action in remAction "against the thing" as compared to personal actions (in personam). Usually, property is involved. additurThe power of the trial court to increase the damage award made by a jury. There is no additur in federal courts.
Action in rem. An action against a thing - an inanimate object out of which satisfaction is sought. See Res, 2. Actori incumbit probatio. On the plaintiff rests the proving - the "burden of proof".
In Rem: An action in rem is one taken directly against property and has for its object the disposition of property, without reference to who owns the property.
action in personam- An action against the person, founded on personal liability, in contrast to action in rem, an action for the recovery of a specific object, usually an item of personal property such as an automobile.
"The phrases were especially apply to actions, an action in personam being the remedy where I claim against a specific person arose about of an obligation, whether (in contract) or (in tort), while an action in rem was one brought for the assertion ...
An action in rem asserts a right to a particular thing against all the world. An action in personam asserts a right only against a particular person.
See also: Court, In rem, Action, Law, Action in personam
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