Simple English definitions for legal terms
Read a random definition: civil obligation
In personam: This means that a court has the power to make decisions about a person. The court can do this if the person lives in the area where the court has power, or if they are told about the legal case. For example, a court in Delaware can make decisions about people who live in Delaware or do business there. The court can also make decisions about people who agree to let the court make decisions about them. The court can make decisions that affect the person, even if they are in a different place.
Definition: In personam refers to a court's power to make decisions about a specific person or party. This is one of two types of personal jurisdiction, the other being in-rem jurisdiction. In personam jurisdiction can be exercised over someone who lives in or has connections to the area where the court has power.
For example, if someone lives in Delaware, a Delaware court can exercise in personam jurisdiction over them. The court can also exercise this jurisdiction over companies that do business in Delaware or people who are served legal papers while visiting Delaware.
If someone consents to the court's jurisdiction, the court can also exercise in personam jurisdiction over them, even if they don't live in or have connections to the area.
In personam judgments allow courts to enforce a wide range of remedies against the person, even in other jurisdictions. This is because of the full faith and credit clause of the Constitution.
Example: A person who lives in California is sued by someone in New York. The New York court cannot exercise in personam jurisdiction over the California resident unless they have connections to New York or consent to the court's jurisdiction.
Explanation: This example illustrates how in personam jurisdiction works. The court in New York cannot make decisions about the California resident unless they have some connection to New York or agree to the court's jurisdiction.