Simple English definitions for legal terms
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Quasi in rem is a type of legal action where a court can only affect a named defendant's interest in a specific piece of property. There are two types of quasi in rem actions: subtype 1, where a plaintiff can sue to enforce a pre-existing interest in the named property, and subtype 2, where a plaintiff can sue to apply the named property to satisfy their claim against the property's owner, even if the claim is unrelated to the property. The outcome of a quasi in rem case only affects the plaintiff's claim against the named property and does not affect their future claims against other properties or the property's actual owner. Courts may not exercise quasi in rem subtype 2 jurisdiction where it would be unreasonable to do so.
Quasi in rem is a type of legal action where a court can only affect a named defendant's interest in a specific named piece of property. There are two types of quasi in rem actions:
In this type of action, a plaintiff may sue to enforce a pre-existing interest in the named property. For example, a lender might use a quasi in rem subtype 1 action to foreclose a mortgage.
In this type of action, a plaintiff may sue to apply the named property to satisfy his or her claim against the property's owner, where the plaintiff's claim is unrelated to the property. This type of action is technically against the named property, not the property's owner. Thus, the outcome of the case is final regarding the plaintiff's claim against the named property and does not affect the plaintiff's future claim against other pieces of property or the property's actual owner. For example, an American plaintiff injured by a reckless driver while vacationing in a foreign country might use a quasi in rem subtype 2 to recover from the driver if American courts could not obtain personal jurisdiction over him.
It is important to note that courts may not exercise quasi in rem subtype 2 jurisdiction where it would be unreasonable to do so.
Overall, quasi in rem actions have similarities with both in rem and in personam actions. As is the case with in rem actions, a court may hear a quasi in rem action if the named property is within the court's jurisdiction, even if the court does not have the power to exercise in personam jurisdiction over the defendant. However, a court acting quasi in rem may only affect the interests of a single, named defendant, as is the case in an in personam action.
Examples of quasi in rem actions include a plaintiff suing to foreclose a mortgage on a specific property (quasi in rem subtype 1) or a plaintiff suing to recover damages from a reckless driver by applying the value of the driver's property to satisfy the plaintiff's claim (quasi in rem subtype 2).
These examples illustrate how quasi in rem actions are limited to affecting a named defendant's interest in a specific named piece of property, rather than the defendant's overall assets or personal liability.
quasi contract (or quasi-contract) | Quasi-community property