What is in personam and in rem?
A proceeding in personam is a case demanding a judgment which is clearly enforceable against an individual. In general, in rem rights are property rights enforceable against the entire world (such as property rights) whereas an in personam judgment binds only the litigants.
What is a decision in rem?
A judgement in rem invariably denotes the status or condition of the property and operates directly on the property itself. It is judgement that affects not only the thing but all persons interested in the thing; as opposed to judgement in personam which only imposes personal liability on the defendant.”
What US Supreme court case held that assertion of personal jurisdiction is consistent with due process?
Burnham v. Superior Court
Superior Court, 495 U.S. 604 (1990) A state can have personal jurisdiction over non-residents based solely on their physical presence in the state when process is served. After Burnham and his wife separated, she moved to California with their children.
What is the difference between in rem and in personam?
The distinction between the two lies in the number of persons subject to the duly respecting my right a right in rem avails against the whole world while that in personam binds only a particular person or persons. Rights in Rem are Negative: It is a right that people should not interfere with my ownership.
What is just in rem?
: a right enforceable against anyone in the world interfering with that right founded on some specific relationship, status, or particular property accorded legal protection from interference by anyone (as the right to be free from slander or to enjoy one’s property)
What is Judgement in rem and Judgement in personam?
Judgement in rem: – When a judgment is given on a particular subject matter, it will not only remain between the two parties but also be applicable to the entire world. Judgement in personam: – When a judgment is given on a subject matter, it will remain between the parties.
What is an in rem claim?
[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.
What is meant by in rem?
From Latin, “against a thing.” Concerning the status of a particular piece of property. For instance, in-rem jurisdiction refers to the power of a court over an item of real or personal property.
Is in rem jurisdiction personal jurisdiction?
Jurisdiction is the authority of a court to hear a case, and there are three types. In personam (personal) jurisdiction is the authority over a person, subject matter jurisdiction is the authority of the type of case, and in rem (property) is the authority over property.
What is an example of in rem jurisdiction?
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.
What is the distinction between a right in rem and a right in personam?
For example, a plaintiff may bring an in personam action against a defendant for breach of a contract. An in personam proceeding is distinct from an in rem proceeding, which decides the rights to a piece of property for every potential rights holder, even potential rights holders not named in the lawsuit.
What is right in rem distinguish between right in rem and right in personam?
Rights in rem are negative, while most rights in personam are positive. A right in personam corresponds to a duty imposed upon determinate persons, while a right in rem corresponds to a duty imposed upon persons in general.
What is the difference between in personam and in rem?
In personam is a Latin phrase meaning “against a particular person”. In personam is distinguished from in rem, which applies to property or “all the world” instead of a specific person. This technical distinction is important to determine where to file a lawsuit and how to serve a defendant.
Which is an example of an in personam action?
An in personam or an in rem action is a classification of actions according to foundation. For instance, an action to recover title to or possession of real property is a real action, but it is an action in personam, not brought against the whole world but against the person upon whom the claim is made.
What does in personam mean in Roman law?
In the Roman law, from which they are taken, the expressions “in rem” and “in personam” were always opposed to one another, an act or proceeding in personam being one done or directed against or with reference to a specific person, while an act or proceeding in rem was one done or directed with reference to no specific person, and consequently
When is a judgment or decree in rem?
So a judgment or decree is said to be in rem when it binds third persons. Such is the sentence of a court of admiralty on a question of prize, or a decree of nullity or dissolution of marriage, or a decree of a court in a foreign country as to the status of a person domiciled there.