STATE COURTS ARE USING ADMIRALTY PROCEDURE

Posted By: suI_juris <Send E-Mail>
Date: Sunday, 2 December 2007, 5:29 p.m.

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.)



 

STATE COURTS ARE USING ADMIRALTY PROCEDURE

Posted By: suI_juris <Send E-Mail>
Date: Sunday, 2 December 2007, 5:29 p.m.

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.)