Quasi in rem jurisdiction

Quasi in rem (Latin, "as if against a thing") is a legal term referring to a legal action based on property rights of a person absent from the jurisdiction.

A quasi in rem action is commonly used when jurisdiction over the defendant is unobtainable due to his/her absence from the state. Any judgment will affect only the property seized, as "in personam" jurisdiction is unobtainable.cite book|last=Yeazell|first=Stephen|title=Civil Procedure|publisher=Aspen Publishers|location=Frederick, MD|date=2008|edition=7th Ed.|pages=p. 85|isbn=9780735569256]

Of note, in a "quasi in rem" case the court may lack personal jurisdiction over the defendant, but it has jurisdiction over the defendant's property. The property could be seized to obtain a claim against the defendant. A judgment based on "quasi in rem" jurisdiction generally affects rights to the property only between the persons involved and does not "bind the entire world" as does a judgment based on "jurisdiction in rem".

The claim does not have to be related to the property seized, but the person must have minimum contacts with the forum state in order for jurisdiction to be proper.

For example, see "Pennoyer v. Neff", 95 U.S. 714 (1877)

ee also

*Jurisdiction in rem

References


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Look at other dictionaries:

  • quasi in rem jurisdiction — see jurisdiction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. quasi in rem jurisdiction …   Law dictionary

  • quasi in rem jurisdiction — /kweysay in rem0/ Type of jurisdiction of a court based on a person s interest in property within the jurisdiction of the court. Refers to proceedings that are brought against the defendant personally; yet it is the defendant s interest in the… …   Black's law dictionary

  • quasi in rem jurisdiction — See jurisdiction quasi in rem …   Ballentine's law dictionary

  • quasi in rem — / in rem/ adv or adj [Latin, as if against a thing]: as if one were proceeding against the thing used esp. in reference to proceedings (as for attachment of property) in which one seeks satisfaction of a claim against a person by adjudication of… …   Law dictionary

  • quasi in rem — ə̇nˈrem adverb (or adjective) Etymology: Latin, as if against a thing : as if against a thing (as a right, status, property) proceedings and judgments are quasi in rem when they are in a court having no jurisdiction over the person of the… …   Useful english dictionary

  • jurisdiction quasi in rem — Jurisdiction neither strictly in personam nor strictly in rem; an action in personam where a thing or res is indirectly affected by the decision. Hanson v Denekla, 357 US 235, 2 L Ed 1283, 78 S Ct 1228, reh den 358 US 858, 3 L Ed 2d 92, 79 S Ct… …   Ballentine's law dictionary

  • jurisdiction quasi in rem — The power of a court over the defendant s interest in property, real or personal, within the geographical limits of the court. The court s judgment or decree binds only the defendant s interest and not the whole world as in the case of… …   Black's law dictionary

  • action quasi in rem — /aekshan kweysay in rem/ An action brought against persons which only seeks to subject the interest in certain property of those persons to discharge of claims asserted and judgment therein is only conclusive between parties and their privies.… …   Black's law dictionary

  • in rem jurisdiction — Refers to an action that is taken directly against the defendant s property. The term may be contrasted with in personam jurisdiction. Power over a thing possessed by a court which allows it to seize and hold the object for some legal purpose;… …   Black's law dictionary

  • judgment quasi in rem — A judgment based on the court s jurisdiction over the defendant s interest in property within the jurisdiction of the court and not on the court s jurisdiction over the person of the defendant (in personam) or over the thing itself (in rem) …   Black's law dictionary

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