Home (Action in rem)
Home  
 
 
Home » Law » Action in rem


 

Action in rem

Law Action in personamActual damages

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