In Rem Judgment - Law Dictionary Search Results
Home Dictionary Name: in rem judgmentin rem judgment
in rem judgment see judgment ...
Rem, Judgment in
Rem, Judgment in, is an adjudication pronounced upon the status of some particular subject-matter by a tribunal having competent jurisdiction and concluding all persons (not merely the parties to the proceedings) from saying that the status of the thing adjudicated upon was not such as declared by the adjudication, Rex. v. Hartington, 4 E&B 780; and see Castrique v. Imrie, 8 CBNS (1) 405 and LR 4 HL 414. Where a Court rei sit' has control over the thing and jurisdiction to decide as to its dis-position, the adjudication is conclusive against the world, see opinion of judges, per Blackburn J., in the House of Lords, supra. The chief instances are in the Admiralty Courts; foreign judgments, declar-ing status of a ship; or in the matrimonial causes, etc.; grants of probate or administration; con-demnation of goods by a competent tribunal, Geyer v. Aquilar, 7 TR 696; and as to highways, Wakefield Corporation v. Cooke, 1904 AC 31. See The Duchess of Kingston's case, and notes thereto, 2 Sm....
judgment
judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any order from which an appeal lies. cog·no·vit judgment [kÄ g-nō-vit-] : an acknowledgment by a debtor of the existence of a debt with agreement that an adverse judgment may be entered without notice or a hearing : confession of judgment consent judgment : a judgment approved and entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at per...
Judgment in rem
Judgment in rem, a judgment in rem is one which declares, defines or otherwise determines the jural relation of a person or thing to the world generally, Satrucharla Vijayarama Raju v. Nirmaka Jaya Raju, (2006) 1 SCC 212.Means a judgment that determines the status or condition of property and that operates directly on the property itself. Also termed in rem judgment, Black's Law Dictionary, 7th Edn., p. 847.Judgment in rem is one which declares, defines or otherwise determines the jural relationship of a person or thing to the world generally, Satrucharla Vijaya Rama Raju v. Nirmaka Jaya Raju, 2006 1 SCC 212....
judgment in rem
judgment in rem see judgment ...
In rem
In rem. Civil actions are divided into actions in rem and actions in personam. A judgment in rem is a judgment pronounced on the status of some particular subject-matter. Such are actions for the condemnation of a ship in the Court of Admiralty; suits for nullity of marriage, etc. See INPERSO-NAM; ADMIRALTY; ss. 22 & 23 Judic. Act, 1925....
Estoppel
Estoppel, a conclusive admission, which cannot be denied. It is of three kinds:-(1) By matter of record, which imports such absolute and incontrovertible verity, that no person against whom it is producible shall be permitted to aver against it. A record concludes the parties thereto, and their privies, whether in blood, in law, or by estate, upon the point adjudged, but not upon any matter collateral or adjudged by inference, A judgment in an action in rem is absolutely binding upon all the world.A conviction on the same facts is no estoppel in a civil action because the parties are not the same, Palace Shipping Co. v. Caine, 1907 AC 386.(2) By deed. No person can be allowed to dispute his own solemn deed, which is therefore conclusive against him, and those claiming under him, even as to the facts recited in it. The general rule is that an indenture estops all who are parties to it, while a deed-poll only estops the party who executesit, since it is his sole language and act, Shep. T...
jurisdiction
jurisdiction [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1 : the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) [to be removed to the State having of the crime "U.S. Constitution art. IV"] [a court of competent ] see also situs International Shoe Co. v. Washington in the Important Cases section compare venue NOTE: Jurisdiction determines which court system should properly adjudicate a case. Questions of jurisdiction also arise regarding quasi-judicial bodies (as administrative agencies) in their decision-making capacities. ancillary jurisdiction : jurisdiction giving a court the power to adjudicate claims (as counterclaims and cross-claims) because they arise from a cause of action over which the court has original jurisdiction ;specif : supplemental jurisdiction acquired by a federal court allowing it to adjudicate claims that are based on state law but that form part of a case...
sequestration
sequestration 1 : the act of sequestering : the state of being sequestered 2 a : a writ authorizing an official (as a sheriff) to take into custody the property of a defendant usually to enforce a court order, to exercise quasi in rem jurisdiction, or to preserve the property until judgment is rendered b in the civil law of Louisiana : a deposit in which a neutral person agrees to hold property in dispute and to restore it to the party to whom it is determined to belong 3 : the cancellation of funds for expenditure or obligation in order to enforce federal budget limitations set by law ...
Action
Action, conduct, something done; also the form prescribed by Law for the recovery of one's due, or the lawful demand of one's right. Bracton (Bk. 3, cap. 1) defines it:-Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur.-(An action is nothing else than the right of suing in a court of justice for that which is due to some one.) Actions are divided into criminal and civil: criminal actions are more properly called prosecutions, and perhaps actions penal, to recover some penalty under statute, are properly criminal actions. There were formerly three classes of actions in England: personal actions, in which the plaintiff sought to recover a debt or damages from the defendant; real actions, in which he sought to establish his title to land or other hereditaments; mixed actions, in which he sought only to establish his right to possession of land. All forms of action are now abolished, but there still inevitably remains the distinction between actions in personam brou...
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