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Tag: What is in rem judgment

what does in rem mean in law

what does in rem mean in law插图

Against or about a thing

What does the legal term REM mean?

This kind of lawsuit is called a lawsuit “ in rem .” The phrase in rem is one of many Latin phrases that has made its way into the common lexicon of legal phrases. It is translated as “in a thing,” and means that the court is treating the property itself as the defendant.

What is in rem jurisdiction?

In rem jurisdiction is the authority of a court over real or personal property. An in rem lawsuit has to do with property and not an individual person. The question is which court has jurisdiction over the property. In rem jurisdiction looks to the geographical location where an item is located or where an event took place.

What is in rem judgment?

judgment in rem – a judgment pronounced on the status of some particular subject or property or thing (as opposed to one pronounced on persons) judgement in rem judicial decision, judgment, judgement – (law) the determination by a court of competent jurisdiction on matters submitted to it

What does REM only mean?

What does legal term in rem only mean? [Latin, In the thing itself.] A lawsuit against an item of property, not against a person (in personam). In rem actions are permitted only when the court has control of the property or where its authority extends to cover it. ….

What is the sleep structure associated with nocturnal intermittent hypoxemia?

It is associated with nocturnal intermittent hypoxemia and with an altered sleep structure that is characterized by a sleep fragmentation, an increase in light NREM sleep, a decrease in REM sleep, and an even more marked decrease in slow wave sleep [1].

What is the object of a rem lawsuit?

The object of the lawsuit is to determine the disposition of the property, regardless of who the owner is or who else might have an interest in it. Interested parties might appear and make out a case one way or another, but the action is in rem, against the things. In rem lawsuits can be brought against the property of debtors in order …

What is a 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. For example, an action to determine whether certain property illegally …

What is the difference between "in rem" and "in personam"?

"In rem" is different from "in personam," which is directed toward a particular person. (See: in personam)

What does "in rem" mean?

in rem. adj. from the Latin "against or about a thing," referring to a lawsuit or other legal action directed toward property, rather than toward a particular person. Thus, if title to property is the issue, the action is "in rem.". The term is important since the location of the property determines which court has jurisdiction, …

When is in rem action allowed?

In rem actions are permitted only when the court has control of the property or where its authority extends to cover it. For example, the courts in Kansas may determine rights to a farm in Kansas, but not the ownership of a cannery in Texas. The in rem jurisdiction of a court may be exercised only after parties who are known to have an interest in …

Is it hard to distinguish REM sleep from brief awakening?

Neuroscientist Niels Rattenborg of the Max Planck Institute for Ornithology in Seewiesen, Germany, points out that eye movements and limb twitching in REM sleep can also be hard to distinguish from brief awakenings.

What is an in rem judgment?

An in rem legal action does not pertain to any owner of the property over which judgment is made, but pertains to the disposition or rights over the specific property that will apply to everyone from that point forward.

What is rem jurisdiction?

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. 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 …

What is substantive due process?

Substantive Due Process – Because in rem jurisdiction is often exercised over property in which the government has an interest, the court must protect potential claim to the property by individuals. This means claimants are not required to have a contract or other written proof to bring their claim.

What is quiet title?

Quiet Title – a court proceeding held to establish right of ownership of real property, or personal property that has a title. Real Property – land and property attached or fixed directly to the land, including buildings and structures. Personal Property – any item that is moveable and not fixed to real property.

What is an in rem proceeding?

An in rem proceeding could be held in which the court decides whether the cats should be shipped back to their home country, or whether other action should be taken. The court’s judgment in this case applies only to the cats themselves, and has no bearing on the individuals responsible for bringing them into the country.

What is the power of a court to decide the ownership of a property?

A court has the power to decide legal ownership of any personal or real property within its geographical boundaries. This type of in rem action originally came up in cases where property existed with no identifiable owner. In this case, notice would be published seeking anyone claiming ownership of the property.

What happens if you don’t prove ownership of a property?

In the event no one came forward, or the person could not prove ownership, the court would decide who should be given ownership of, or control over, the property . For example, Sandra finds a valuable diamond ring on the subway. After following certain procedures, including publication seeking the ring’s owner, an in rem hearing may be held …

What is a REM action?

In rem actions are different from typical two-party actions, known as in personam actions. In personam cases proceed by trial, with each side providing testimony and, often, presenting witnesses. Obviously, property cannot testify on its own behalf. In rem cases are thus usually quicker, with the court considering all facts and issuing a binding judgment. The judgment can order title transferred, place a lien or force a sale, order a dissolution of marriage or, in the case of a domain name, order cancellation.

What is an in rem lawsuit?

Most in rem actions are against property. This kind of property lawsuit is common when a title is in dispute, for instance, or if a property is somehow deemed hazardous or has caused injury. A court can decide to proceed against the property as if it were a party. Such a case would be named something like “Jane Doe v. 123 Main Street,” where 123 Main Street is the property in dispute.

What does "in rem" mean?

It is translated as “in a thing,” and means that the court is treating the property itself as the defendant. The availability of in rem actions depends on jurisdiction, but most of the time requires a showing that the property owner cannot reasonably be located, and that the plaintiff stands to suffer injury unless the court goes ahead and rends a judgment anyway.

What is the universal requirement for a lawsuit?

One of the universal requirements of a lawsuit is a dispute between at least two parties. Different jurisdictions have different requirements for the circumstances of how lawsuits must be brought, but lawsuits everywhere are between feuding parties. Most of the time these parties are people or businesses. Sometimes, one party is a thing: a piece of property, like land, or an intangible entity like a marriage. When property owners cannot be located, a party can file a suit against the property itself. This kind of lawsuit is called a lawsuit “ in rem .”

Can a domain name be a defendant?

Some inanimate objects like a marriage can qualify, usually when one spouse wants a divorce or dissolution and the other is completely out of contact. Increasingly, too, domain names are named as defendants. Domain names are Internet addresses, and are the pages on which websites are located.

What is an in rem?

In rem. 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. For example, a plaintiff may bring an in rem action to conclusively determine ownership rights over a parcel of land. …

Where is an in rem proceeding commenced?

Generally, an in rem proceeding must be commenced in the jurisdiction where the subject property is located . 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.

Does notice of a suit have to be given to all individuals?

However, notice of the suit still must be given to all individuals known to have interests therein . A judgment in an in rem proceeding is limited to the property that supports the court’s jurisdiction.

Why do you use action in rem?

Other reasons for using action in rem include: Partitioning real property. Foreclosing on a mortgage. Enforcing a lien. A court can only allow action in rem if the court’s jurisdiction covers the property or if it has direct authority.

What happens if someone has a lien on a ship?

If someone has a lien against a ship, or the cargo inside of the ship, the vessel can be arrested to enforce the lien. The court in the district where the vessel was arrested will have jurisdiction over the case. Remember, before an action in rem can be initiated, there must be a maritime lien in place.

What is the purpose of an alert to a REM action?

Before the court can exercise its jurisdiction, all parties that have a property interest should receive an alert to the action in rem proceedings so that they have the opportunity to make a claim.

What is a breach of maritime contract?

Typically, a breach of maritime contract creates a lien, and the most effective solution for enforcing this lien is using action in rem. There are several different types of claims that may be subject to action in rem: Claims involving ship materials, repairs, and/or supplies. General average claims.

What is an action in personam?

An action in personam would be a case brought against the owner of the property. Action in rem can be very effective when someone has a legitimate claim against a piece of property.

Which court has jurisdiction in Admiralty?

Federal courts in the United States generally have jurisdiction in matters of admiralty. A district court will only have jurisdiction for an action in rem case if the property in question is physically located within the court’s territory upon initiation of the action.

What are the different types of claims?

There are several different types of claims that may be subject to action in rem: 1 Claims involving ship materials, repairs, and/or supplies. 2 General average claims. 3 Claims for seaman’s wages. 4 Salvage claims. 5 Claims related to maritime tort, including personal injuries.

What does the term “In Rem Only” mean regarding an ad valorem tax case?

The property in question was once owned by a distant uncle of my mother. The man passed away about 25 years ago and my mother received a small monetary inheritance. My mother also passed away in 1992. These papers state that “Plaintiff (s) do not seek any monetary relief or personal judgment against any defendant identified as “In Rem Only”. Am I responsible for any back taxes?

What does "in rem only" mean?

In rem means that the claim is against the property and not you personally. That is why the statement you quoted, "Plaintiff (s) do not seek any monetary relief or personal judgment against any defendant idenfied as ‘In Rem Only’" was included. That statement is a definition of In Rem.

Can you be personally responsible for back taxes?

Since the statement says that monetary relief or personal judgment is not being sought, you should not be personally responsible for the back taxes; however, a lien against the property or other form of enforcement if a judgment is obtained against the property would be the remedy the plaintiff is seeking.

Can laws change from state to state?

Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney’s conclusion.

What is the difference between a right in personam and a right in rem?

Jus in Rem is a right in respect of a thing, and Jus in Personam is a right against or in respect of a person , according to its literal meaning. A Right in Rem presupposes a duty to recognise the right imposed on all people in general. In contrast, a Right in Personam presupposes a duty imposed on a specific person or class of persons.

What is an established claim in a personam action?

Plaintiff’s established claim is the full amount of the defendant’s liability in personam action. An acknowledgement of service in a real estate auction can also lead to full liability, even when the judgement exceeds the property value or bail provided.

What is the opposite of right in personam?

Right in Personam is the polar opposite of Right in Rem. Right in Personam confers legal rights on a single person or party to a contract. It usually corresponds to a responsibility placed on the mentioned person or group.

What is privilege in Austin?

Austin: An individual’s privilege is a prerogative granted by a specific statute and used against another person or persons. (Prerogative means a right or privilege exclusive to a particular individual or class.)

What is legal right in Holland?

Holland: A legal right is the capacity a person possesses to govern the activities of others with the approval and aid of the state.

Is the defendant liable for the entire amount of the plaintiff’s substantiated claim?

Or, in other words, in an admiralty suit in personam, the defendant is liable for the entire amount of the plaintiff’s substantiated claim. Similarly, even if the amount of the judgement exceeds the value of the res (thing), a defendant recognising service in an action in rem risks being held fully accountable.

Is the right to be alone a negative right?

As a result, we refer to this type of right as a negative one. For the simple reason that it provides everyone with the right to be alone. This means that no one else has the right to meddle with the right (s) of a person. These are rights residing in individuals and can be availed against the other parties.