in rem jurisdiction meaning
Rem is Latin for 'thing.' When a court exercises in rem jurisdiction, it exercises authority over a thing, rather than a person. For example, if a divorcing couple asks a court to supervise the sale of their family home, the court exercises in rem jurisdiction over the house. Usually, the property must be located in the same county as the court for it to have in rem jurisdiction.
E.g. A court which grants a divorce exercises in rem jurisdiction over the marriage. One spouse must live in the same county as the court (therefore the marriage is in the county) for the court to exercise in rem jurisdiction over the marriage.
- In rem jurisdiction cases apply against abandonned property.
- The local police and courts did not have personal or in rem jurisdiction over their persons or property.
- Some sources refer to all three types of territorial jurisdiction as personal jurisdiction, since most actions against property ( in rem jurisdiction ) bear, in the end, upon the rights and obligations of persons.
- Initially, the Superior Court in Marin County, California granted Dennis's request to allow New Jersey to decide the personal in personam jurisdiction issues and submit the subject matter in rem jurisdiction issues to California.
- In " Central Virginia Community College v . Katz ", the Court held that state sovereign immunity was not implicated by the exercise of in rem jurisdiction by bankruptcy courts in voiding a preferential transfer to a state.