Jurisdiction in rem
- Jurisdiction in rem
Jurisdiction "in rem" (
Latin , "power about or against "the thing") is a legal term describing the power acourt may exercise over property (either real or personal) or a "status" against a person over whom the court does not have "in personam jurisdiction ". Jurisdiction in rem assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property ("quasi in rem jurisdiction ").Within the US federal court system, jurisdiction in rem typically refers to the power a federal court may exercise over large items of moveable property, or real property, located within the court's jurisdiction. The most frequent circumstance in which this occurs in the Anglo-American legal system is when a suit is brought in
admiralty law against a vessel to satisfy debts arising from the operation or use of the vessel. However, it can involve other things, such asMargaret Sanger 'sJapan ese pessaries in "United States v. One Package of Japanese Pessaries ", an important case in United States reproductive andobscenity law . Another example of jurisdiction in rem was the "United States v. Forty Barrels and Twenty Kegs of Coca-Cola ".Within the US state court system, jurisdiction in rem may refer to the power the state court may exercise over real property or personal property or a person's
marital status . State courts have the power to determine legal ownership of any real or personal property within the state's boundaries.A right "in rem" or a judgment "in rem" binds the world as opposed to rights and judgments "
inter partes " which only bind those involved in their creation.Originally, the notion of "in rem" jurisdiction arose in situations in which property was identified but the owner was unknown. Courts fell into the practice of styling a case not as "John Doe, Unknown owner of (Property)", but as just "Ex Parte (property)" or perhaps the awkward "State v. (Property)", usually followed by a notice by publication seeking claimants to title to the property. This last style is awkward because in law, only a person may be a party to a judicial proceeding, and a non-person would at least have to have a guardian appointed to represent its interests, or the interests of the unknown owner.
The use of this kind of jurisdiction in
asset forfeiture cases is troublesome because it has been increasingly used in situations where the party in possession is known, which by historical common law standards would make him the presumptive owner, and yet the prosecution and court presumes he is not the owner and proceeds accordingly. This kind of process has been used to seize large sums of cash from persons who are presumed to have obtained the money unlawfully because of the large amount, often in situations where the person could prove he was in lawful possession of it, but was forced to spend more on legal fees to do so than the amount of money forfeited.Fact|date=December 2007
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In rem — is Latin for in a thing . In a lawsuit, an action in rem is directed towards some specific piece of property, rather than being a claim for, say, monetary compensation against a person (which is an in personam or personal action). It focuses on… … Wikipedia
in rem — adverb or adjective Etymology: Late Latin Date: 1761 against a thing (as a right, status, or property) used especially of legal actions, judgments, or jurisdiction; compare in personam … New Collegiate Dictionary
In personam — (in purr soh nam) from Latin for directed toward a particular person. In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction to try the case, and the … Wikipedia
in personam — adverb or adjective Etymology: Late Latin, against a person Date: 1771 against a person for the purpose of imposing a liability or obligation used especially of legal actions, judgments, or jurisdiction; compare in rem … New Collegiate Dictionary
Jurisdiction — In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak ) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and,… … Wikipedia
Quasi in rem jurisdiction — Quasi in rem (Latin, as if against a thing ) is a legal term referring to a legal action based on property rights of a person absent from the jurisdiction.A quasi in rem action is commonly used when jurisdiction over the defendant is unobtainable … Wikipedia
Personal jurisdiction (United States) — Personal jurisdiction in United States law refers to a court s power over a particular defendant ( in personam jurisdiction) or an item of property ( in rem jurisdiction). If a court does not have personal jurisdiction over a defendant or… … Wikipedia
Diversity jurisdiction — United States Federal Civil Procedure Doctrines Justiciability Advisory … Wikipedia
Bankruptcy in the United States — The United States Constitution (Article 1, Section 8, Clause 4) authorizes Congress to enact uniform Laws on the subject of Bankruptcies throughout the United States. Congress has exercised this authority several times since 1801, most recently… … Wikipedia
Actio de in rem verso — is a legal term meaning enrichment without cause. Its origin lies in the Roman Corpus Juris Civilis and French Code Napoleon. The five criteria of such a claim are:#There was an actual enrichment. #There was an impoverishment. #There is a… … Wikipedia