in rem


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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 imported into the United States ought to be forfeited can be captioned United States v. Thirty-nine Thousand One Hundred and Fifty Cigars. 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 to collect what is owed, and they are begun for the partition of real property, foreclosure of mortgages, and the enforcement of liens. They may be directed against real or Personal Property. 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 the property are notified of the proceedings and have been given a chance to present their claim to the court.

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, and enforcement of a judgment must be upon the property and does not follow a person. "In rem" is different from "in personam," which is directed toward a particular person. (See: in personam)

in rem

‘against a thing’ (as opposed to against a person).

IN REM, remedies. This technical term is used to designate proceedings or actions instituted against the thing, in contradistinction to personal actions which are said to be in personam. Proceedings in rem include not only judgments of property as forfeited, or as prize in the admiralty, or the English exchequer, but also the decisions of other courts upon the personal status, or relations of the party, such as marriage, divorce, bastardy, settlement, or the like. 1 Greenl. Ev. Sec. 525, 541.
     2. Courts of admiralty enforce the performance of a contract by seizing into their custody the very subject of hypothecation; for in these case's the parties are not personally bound, and the proceedings are confined to the thing in specie. Bro. Civ. and Adm. Law, 98; and see 2 Gall. R. 200; 3 T. R. 269, 270.
     3. There are cases, however, where the remedy is either in personam or in rem. Seamen, for example, may proceed against the ship or cargo for their wages, and this is the most expeditious mode; or they may proceed against the master or owners. 4 Burr. 1944; 2 Bro. C. & A. Law, 396. Vide, generally, 1 Phil. Ev. 254; 1 Stark. Ev. 228; Dane's Ab. h.t.; Serg. Const. Law, 202, 203, 212.

References in periodicals archive ?
Decreased striatal dopaminergic innervation in REM sleep behavior disorder.
The precoccial mammals also show a similar decrease in REM sleep but to a considerable lesser extent (28).
In cases where a federal court cannot secure personal jurisdiction over a defendant, ACPA permits the owner of a mark to bring an in rem action against a domain name that "violates any right of the owner of a mark registered in the Patent and Trademark Office, or protected under subsection (a) or (c) of this section.
Properties having a lien-to-value ratio of 15 percent based on the taxes in arrears cannot be sold in the bulk lien sales, but can be included in the new in rem filings.
The general distinction between in rem jurisdiction and quasi-in-rem jurisdiction focuses on whether the object of the proceeding is to establish an interest as against the entire world--in which event the proceedings are considered in rem--or whether the object is to establish an interest against the claims of certain designated persons--in which event the proceedings are considered quasi-in-rem.
In a surprising development that may challenge theories of why REM sleep arose, researchers have found that the platypus, considered one of the world's most primitive mammals, spends up to 8 hours a day in REM sleep, more than six times the amount that people experience.
15) The Court concluded that for over 50 years, in rem forfeiture has been found to be a remedial sanction, distinct and different from other potentially punitive in personam civil penalties, and does not constitute a punishment under the Double Jeopardy Clause.
Many psychiatric disorders, especially mood disorders, are correlated with changes in REM sleep, and some widely used drugs affect REM sleep, so it seems to be a sensitive indicator of mental and emotional health," said first author Franz Weber, a UC Berkeley postdoctoral fellow.
While Lhota said 95 percent of all city owners pay taxes on time, of the five percent that enter into in rem agreements, 90 percent of those pay up within four years.
Abnormalities in REM onset, the amount of deep sleep and other sleep measures did not cluster in any of the three groups, Simons and Thase assert in the June JOURNAL OF CONSULTING AND CLINICAL PSYCHOLOGY.
What other city than New York City has failed to safeguard its economic viability by protecting its tax base and preventing the conditions that lead to in rem takeovers?
Less-adjusted survivors slept less and took much longer to fall asleep, but there were no differences in REM sleep among the three groups.