In Personam
Literal meaning: “Against the person.”
What does the Latin term "In Personam" mean in law?
In personam jurisdiction is the power of a court over a specific individual or entity, enabling the court to impose a personal obligation or liability on that party. A court with in personam jurisdiction may enter a judgment that binds the defendant personally, including orders to pay damages or to perform or refrain from specific acts. To exercise in personam jurisdiction consistent with due process, a court must find that the defendant has sufficient 'minimum contacts' with the forum state such that maintenance of the suit does not offend traditional notions of fair play and substantial justice, as established in International Shoe Co. v. Washington.
Source: Procedure · Legal Latin
Legal Definition
In personam jurisdiction is the power of a court over a specific individual or entity, enabling the court to impose a personal obligation or liability on that party. A court with in personam jurisdiction may enter a judgment that binds the defendant personally, including orders to pay damages or to perform or refrain from specific acts. To exercise in personam jurisdiction consistent with due process, a court must find that the defendant has sufficient 'minimum contacts' with the forum state such that maintenance of the suit does not offend traditional notions of fair play and substantial justice, as established in International Shoe Co. v. Washington.
How It's Used
In personam is used in civil procedure to distinguish personal jurisdiction from in rem (over property) and quasi in rem jurisdiction. It is central to discussions of due process, long-arm statutes, and the constitutional limits on a court's authority over nonresident defendants.
Example Sentences
The court asserted in personam jurisdiction over the defendant because she had conducted substantial business activities in the forum state.
Without in personam jurisdiction, the court cannot enter a binding money judgment against the out-of-state defendant.
The due process analysis for in personam jurisdiction begins with the minimum contacts test from International Shoe.