Definition Of In Rem Jurisdiction

In rem jurisdction is the jurisdiction of the court over the property which is the subject matter of the lawsuit or other legal action brought before it.

Definition of in rem jurisdiction. For example an action to determine whether certain property illegally imported into the united states ought to be. Information and translations of in rem jurisdiction in the most comprehensive dictionary definitions resource on the web. Jurisdiction in rem assumes the property or status is the primary object of the action rather than personal liabilities not necessarily. The legal term in rem jurisdiction refers to whether or not the court has jurisdiction over the subject matter or item that is the subject of the legal action.

In rem jurisdiction power about or against the thing is a legal term describing the power a court may exercise over property either real or personal or a status against a person over whom the court does not have in personam jurisdiction. 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. Meaning of in rem jurisdiction. In rem is a latin term meaning against or about a thing.

Generally an in rem proceeding must be commenced in the jurisdiction where the subject property is located. Legal actions such as civil lawsuits and injunctions must be heard by the court that has jurisdiction over the geographical area in which the item is located or action took place. In rem ĭn rĕm adv. Latin in against latin rem accusative of rēs thing matter in rem ɪn ˈrɛm adj law law of a judicial act directed against property rather than against a specific person.

Also known as jurisdiction over property. Within a state s physic. Information and translations of in rem jurisdiction in the most comprehensive dictionary definitions resource on the web. An in rem proceeding refers to a lawsuit or other legal action directed toward property rather than toward a particular person.

In personam personal jurisdiction is the authority over a person subject matter jurisdiction is the authority of the type of case and in rem property is the authority over property. Meaning of in rem jurisdiction. This refers to authority power a right or judgment over a territory real property or bounded space e g. In rem latin in the thing itself a lawsuit against an item of property not against a person in personam.

The presence of the subject property in the forum state usually satisfies any due process concerns for binding out of state claimants to the court s judgment. What does in rem jurisdiction mean. Legal definition for jurisdiction in rem.