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Topic: Jurisdiction in rem

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	Jurisdiction in rem - Wikipedia, the free encyclopedia
		Jurisdiction in rem (Latin, 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".
		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 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.
	en.wikipedia.org /wiki/Jurisdiction_in_rem (287 words)

	FANDZ International Law Group \| Washington - Seattle - Israel - Russia
		It should be noted that where the Israeli court disposes of an asset within its in rem jurisdiction, the Israeli judgment may not be binding for in personam purposes on the non-participating foreign resident as to the amount of any judgment, but the disposition of the asset will not be subject to collateral attack abroad.
		One basis for such an extension of jurisdiction would be the fact that the depositary contract includes a non-exclusive Israeli choice of forum clause, although this may be a relatively weak reed if the bank is not a party in interest to the litigation.
		Rule 500 does not expressly permit extension of jurisdiction in cases of disputes over personalty as opposed to land, but good arguments can be raised in favor of extraterritorial jurisdiction where the in personam claims are proprietary in nature and relate to the res which is in dispute.
	www.fandz.com /html/Disputed_Bank_Account.htm (1465 words)

	[No title]
		The jurisdiction of this Court is invoked under 28 U.S.C. Whether the court of appeals lacked jurisdiction over an appeal from an in rem forfeiture proceeding after the res was removed from the court's territorial jurisdiction.
		The corollary to this general rule, the court said, is that "(w)here an appellant fails to file a stay of judgment or a supersedeas bond, and the res is removed from the court's territorial jurisdiction, the appellate from the court's territorial jurisdiction, the appellate court does not have in rem jurisdiction" (ibid.).
		Subjecting participants in in rem proceedings to in personam jurisdiction would mean that jurisdiction would not depend upon control of the res and that a judgment could be entered against the participants themselves.
	www.usdoj.gov /osg/briefs/1987/sg870062.txt (2960 words)

	Kessler: Turnover Orders in Civil Forfeiture Cases
		Moreover, when deciding the propriety of a federal court's jurisdiction, the court must look to the law of the state pursuant to which the property was seized and transferred to its control.
		Finding C.P.L. _690.55 to be jurisdictional in nature, the court interpreted the statute as providing the state court with exclusive in rem jurisdiction until it relinquishes its jurisdiction upon full compliance with its final disposition order regarding the seized property.
		Therefore, the district court's first dismissal for lack of in rem jurisdiction was correct, as was the order that the Mercedes be returned to the Clerk of the Circuit Court of Cook County." Id. at 243.
	www.kessleronforfeiture.com /turnover.html (2713 words)

	Jurisdiction, Cyberspace, Internet
		Now, the test of jurisdiction was not physical presence of the person or physical presence of the property within the state but rather the amorphous test of whether the exercise of jurisdiction outside the boundaries of the state offended due process rights protected by the Fourteenth Amendment.
		General jurisdiction, which gives courts plenary powers over the person and property of the nonresident as if that person were physically present in the forum state, requires that nonresident defendants have systematic and continuous contacts with the forum state.
		The court then applied the three part specific jurisdiction test: (1) the nonresident purposefully avail himself of the privilege of acting in the forum state or causing a consequence there, (2) the cause of action arises out of the nonresident's local activities and (3) the exercise of jurisdiction must be reasonable.
	www.lex2k.org /jurisdiction/introduction2.html (5112 words)

	Ference and Associates - Law Bytes (Site not responding. Last check: 2007-10-23)
		The question before this court, therefore, is whether in rem jurisdiction over defendants who are not subject to the personal jurisdiction of this court, or any other, meets the due process standards under the Constitution.
		The court considers the enactment of the Anticybersquatting Consumer Protection Act a classic case of the distinction between in rem jurisdiction and in personam jurisdiction and a proper and constitutional use of in rem jurisdiction.
		Jurisdiction in this case is solely brought on an in rem basis.
	www.ferencelaw.com /lawbytes/caesars.html (1360 words)

	Jurisdiction
		Quasi in rem jurisdiction: In quasi in rem jurisdiction, the action is begun by seizing property owned by (attachment), or a debt owed to (garnishment) the defendant, within the forum state.
		Jurisdiction based on debt, insurance or other obligation: Shaffer basically abolishes the utility of quasi in rem jurisdiction – since quasi in rem is only used where there is no personal jurisdiction, and since the same minimum contacts needed for quasi in rem will suffice for personal jurisdiction, quasi in rem will rarely be advantageous.
		General rule: Quasi in rem jurisdiction is allowed in a federal court if: (1) the law of the state in which the federal court sits permits such quasi in rem jurisdiction, and (2) P cannot obtain personal jurisdiction over D in the state through reasonable efforts.
	profj.us /jurisdiction (6380 words)

	In Rem Jurisdiction in Cyberspace
		Moreover, the comprehensiveness of this equitable jurisdiction is not to be denied or limited in the absence of a clear and valid legislative command.
		And although the demand for in rem jurisdiction undoubtedly has waned as the minimum-contacts test has broadened the basis for in personam jurisdiction, there is no indication that states are abandoning their longstanding authorization of in rem proceedings.
		Since Shaffer, numerous courts have exercised in rem jurisdiction in cases in cases when the plaintiff seeks resolution of competing claims to the property that is the subject res of the dispute.
	cyber.law.harvard.edu /property00/jurisdiction/lee.html (14153 words)

	Mattel Inc. v. Barbie-Club.com (2002)
		We affirm, holding that (1) subsection (d)(2)(A) of the ACPA provides for in rem jurisdiction only in the judicial district in which the registrar, registry, or other domain-name authority that registered or assigned the disputed domain name is located, and (2) subsection (d)(2)(C) does not provide an additional basis for in rem jurisdiction.
		Because the parties effectively agree that in rem jurisdiction is available in some judicial district within the United States, we turn to the question of whether the Southern District of New York is a proper judicial district for entertaining this in rem action.
		Noting that the in rem rules had their origin in admiralty law, where a court established its jurisdiction by seizure, the Supreme Court found that "the court must have actual or constructive control of the res when an in rem forfeiture is initiated." Id. at 87, 113 S.Ct. 554 (emphasis added); cf.
	www.law.uconn.edu /homes/swilf/ip/cases/mattel.htm (6130 words)

	Continental Biomass Industries, Inc. v. Environmental Machinery Company & a.
		Conceptually, in rem jurisdiction operates directly on the property and the court’s judgment is effective against all persons who have an interest in the property.
		The first type of quasi in rem jurisdiction is similar to in rem jurisdiction in that the dispute between the parties is over the property itself.
		In quasi in rem actions of the second type, the plaintiff’s cause of action against the defendant is personal and not related to a proprietary interest in specific property.
	www.courts.state.nh.us /supreme/opinions/2005/bioma070.htm (1721 words)

	law.com - Decision
		If a party may waive its objections to a form of jurisdiction, it follows that the conditions that create that jurisdiction cannot be necessary in every case to a court's power to hear the case, or required to exist throughout the life of the case.
		Because some objections to the existence of in rem jurisdiction itself may be waived, plainly not all of the conditions that create in rem jurisdiction must persist throughout the life of the case.
		Having thus rejected the argument that the ACPA's jurisdictional conditions must persist throughout the life of an in rem case, we have no difficulty in concluding that the British domain names objected much too late to in rem jurisdiction on the grounds of personal jurisdiction over their registrant, Holmgreen.
	www.law.com /jsp/decisionstate.jsp?id=1030343747923 (5018 words)

	CRS/LII Annotated Constitution Fourteenth Amendment
		The basis of in rem jurisdiction is the power of a State to determine title to all property, whether tangible or intangible, located within its bor[p.1717]ders.
		Heitner147 “that all assertions of state–court jurisdiction must be evaluated according to the [‘minimum contacts’] standards set forth in International Shoe”148 requires an assessment of all decided cases based upon now disavowed tests, it does not appear that the results will appreciably change for in rem jurisdiction over property.
		The Court refused to permit jurisdiction to be grounded on the contract; the contacts justifying jurisdiction must be those of the defendant engaging in purposeful activity related to the forum.
	www.law.cornell.edu /anncon/html/amdt14dfrag9_user.html (1256 words)

	Caesars World, Inc. v. Caesars-Palace.Com
		Heitner, 433 U.S. l86 (1977), in rem jurisdiction is only constitutional in those circumstances where the res provides minimum contacts sufficient for in personam jurisdiction.
		To the extent that minimum contacts are required for in rem jurisdiction under Shaffer, moreover, the fact of domain registration with Network Solutions, Inc., in Virginia supplies that.
		The court considers the enactment of the Anticybersquatting Consumer Protection Act a classic case of the distinction between in rem jurisdiction and inpersonam jurisdiction and a proper and constitutional use of in rem jurisdiction.
	pub.bna.com /ptcj/99550.htm (1320 words)

	"In Rem Jurisdiction" Defined & Explained
		The 'Lectric Law Library's Legal Lexicon On Rem is Latin for 'thing.' When a court exercises in rem jurisdiction, it exercises authority over a thing, rather than a person.
		Usually, the property must be located in the same county as the court for it to have in rem jurisdiction.
		One spouse must live in the same county as the court (therefore the marriage is in the county) for the court to exercise in rem jurisdiction over the marriage.
	www.lectlaw.com /def/i087.htm (169 words)

	Colum. Sci. & Tech. L. Rev. \| Volume 2 \| Due Process and In Rem Jurisdiction Under the ACPA
		The statute's in rem jurisdiction provisions, whereby the infringing domain name stands as the res and its situs is deemed to be the jurisdiction hosting the domain name registrar, are one of its more powerful features, enabling trademark owners to sue foreign or anonymous cybersquatters.
		However, the constitutional status of in rem jurisdiction is uncertain, as the Supreme Court has been unable to agree on the extent of contacts needed to establish in rem jurisdiction.
		By focusing on the particular manner in which the ACPA in rem jurisdiction provisions impact a cybersquatter's rights, the author argues that the ACPA in rem provisions do not run afoul of due process.
	www.columbia.edu /cu/stlr/html/volume2/grottointro.html (373 words)

	NCDivorce.com - In Rem or Quasi Rem
		Now my question is : Is "Jurisdiction in rem or quasi in rem " NC GS 1-75.8 applicable to me still.
		If you have lived in the county you are filing the divorce and ED action in for the six months immediately preceding your filing, the court will have jurisdiction over the divorce and ED.
		You should not worry about jurisdiction in rem or quasi in rem.
	www.rosen.com /messageboard/topic.asp?TOPIC_ID=1278 (261 words)

	OSCN Found Document:WELCH v. SIMMONS
		Its jurisdiction, if any, was wholly in rem, and the existence as well as the extent of such jurisdiction depended entirely on the indebtedness of the Illinois Oil Company to the defendants and whether such indebtedness was legally subject to garnishment in this action.
		It was described as a "small amount." Thus the extent to which jurisdiction in rem is asserted to have attached at the commencement of this action cannot be stated in this opinion in terms of dollars and cents.
		This is true even though jurisdiction in rem was nonexistent or improperly assumed prior to the entry of appearance.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeid=7656 (2636 words)

	Green v. Wilson, 163 NC App 186 (03-714) 03/02/2004
		If the state of Georgia has jurisdiction that may determine title to property located in North Carolina, then the trial court was correct to stay the proceedings here to await the outcome in the Georgia court, for the reasons stated by the trial court.
		The courts of the situs of lands cannot be compelled to issue their decrees to enforce the process of courts of another state, or the performance of acts required by the decrees of such courts, ancillary to the relief thereby granted, affecting such lands.
		North Carolina being the only forum with in rem jurisdiction in the case at bar, it is not a substantial injustice for the case to be tried in New Hanover County, North Carolina.
	www.aoc.state.nc.us /www/public/coa/opinions/2004/030714-1.htm (1487 words)

	[No title] (Site not responding. Last check: 2007-10-23)
		Jurisdictional statutesÜ!¯\& &ÜÎpÎthat reach across state lines are typically referred to as ÀÒÀlong—armÀÓÀ statutes.
		NeffÃÃ, physical presence within the territory of a state was sufficient for a stateÜ&À& &ÜÎKKÎto exercise jurisdiction: the presence of property could justify ÃÃin remÃÃ and ÃÃquasi in remÃÃ jurisdiction, and theÜ&—Ì& &ÜÎ¸äÎpresence of a person could justify ÃÃin personamÃÃ jurisdiction.
		A plaintiff is also deemed to haveÜÜÎPØÎconsented to jurisdiction, at least for certain purposes, in the forum in which she has filed suit.
	www.boalt.org /outlines/CivPro/CivPro2_Fletcher_1999spr-2.doc (9390 words)

	MY NOTES
		Judgement can never exceed value of property which is attached (in in rem and quasi in rem jurisdiction cases).
		Quasi in rem jurisdiction: refers to cases in which property is taken but is not the subject matter of suit, only being used to establish jurisdiction.
		Quasi in rem is the requirement that you must show the D contact is sufficient to satisfy International Shoe and not the long arm statute of the state.
	home.pon.net /jmt/law/onel/civpro/cpsept.htm (1625 words)

	Stay of Execution: In Rem
		The in rem theory relates not to the debtor's property per se, but to the in rem jurisdiction over the debtor.
		Courts have decided that in rem jurisdiction over the debtor is sufficient to declare the debtor's status as discharged from all debts.
		Although neither Hood nor the cases it cites for the proposition of "in rem" jurisdiction really talk about having "in rem" jurisdiction in a no-asset situation, the only way it seems to me that it could work is if the estate itself were the res.
	civpro.blogs.com /civil_procedure/2004/08/wheres_the_res__1.html (710 words)

	Annotated Constitution pg 1721 (Site not responding. Last check: 2007-10-23)
		Upon her death, dispute arose as to whether the property passed pursuant to the terms of the power of appointment or in accordance with the residuary clause of the will.
		Asserting the old theory that a court's in rem jurisdiction ``is limited by the extent of its power and by the coordinate authority of sister States,''
		i.e., whether the court has jurisdiction over the thing, the Court thought it clear that the trust assets that were the subject of the suit were located in Delaware and thus the Florida courts had no in rem jurisdiction.
	www.eco.freedom.org /ac92/ac92pg1721.shtml (389 words)

	[No title] (Site not responding. Last check: 2007-10-23)
		Defenses to jurisdiction: Jurisdiction challenge must be raised at 1st motion or in answer or waived.
		quasi in rem: jurisdiction based on attachment of property Property is not the subject of the lawsuit Attach or seize property but judgment is limited to value of property.
		In most jurisdictions, a P would have to post a bond from which the D would be compensated if the D prevails.
	www.boalt.org /outlines/CivPro/CivPro2_Amar_2003Fall-3.doc (6555 words)

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