Friday, August 21, 2009

Three (3) Types of Jurisdiction


There are three kinds of jurisdiction which a court may exercise over the parties: (1) in personam; (2) in rem; and (3) quasi in rem. Each of which will be discussed below.

1. In Personam

In personam jurisdiction is jurisdiction over the defendant’s person, thus giving the court the power to render the individual personally liable. This judgment can then be sued upon in other states, and all of this individual’s assets may be seized to satisfy the judgment.

2. In Rem

In rem refers to jurisdiction over a thing, giving the court power to adjudicate a claim made about a status or piece of property. An action to pronounce a marriage dissolved or an action to quiet title to a piece of real estate are just some examples.

3. Quasi in Rem

Quasi in rem jurisdiction refers to a legal action based on property rights of a person absent from the jurisdiction. In essence, 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. As such, the judgment cannot be sued upon in other states since in personam jurisdiction is unattainable. Global Business Lawyers Nevada Business Lawyers Lovaas & Lehtinen, P.C.

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

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