20:44
@JumpySubsequentDolphin: NAURRR i need to try them on to see. ive never owned anything from them exceot maybe a tank in middle school?? but ive been a longtime lurker/windowshopper/fan
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LSDefine
Simple English definitions for legal terms
in rem
Read a random definition: quarto die post
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.