In personam
Encyclopedia
In personam is a Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...

 phrase meaning "directed toward a particular person". In a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...

 in which the case is against a specific individual, that person must be served with a summons
Summons
Legally, a summons is a legal document issued by a court or by an administrative agency of government for various purposes.-Judicial summons:...

 and complaint to give the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

 jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

 to try the case, and the judgment applies to that person and is called an "in personam judgment." In personam is distinguished from in rem
In rem
In rem is Latin for "against a thing." In a lawsuit, an action in rem is directed towards a piece of property rather than against a person . The action disputes or seeks to transfer title to property. When title to real estate In rem is Latin for "against a thing." In a lawsuit, an action in rem...

, which applies to property or "all the world" instead of a specific person. This technical distinction is important to determine where to file a lawsuit and how to serve a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...

. In personam means that a judgment can be enforceable against the person wherever he/she is. On the other hand, if the lawsuit is to determine title to property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...

 (in rem) then the action must be filed where the property exists and is only enforceable there.

See also

  • personal jurisdiction
  • quasi in rem
    Quasi in rem
    Quasi in rem is a legal term referring to a legal action based on property rights of a person absent from the jurisdiction. In the American legal system the state can assert power over an individual simply based on the fact that this individual has property in the state...

  • in rem
    In rem
    In rem is Latin for "against a thing." In a lawsuit, an action in rem is directed towards a piece of property rather than against a person . The action disputes or seeks to transfer title to property. When title to real estate In rem is Latin for "against a thing." In a lawsuit, an action in rem...

  • sui iuris
    Sui iuris
    Sui iuris, commonly also spelled sui juris, is a Latin phrase that literally means “of one’s own laws”.-Secular law:In civil law the phrase sui juris indicates legal competence, the capacity to manage one’s own affairs...

  • prerogative legislation
    Prerogative
    In law, a prerogative is an exclusive right given from a government or state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law of the normative state...

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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