wex articles

Quasi in rem: an overview

When hearing quasi in rem actions, a court may only affect a named defendant's interest in a specific named piece of property. These actions have similarlities with both in rem and in personam actions. As is the case with in rem actions, a court may hear a quasi in rem action if the named property is within the court's jurisdiction, even if the court does not have the power to exercise in personam jurisdiction over the defendant.

Discovery: an overview

In civil actions, parties use the pre-trial discovery process to gather information in preparartion for trial.

First Amendment protections of speakers’ rights to speech and assembly vary based on the speakers’ chosen forum. The Supreme Court breaks down forums into three types: traditional public forums, designated forums, and nonpublic forums. See Perry Educ. Ass’n v. Perry Educators’ Ass’n, 460 U.S. 37 (1983). Finally, some public property is not a forum at all.

Qualified immunity: an overview

“Qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.” Pearson v. Callahan (07-751).

Enforcing the Award

Originally prepared by Lucia Benabentos of the Cornell Law School Securities Law Clinic.

Parties may voluntarily comply with an award. However, in the event of noncompliance, the arbitral panel has no power to enforce the award, only a court has the power to force compliance. Thus, a party seeking to enforce an award may have to sue in court.

Arbitrators Deliberate and Grant an Award, Fees are assessed

Originally prepared by Lucia Benabentos of the Cornell Law School Securities Law Clinic.

Hearings

Originally prepared by Lucia Benabentos of the Cornell Law School Securities Law Clinic.

Discovery

Originally prepared by Lucia Benabentos of the Cornell Law School Securities Law Clinic.

Pre-hearing conferences

Originally prepared by Lucia Benabentos of the Cornell Law School Securities Law Clinic.