In rem jurisdiction
In rem jurisdiction is a legal term describing the power a court may exercise over property or a "status" against a person over whom the court does not have in personam jurisdiction. Jurisdiction in rem assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property.
United States
Within the U.S. federal court system, jurisdiction in rem typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court's jurisdiction. The most frequent circumstance in which this occurs in the Anglo-American legal system is when a suit is brought in admiralty law against a vessel to satisfy debts arising from the operation or use of that vessel.Within the American state court systems, jurisdiction in rem may refer to the power the state court may exercise over real property or personal property or a person's marital status. State courts have the power to determine legal ownership of any real or personal property within the state's boundaries.
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, Unknown owner of ", but as just "Ex Parte " or perhaps the awkward "State v. ", usually followed by a notice by publication seeking claimants to title to the property; see [|examples] below. This last style is awkward because in law, only a person may be a party to a judicial proceeding – hence the more common in personam style – and a non-person would at least have to have a guardian appointed to represent its interests, or those of the unknown owner.
The use of this kind of jurisdiction in asset forfeiture cases is controversial because it has been increasingly used in situations where the party in possession is known, which by historical common law standards would make him the presumptive owner, and yet the prosecution and court presumes he is not the owner and proceeds accordingly. This kind of process has been used to seize large sums of cash from persons who are presumed to have obtained the money unlawfully because of the large amount, often in situations where the person could prove he was in lawful possession of it, but was forced to spend more on legal fees to do so than the amount of money forfeited.
Examples
Some examples of in rem cases:- United States v. 422 Casks of Wine, an early 19th-century example
- United States v. Forty-Three Gallons of Whiskey, case involving sale of unlicenced alcohol on Indian lands.
- United States v. Forty Barrels & Twenty Kegs of Coca-Cola, brought under the Pure Food and Drug Act against, not The Coca-Cola Company itself, but rather "Forty Barrels and Twenty Kegs of Coca-Cola".
- United States v. Ninety-Five Barrels Alleged Apple Cider Vinegar — Early Food and Drug Administration case.
- United States v. One Ford Coupe Automobile
- United States v. One Book Called Ulysses, the landmark 1933 ruling by John M. Woolsey that James Joyce's novel had sufficient literary merit to overcome its obscene portions. Upheld on appeal as United States v. One Book Entitled Ulysses by James Joyce.
- United States v. One Package of Japanese Pessaries, 86 F.2d 737, a case involving contraceptives Margaret Sanger attempted to import, heard by the Second Circuit.
- United States v. 11 1/4 Dozen Packages of Articles Labeled in Part Mrs. Moffat's Shoo-Fly Powders for Drunkenness, 40 F.Supp. 208
- 186 F. Supp. 526 is an in rem case significant to
- Marcus v. Search Warrant, 367 U.S. 717, full title Marcus v. Search Warrant of Property at 104 East Tenth Street, Kansas City, Missouri. An unusual in rem case heard by the Supreme Court where the named object was not the seized property but the warrant under which it was seized. Since all the government agents involved were indisputably acting within the law as it stood, the only way for the petitioner to challenge the constitutionality of the seizure was to name the search warrant itself as defendant.
- Quantity of Books v. Kansas, 1964 U.S. Supreme Court case holding seizure of allegedly obscene materials unconstitutional without prior hearing to determine obscenity.
- One 1958 Plymouth Sedan v. Pennsylvania,, case in which the U.S. Supreme Court held that the exclusionary rule prevents the forfeiture of material seized in cases where the Fourth Amendment was violated.
- Memoirs v. Massachusetts, case involving Fanny Hill, heard by the U.S. Supreme Court in 1966
- United States v. Thirty-seven Photographs, an obscenity forfeiture case heard by the U.S. Supreme Court in 1971.
- United States v. 12 200-ft. Reels of Film, a case very similar to the above heard by the Supreme Court two years later.
- United States v. Article Consisting of 50,000 Cardboard Boxes More or Less, Each Containing One Pair of Clacker Balls, 413 F. Supp. 1281. Held that the seizure provisions of the Federal Hazardous Substances Act do not violate the Due Process Clause.
- United States v. Various Pieces of Semiconductor Manufacturing Equipment, 649 F.2d 606. Company that was caught trying to sell them to the Soviets claims the long delay between seizure and forfeiture proceedings was a due process violation.
- United States v. 50 Acres of Land, 1984 U.S. Supreme Court case involving eminent domain, holding that cost of replacement for taken property does not have to be calculated in its fair market value.
- Case of One 1985 Nissan, 300ZX, VIN: JN1C214SFX069854, 889 F.2d 1317. 1989 case heard by the Fourth Circuit using the older naming style, because the owner was murdered before the government could arrest him on suspicion of drug trafficking.
- United States v. 127 Shares of Stock in Paradigm Mfg., 758 F.Supp. 581. A 1990 case from California where a former spouse and children sought to recover securities allegedly purchased with the husband/father's proceeds from drug sales.
- People v. Property Listed in Exhibit One
- United States v. One Lucite Ball Containing Lunar Material and One Ten Inch by Fourteen Inch Wooden Plaque
- 286 F.3d 194 – here distinguishing between plaintiff and object, of the same name; in full the case also named persons as defendants, and identifies the object more precisely as:
- :The Wrecked and Abandoned Vessel, its engines, tackle apparel, appurtenances, cargo, etc., located within one nautical mile of a point located at 41° 43′ 32″ North Latitude and 49° 56′ 49″ West Longitude, believed to be the R.M.S. Titanic, in rem;
- United States v. $124,700 in U.S. Currency, an asset forfeiture case based on drug law.
- United States v. Approximately 64,695 Pounds of Shark Fins. Asset forfeiture case under the Shark Finning Prohibition Act of 2000.
- South Dakota v. Fifteen Impounded Cats 785 N.W.2d 272
- United States v. One Tyrannosaurus Bataar Skeleton. The case was brought to stop the sale of a dinosaur skeleton that had allegedly been looted from the Gobi Desert in violation of Mongolian law.
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