Tag: Remedial Law

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…

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…

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…

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…

Is the failure to assert a right or neglect to exercise due diligence for an unreasonable length of time. Also called “estoppel by laches” is the negligence or omission to assert a…

when his relation to the cause or to the parties is such that he has an incentive to exaggerate or give false color to his statements, or to suppress or to pervert…

evidence that “indirectly proves a fact in issue through an inference which the fact-finder draws from the evidence established. Resort thereto is essential when the lack of direct testimony would result in…