Quasi In Rem - Law Dictionary Search Results
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quasi in rem [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 rights to a particular property over which jurisdiction can be obtained see also quasi in rem jurisdiction at jurisdiction compare in personam, in rem NOTE: The plaintiff in a quasi in rem action uses the court's jurisdiction over the defendant's property in hopes of obtaining a remedy for a claim (as for money) against the defendant. A quasi in rem action is often used when jurisdiction over the defendant cannot be obtained due to his or her absence from the state. ...
quasi in rem jurisdiction
quasi in rem jurisdiction see jurisdiction ...
in rem
in rem [Latin] : against or with respect to a thing (as a right, status, or interest in property) without reference to the persons involved [when the Government is proceeding against property in rem "Austin v. United States, 509 U.S. 602 (1993)"] [an in rem action] see also in rem jurisdiction at jurisdiction compare in personam, quasi in rem ...
jurisdiction
jurisdiction [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1 : the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) [to be removed to the State having of the crime "U.S. Constitution art. IV"] [a court of competent ] see also situs International Shoe Co. v. Washington in the Important Cases section compare venue NOTE: Jurisdiction determines which court system should properly adjudicate a case. Questions of jurisdiction also arise regarding quasi-judicial bodies (as administrative agencies) in their decision-making capacities. ancillary jurisdiction : jurisdiction giving a court the power to adjudicate claims (as counterclaims and cross-claims) because they arise from a cause of action over which the court has original jurisdiction ;specif : supplemental jurisdiction acquired by a federal court allowing it to adjudicate claims that are based on state law but that form part of a case...
in personam
in personam [Latin, against a person] : against a person for the purpose of imposing a liability or obligation to do or not do something [an action in personam] [an in personam suit] see also in personam jurisdiction at jurisdiction compare in rem, quasi in rem ...
res
res [Latin] 1 : a thing (as a property, interest, or status) as opposed to a person that is the object of rights and esp. that is the subject matter of litigation [a court with jurisdiction over the of the suit] compare in personam, in rem, quasi in rem 2 : corpus [the of the trust was the marital home "Stopka v. Commercial Embroidery, Inc., 428 N.E.2d 1130 (1981)"] ...
service
service 1 : the act of delivering to or informing someone of a writ, summons, or other notice as prescribed by law [after of process] see also notice by publication at notice, substituted service, summons NOTE: Although service of process is primarily the means for a court to exert personal jurisdiction over a person, some form of service (as by publication of notice in a newspaper) is also usually required for exercise of in rem or quasi in rem jurisdiction. 2 a : useful labor that does not produce a tangible commodity usually used in pl. [payment for s rendered] b : the maintenance or repair of tangible property [machinery for the and improvement of the residence] vt ser·viced ser·vic·ing : to provide services for: as a : to meet interest and sinking fund payments on (debt) [didn't have the cash flow to a large loan] b : to collect payments and maintain a payment schedule for (a loan) esp. after sale of the loan to a secondary mortgage market (as the Federal ...
sequestration
sequestration 1 : the act of sequestering : the state of being sequestered 2 a : a writ authorizing an official (as a sheriff) to take into custody the property of a defendant usually to enforce a court order, to exercise quasi in rem jurisdiction, or to preserve the property until judgment is rendered b in the civil law of Louisiana : a deposit in which a neutral person agrees to hold property in dispute and to restore it to the party to whom it is determined to belong 3 : the cancellation of funds for expenditure or obligation in order to enforce federal budget limitations set by law ...
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