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IN REM
In-rem jurisdiction, as opposed to in-personam, refers to lawsuits
dealing with property disputes rather matters between parties. For
example, conflicts regarding title deeds and ownership are considered
in-rem (as are child custody disputes). Jurisdiction is determined based
on the location of the property and enforcement follows property rather
than person.
Retrieved from
http://www.law.cornell.edu/wex/index.php/In_rem
[YOUR LIFE IS
PROPERTY]
“Admiralty and
maritime jurisdiction comprises two types of cases: (1) those involving
acts committed on the high seas or other navigable waters, and (2) those
involving contracts and transactions connected with shipping employed on
the seas or navigable waters. In other words, the second type of case
must have a direct connection with maritime commerce.
Suits in admiralty traditionally took the form of a proceeding in rem
against the vessel, and, with exceptions to be noted, such proceedings
in rem are confined exclusively to federal admiralty courts, because the
grant of exclusive jurisdiction to the federal courts by the Judiciary
Act of 1789 has been interpreted as referring to the traditional
admiralty action, the in rem action, which was unknown to the Common
Law.
State courts are forbidden by the Constitution to have Admiralty
jurisdiction. While State courts are permitted to handle and try
Admiralty cases if the suitor desires, it must be an Admiralty matter to
begin with and it must involve property, otherwise there would not be a
Common Law remedy. In other words, the Common Law courts would not be
competent to handle it. More than this, it would need to be tried in a
Common Law court, following Common Law procedures (not Equity
procedures) with a Trial by a Common Law jury. “ http://www.svpvril.com/OACL.html
http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bychapter/chapter_1.html
§ 1 75.8. Jurisdiction in rem or quasi in rem – Grounds for generally.
A court of this State having jurisdiction of the subject matter may
exercise jurisdiction in rem or quasi in rem on the grounds stated in
this section. A judgment in rem or quasi in rem may affect the interests
of a defendant in a status, property or thing acted upon only if process
has been served upon the defendant pursuant to Rule 4(k) of the Rules of
Civil Procedure. Jurisdiction in rem or quasi in rem may be invoked in
any of the following cases:
(1) When the subject of the action is real or personal property in this
State and the defendant has or claims any lien or interest therein, or
the relief demanded consists wholly or partially in excluding the
defendant from any interest or lien therein. This subdivision shall
apply whether any such defendant is known or unknown.
(2) When the action is to foreclose, redeem from or satisfy a deed of
trust, mortgage, claim or lien upon real or personal property in this
State.
(3) When the action is for a divorce or for annulment of marriage of a
resident of this State.
(4) When the defendant has property within this State which has been
attached or has a debtor within the State who has been garnished.
Jurisdiction under this subdivision may be independent of or
supplementary to jurisdiction acquired under subdivisions (1), (2) and
(3) of this section.
(5) In any other action in which in rem or quasi in rem jurisdiction may
be constitutionally exercised. (1967, c. 954, s. 2.) |