In Rem and Quasi In Rem

Question 1

what is in rem jurisdiction

Answer 1

suit against any kind of property, real or person (the res) so long as the property is located in the state where you are suing AND it can settle everyone in the world’s claim against that property (ie the state has physical power over the property)

this satisfies minimum contacts test

Question 2

what are a few examples of the type of claims you see under in rem

Answer 2

piece of land (action to quiet title), goods, or intangibles (claims over a bank account)

Question 3

what is quasi in rem

Answer 3

suit to adjudicate the claim to property of a particular defendant or defendants, the subject matter of the suit may or may not be related to the property

Question 4

quasi in rem got really weird historically (example 23 pg 16), how did the SC fix that?

Answer 4

the sc has held that quasi in rem action are subject to the same minimum contact test as applies to personam j

Question 5

what happens if the property is in fact subject to the suit for quasi

Answer 5

it will constitute an important minimum contact btwn the def and form and j will probably be permitted as a matter of specific in personam j

Question 6

what if the property is not subject to the suit for quasi

Answer 6

the ownership of property in the state is not nearly enough to establish general j over the def (this is how the sc fixed the historical problems with quasi)