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Simple English definitions for legal terms

in rem

Read a random definition: Engel v. Vitale (1962)

A quick definition of in rem:

In rem: A fancy Latin term that means "against a thing." It's when a court has the power to make decisions about property. This is different from when a court makes decisions about people (called in personam). The court can do this even if the owner of the property is not in the same place as the court. There are two types of in rem: true in rem, which affects everyone, and quasi in rem, which only affects certain people. For example, if someone gets hurt in someone else's house and can't find the owner, they can sue the house itself (quasi in rem) to get money for their injuries.

A more thorough explanation:

Definition: In rem is a Latin term that means "against a thing." It refers to a court's power to make decisions about property. In rem jurisdiction is one of two types of personal jurisdiction. A court can use in rem jurisdiction to make decisions about any real or personal property within its area. This means that a court can make decisions about property even if the owner is not in the court's area.

For example, if someone files a lawsuit to get a mechanic's lien on a property, they are using in rem jurisdiction. This is because a mechanic's lien requires the court to transfer ownership of the property. The court can use in rem jurisdiction to make this decision, even if the property owner is not in the court's area.

There are two types of in rem jurisdiction:

  • True in rem: This type of in rem jurisdiction is binding against the world. This means that if someone wins a true in rem lawsuit, everyone is barred from challenging the owner's title in the future. An example of a true in rem lawsuit is an action to quiet title.
  • Quasi in rem: This type of in rem jurisdiction is only binding against individual parties. An example of a quasi in rem lawsuit is if someone is injured in someone else's house and cannot get personal jurisdiction over the owner. They can file a lawsuit against the house instead. If they win, the house will be sold to pay for damages.

These examples illustrate how in rem jurisdiction works. In both cases, the court is making decisions about property instead of people. This means that the court can use in rem jurisdiction even if the property owner is not in the court's area.

in re | in terrorem clause

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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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