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in personam

 
Dictionary: in per·so·nam   (ĭn' pər-sō'nəm) pronunciation
adv. & adj. Law
Against a person rather than against property. Used of an action or judgment.

[Late Latin : Latin in, onto, against + Latin persōnam, accusative of persōna, person.]


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Business Dictionary: In Personam
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Into or against the person. In Pleading, an action against a person or persons, founded on personal Liability and requiring Jurisdiction by the court over the person sought to be held liable, i.e., the defendant.

Law Encyclopedia: In Personam
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This entry contains information applicable to United States law only.

[Latin, Against the person.] A lawsuit seeking a judgment to be enforceable specifically against an individual person.

An in personam action can affect the defendant's personal rights and interests and substantially all of his or her property. It is based on the authority of the court, or jurisdiction, over the person as an individual rather than jurisdiction over specific property owned by the person. This contrasts with in rem jurisdiction, or actions that are limited to property of the defendant that is within the control of the court. A court with in personam jurisdiction in a particular case has enough power over the defendant and his or her property to grant a judgment affecting the defendant in almost any way.

Wikipedia: In personam
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In personam from Latin for "directed toward a particular person." In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction 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, 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. 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 (in rem) then the action must be filed where the property exists and is only enforceable there.[1]

References

  1. ^ A Law Dictionary Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern: And Including the Principal Terms of International, Constitutional, Ecclesiastical, and Commercial Law, and Medical Jurisprudence, with a Collection of Legal Maxims ... By Henry Campbell Black Edition: 2 Published by West Publishing Co., 1910, pg. 606[1]

See also


 
 
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judgment
in rem
In Rem (business term)

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Illustrate the jus in personam and jus in rem?
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Jus in personam?

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Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights reserved.  Read more
Business Dictionary. Dictionary of Business Terms. Copyright © 2000 by Barron's Educational Series, Inc. All rights reserved.  Read more
Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
Wikipedia. This article is licensed under the Creative Commons Attribution/Share-Alike License. It uses material from the Wikipedia article "In personam" Read more