Question

Bill & Pat have a dispute over a boat they own in Chicago. Bill lives in...

  1. Bill & Pat have a dispute over a boat they own in Chicago. Bill lives in Illinois. Pat lives in Florida. Bill sues Pat over rent due on the slip they rent at Navy Pier. Pat leaves for Florida and refuses to come to Illinois. How could the court exercise rem jurisdiction in this case?

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Answer #1

Ans: - As per question Bill lives in Illinois and pat lives in Florida and they had a dispute over a boat they own in Chicago and Bill has sued pat over rent issue.  As it is given in the question Pat is not agreeing to come to Illinois for the legal process. Here the court has the option to use Quasi in rem jurisdiction and can compel Pat to come to the court for the further legal process.

Quasi in rem Jurisdiction: - Quasi in rem jurisdiction occurs when a court uses its rem jurisdiction authority over property and compel one of the litigants to appear in the court by attaching the property that litigant possesses. In other words, by using this jurisdiction the court can compel one the litigants to come to the court for the further legal process. Now when this jurisdiction applies the litigant who is not coming to the court has two options left either he or she can lose his or her property or can come to the court for further process. In this way, the court can compel the litigant to come appear before the court for the further legal process

So in this case also Pat will have to come to court for further process or he may have to leave his property.

Note-: rem jurisdiction - It is the authority the court have to determine the title to an object. It happens mostly when the possible litigants or claimants are unknown to the court.

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