of ar
law or regulation of the Territory, «
any written enactment intended
have the force of law of any offici:
board, or body in the Territory.

High Court is the highest

judicial authority in the Territory. It

has Appeilate and Trial Divisions. The
Appellate Division, for a particular
case, regularly consists of three (although two form a quorum) of the
High Court judges assigned by the
Chief Justice. The concurrence of two
judges is necessary to decide any
appeal. A judge who hearsa case in the
Trial Division is disqualified to sit on
that case in the Appellate Division.
The Trial Division sits regularly,
presided over by a single judge on a
circuit-riding basis in the different dis-

+ ee a

tricts. In murder cases, however, he

must be assisted by two of the special
judges for the district where thetrial is
to be held. These special judges are
appointed by the High Commissioner
and at present are all also district court
judges. In hearing a murder case at a
non-jury trial, the special judges cast
equal votes with the presiding judge in

deciding, by majority vote, questions
of fact and sentence. In a jury trial,

however, the special judges vote only

on the question of sentence, with the
presiding judge deciding all questions
of law involved in the trial and the
outcome of the case.
The Appellate Division of the High

Court has jurisdiction to review, on

appeal, the decisions of the Trial Division of the High Court in the following instances:

The Appellate Division of the Hig
Court mayalso, in its discretion and 1

certain cases, review on appeal de
cisions directly from a district o
community court.

The

Trial

jurisdiction

in

Division
all

has

cases,

originz

civil

an

criminal, including probate, admiralt:
and maritime matters and the adju
dication of title to land or any interes’
therein. It also has jurisdiction tc
review on appeal decisions of th
district courts and to review on the
record final decisions of the distric
courts and community courts fo:
which no appeal is made.

Three sittings of the Appellat«
Division were held during the year—
one

each

on

Koror,

Majuro,

anc

(1) All cases tried originally in the
High Court.

Guam. As far as practicable, oral
arguments, if not waived, are heard in
the district from which the appeal!
came.

(2) All cases decided by the High
Court on appeal from a district court,

Sittings of the Trial Division were
held as follows:

District
Marianas
te sere es

(3) All cases decided by the Hig
Court on review of the record of
district or community court decisio
in which the High Court has reverse
or modified the decision so as to affec
the substantial rights of the appellan-

Number ofSittings
4

Location

Justice

Saipan

Chief Justice
Temporary Judge
Associate Justice, Koror

28

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Part V—Political Advancement

~ores ri bs a a es raci & . on re es reer

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