Legal Library

Christian Influence

The old socio-political-economic philosophy of live-and-let-live is now superseded by the benign Christian shibboleth of live-and-help others to live. Those who profess to be Christians should not adhere to Cain’s selfish affirmation

Rule of Law

A judge must apply the law as it is written, not as he or she wishes it were. – Amy Coney Barrett  Laws must come out in the open in the clear

Individual Freedom vs General Welfare

Liberty is a blessing without which life is a misery, but liberty should not be made to prevail over authority because then society will fall into anarchy. Individual rights may be subordinated so

Defamation

Defamation, which includes libel and slander, means the offense of injuring a person’s character, fame or reputation through false and malicious statements.5 It is that which tends to injure reputation or to

Class Suit

A class suit is where one or more may sue for the benefit of all (Mathay vs. Consolidated Bank and Trust) or where the representation of class interest affect by the by

Grave abuse of discretion

Grave abuse of discretion connotes judgment exercised in a capricious and whimsical manner that is tantamount to lack of jurisdiction. To be considered ‘grave,’ discretion must be exercised in a despotic manner

Actions in rem vs. in personam

In rem proceeding In personam proceeding Object of the action To bar all who might make an objection against a right, and anyone in the world has a right to be heard

Actions in personam

In actions in personam, the judgment is for or against a person directly. Jurisdiction over the parties is required in actions in personam because they seek to impose personal responsibility or liability

Proceeding quasi in rem

A proceeding quasi in rem is one brought against persons seeking to subject the property of such persons to the discharge of the claims assailed.61 In an action quasi in rem, an

Action in rem

Actions in rem are actions against the thing itself. They are binding upon the whole world.59 The phrase, “against the thing,” to describe in rem actions is a metaphor. It is not