Personal jurisdiction is a phrase used to describe a court's jurisdiction over a the parties in a lawsuit. If a court did not have this, their ruling would not be enforced against the party.
Intellectual property is a right in personam: an infringement case would be brought by the rightsholder against the infringer.
in personam, in rem and limitation on the types of cases a court can hear
rights against a particular individual
In personam is a Latin term meaning "directed toward a particular person". In a lawsuit in which the case is against a specific individual, the court must have in personamjurisdiction over that person in order to try the case.
original juridiction
Yes. Judgement in rem seldom sets precedent which is applicable to all judgement. Judgement in personam is always directed to particular person or persons whereas judgement in rem relates to a particular subject or theme. This particular subject or theme may affect a lot persons in their personal capacity. Therefore, any remark made by court in the form of judgement in rem shall always supercede judgement in personam.
name the states under its juridiction
Tort is typically a violation of a right in personam, which means it affects a specific individual or their personal rights. It involves claims against a person rather than against a specific piece of property or land, which would be a violation of a right in rem.
LOL- you think we Canadians are crazy enough to let that happen -NO WAY !
Original jurisdiction
Lake Erie College of Osteopathic Medicine's motto is 'Totam Personam Curamus'.
No, they are different types of relief that can be given by the court. "In rem" refers to the object in dispute, and "in personam" to the litigant. A judgement in rem would be a declaration that a certain person is the owner of the property, but a judgement in personam might be an award of damages to be paid by the defendant for trespass, nuisance or some similar tort. Historically speaking, the ability of English courts of Law to make judgements in rem about certain property while the courts of Equity could make judgements in personam about the owners of the property led to the development of the concept of a Trust.