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A quasi in rem legal action (Latin, "as if against a thing") is a legal action based on property rights of a person absent from the jurisdiction.In the American legal system the state can assert power over an individual simply based on the fact that this individual has property (bank account, debt, share of stock, land) in the state.
The Supreme Court ruled in favor of Neff, holding that for the trial court to have jurisdiction over the property, the property needed to be attached before the start of litigation, whereupon the trial court has quasi in rem jurisdiction. Mitchell had made the mistake of not attaching the parcel at the start of his action against Neff, instead ...
A right in rem or a judgment in rem binds the world as opposed to rights and judgments inter partes which only bind those involved in their creation. Originally, the notion of in rem jurisdiction arose in situations in which property was identified but the owner was unknown. Courts fell into the practice of styling a case not as "John Doe ...
Harris v. Balk, 198 U.S. 215 (1905), was a United States Supreme Court case that exemplified the idiosyncratic types of jurisdiction state courts (and therefore plaintiffs) could assert through quasi in rem actions before International Shoe's (1945) [1] "minimum contacts" test replaced Pennoyer's (1878) [2] principles of "power and notice".
General jurisdiction exists where a court in a given state has jurisdiction over a defendant in that state irrespective of the nature of the claim; but if the state is alleged to have jurisdiction over a defendant because the defendant's activities in that state gave rise to the claim itself, this would be specific jurisdiction. For example, if ...
In rem jurisdiction affects the interests of all persons in a thing. In rem jurisdiction may be exercised in a limited class of cases, when the court has control over the thing itself, like with a suit to quiet title to land in Florida. Quasi in rem jurisdiction affects the interest of specified persons in a thing. The court must have physical ...
Subject-matter jurisdiction, also called jurisdiction ratione materiae, [1] is a legal doctrine regarding the ability of a court to lawfully hear and adjudicate a case. Subject-matter relates to the nature of a case; whether it is criminal, civil, whether it is a state issue or a federal issue, and other substantive features of the case.
Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred.