Legal Definitions - personam

The term personam is typically used as part of the phrase in personam, which is a Latin term meaning "against a person." In a legal context, in personam refers to a court's power or jurisdiction over a specific individual or legal entity (such as a corporation). When a court has in personam jurisdiction, it means it has the authority to issue orders and judgments that are personally binding on that individual or entity, compelling them to act or refrain from acting, or to pay damages.

This type of jurisdiction is crucial for resolving disputes where the court needs to enforce obligations or award remedies directly against a party, rather than just affecting property or a legal status.

• Example 1 (Contract Dispute):

  Imagine a small business owner in Texas sues a software development company based in Delaware for failing to deliver a promised custom application. If the Texas court has in personam jurisdiction over the Delaware company, it can issue a judgment ordering the company to either refund the payment, complete the software, or pay damages for the breach of contract.

  This example illustrates in personam jurisdiction because the Texas court's judgment would be directed specifically at the Delaware company as a legal entity, compelling it to fulfill a financial obligation or perform a specific action. The court is exercising its power over the company itself, not just over property located in Texas.

• Example 2 (Personal Injury Lawsuit):

  Consider a situation where a cyclist is injured by a negligent driver and files a lawsuit seeking compensation for medical expenses and lost wages. If the court has in personam jurisdiction over the driver, it can issue a judgment ordering that specific driver to pay a certain amount of money to the injured cyclist.

  Here, the court's authority is exercised in personam over the driver. The judgment is a direct command to that particular individual, making them personally responsible for the financial award and allowing the cyclist to enforce the judgment against the driver's personal assets.

• Example 3 (Family Law - Alimony):

  In a divorce proceeding, a court might order one spouse to pay alimony (spousal support) to the other for a specified period. This order directly binds the spouse obligated to pay, requiring them personally to make regular financial contributions.

  This demonstrates in personam jurisdiction because the court's order is a direct command to a specific individual, creating a personal legal obligation that can be enforced against them. The court is exercising its power over the individual's personal finances and responsibilities, not merely affecting their marital status.