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What are the 3 types of jurisdiction used in a court case?
in personam, in rem and limitation on the types of cases a court can hear
Does judgment in rem prevail judgemnt in personam?
Yes. Judgement in rem seldom sets precedent which is applicable to all judgement. Judgement in personam is always directed to particular person or persons whereas judgement in rem relates to a particular subject or theme. This particular subject or theme may affect a lot persons in their personal capacity. Therefore, any remark made by court in the form of judgement in rem shall always supercede judgement in personam.
Does judgment in rem prevail judgment in person-am?
No, they are different types of relief that can be given by the court. "In rem" refers to the object in dispute, and "in personam" to the litigant. A judgement in rem would be a declaration that a certain person is the owner of the property, but a judgement in personam might be an award of damages to be paid by the defendant for trespass, nuisance or some similar tort. Historically speaking, the ability of English courts of Law to make judgements in rem about certain property while the courts of Equity could make judgements in personam about the owners of the property led to the development of the concept of a Trust.
Is intellectual property a right in rem or right in personam?
Intellectual property is a right in personam: an infringement case would be brought by the rightsholder against the infringer.
If you file chapter 7 bankruptcy and are discharged can a creditor later put a judgment against you for a mortgage on property you surrendered to them when you filed the bankruptcy?
No. The creditor can foreclose on the property (and virtually always do) since that is the way they get your name off of the deed and someone else's name on it. And, during this foreclosure, they will list you as a defendant since you are the property owner until the sheriff sale takes place. But, when the judgment is rendered in the foreclosure, it should be an "in rem" judgment, which means against the property only, and not an "in personam" judgment, which means against you personally. If they do get an in personam judgment against you, it is usually a good idea to notify the court and let them know about the bankruptcy so they remove the in personam judgment.
Is tort a violation of right in rem or in personam?
Tort is typically a violation of a right in personam, which means it affects a specific individual or their personal rights. It involves claims against a person rather than against a specific piece of property or land, which would be a violation of a right in rem.
Jus in rem et jus in personam?
Jus in rem refers to rights directed towards or enforceable against a specific property, such as ownership or legal interests in a tangible asset. Jus in personam, on the other hand, refers to rights enforceable against a specific person or entity, such as contractual rights or obligations.
Illustrate the jus in personam and jus in rem?
The law of contract is different from other branches of law. It does not lay down any rights and duties that the law will enforce. It contains the limiting principles on the basis of which the parties can create there own rights and duties which the law will up hold. Law of contract creates jus in personam and not jus in rem. Here jus in rem means the right against a thing at large and jus in personam means the right against a specific person. Let us see what happened in the following illustration: Mr. A owes an amount of Rs.10,000 to Mr. B. Here Mr. B has the right to recover this amount from Mr. A and only from Mr. A and not from anybody else. This right is known as jus in personam. To understand the Jus in rem let us see the following example: Mr. X owns 10 acres of land. Here Mr. X is having the full liberty to enjoy the land against every members of the public. Likewise every members of the public is having an obligation that they should not disturb the right of Mr. X. This right of Mr.X is known as Jus in rem.
If there is a dispute over ownership of property would a state have diversity jurisdiction in personam jurisdiction in rem jurisdiction or no jurisdiction at all?
Diversity jurisdiction is a basis for federal courts to exercise jurisdiction if the parties to a civil cause of action are residents of different states and the amount in controversy is large enough to make use of federal resources practical. A state may legitimately exercise jurisdiction either if it has in rem jurisdiction over the property or in personam jurisdiction over all parties to the dispute.
Can a court pronounce judgment in rem and judgment in person-am in the same case and if so then can judgment in rem prevail judgment in person-am or not?
Hello again. The expressions "in rem" and "in personam" (there is no hyphen) describe the kind of remedy sought by the plaintiff. It is conceivable if the action is one of Conversion, for example, the plaintiff might seek both, and be awarded both (restitution of the goods converted and damages against the defendant). There would be no conflict or question of which prevails. I can't help but think that your questions are directed to the historical relationship between the Courts of Law and the Courts of Equity in England. The Court of Law generally gave relief in rem where the Court of Equity would give relief in personam on the same issue. In most cases the Courts interpreted their jurisdictions to avoid conflict, but in cases when such conflict occurred, the Court of Equity prevailed. Today the same courts administer both Law and Equity and the principles of Equity prevail if there is a conflict. For example, if a piece of property is stolen from A by B, and B sells it to C, and C has no reason to suspect B's title to the goods, the Law held that B cannot pass good title to the property to C, since he had no title to pass. Equity however held that A should be estopped from claiming against C since C is a bona fide purchaser for value, and thus C is able to retain the object.
What is meaning of jus in personam?
rights against a particular individual
What are some examples of in personam?
In personam is a Latin term meaning "directed toward a particular person". In a lawsuit in which the case is against a specific individual, the court must have in personamjurisdiction over that person in order to try the case.
