in rem

In rem is Latin for “against the thing,” and indicates that a legal concept concerns things rather than people.

A lawsuit in rem is a lawsuit against a thing, rather than against a person, which resolves rights or interests related to that thing.

For example: in United States v. 422 Casks of Wine the United States initiated a lawsuit against 422 casks of wine, claiming that it had the right to seize the casks because they had been deliberately mislabeled as sherry to avoid taxes. See also: United States v. 95 Barrels of Vinegar , United States v. One Solid Gold Object in Form of a Rooster , and United States v. One Book Entitled Ulysses .

Unlike lawsuits in personam , lawsuits in rem allow courts to issue decisions that bind everyone, including parties uninvolved in the lawsuit.

For example: A initiates and wins a lawsuit in rem against a car, claiming ownership. B has a much stronger claim to ownership of the car, but never learned of A’s suit and therefore didn’t participate. If B later tries to claim the car in court, A may use the in rem judgment to preclude the issue of A’s ownership, defeating B’s claim unless the previous judgment can be collaterally attacked .

In rem jurisdiction is a court’s ability to make valid judgments regarding a thing. A court must have in rem jurisdiction to issue a valid judgment in a lawsuit in rem as well as to directly transfer ownership of property.

A right in rem is a right deriving from or relating to a thing, such as the right of quiet enjoyment .