What does in rem mean in law?
against a thing
From Latin, “against a thing.” Concerning the status of a particular piece of property. For instance, in-rem jurisdiction refers to the power of a court over an item of real or personal property. In-rem jurisdiction is based on the location of the property and enforcement follows property rather than person.
What does property in rem mean?
[Latin, In the thing itself.] A lawsuit against an item of property, not against a person (in personam). An action in rem is a proceeding that takes no notice of the owner of the property but determines rights in the property that are conclusive against all the world.
What is an in rem proceeding?
In an in rem action, which is an action brought directly against a property interest, a state can validly proceed to settle controversies with regard to rights or claims against tangible or intangible property within its borders, notwithstanding that jurisdiction over the defendant was never established.965 Unlike …
What does in rem mean in English?
Related Content. A Latin term meaning “against a thing.” An in rem proceeding adjudicates the rights to a particular piece of property for every potential rights holder, even potential rights holders who are not named in the lawsuit.
What is an example of in rem jurisdiction?
Rem is Latin for ‘thing. ‘ When a court exercises in rem jurisdiction, it exercises authority over a thing, rather than a person. For example, if a divorcing couple asks a court to supervise the sale of their family home, the court exercises in rem jurisdiction over the house.
What does in rem judgment mean?
adjudication
A judgment in rem is an adjudication, pronounced upon the status of some particular subject-matter, by a tribunal having competent authority for that purpose.
Does quasi in rem still exist?
The concept of quasi in rem jurisdiction has become all but obsolete. It is no longer acceptable for a state court to gain personal jurisdiction over a defendant merely because the defendant owns property in the state. In Shaffer v.
Does in rem jurisdiction still exist?
An action in rem does not necessarily result in a judgment in rem as the owner of the ship may enter a personal appearance and thus submit to the jurisdiction of the court. The court cannot acquire jurisdiction by consent of the parties if there is an absolute absence of jurisdiction in respect of the subject-matter.
What is the difference between in rem and quasi in rem?
What is the difference between REM and Quasi in REM? REM refers to an action against a property, which seeks to determine the ownership of or rights to that property. Quasi in REM involves a situation where the defendant’s property is seized to satisfy the plaintiff’s claim.
Which is the best definition of in rem?
Also found in: Dictionary, Financial, Wikipedia. In Rem. [Latin, In the thing itself.] A lawsuit against an item of property, not against a person (in personam). An action in rem is a proceeding that takes no notice of the owner of the property but determines rights in the property that are conclusive against all the world.
What is the legal definition of in rem suam?
IN REM SUAM. in rem suam (in rem s [y]oo- [schwa]m). [Latin] Hist. Regarding one’s own property; for one’s own advantage.
What’s the meaning of a lawsuit in rem?
In Rem [Latin, In the thing itself.] A lawsuit against an item of property, not against a person (in personam). An action in rem is a proceeding that takes no notice of the owner of the property but determines rights in the property that are conclusive against all the world.
Where does the term action in rem come from?
The term action in rem originates in Roman law. Basically, action in rem is a type of lawsuit brought against a piece of property itself instead of the owner of a property. For instance, a party could bring an action in rem case against a ship or its cargo instead of the owner of the vessel.