Dictionary of Law
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in personam :: legal definition


In personam - adj. (in purr-soh-nam) 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.

See also: in rem jurisdiction and Related Law Terms ↓


Related Law Terms

abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appellee :: n. in some jurisdictions the name used for the par ... ndent." See also: appeal respondent
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills.
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
caption :: n. the first section of any written legal pleading ... to the exact format of the caption.
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire
character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud.
chattel :: n. an item of personal property which is movable, ... ments). See also: personal property
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar
claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time.
claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain
condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain
confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant.
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
corporation :: n. an organization formed with state governmental ... ation public corporation securities
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
determinable :: adj. defining something which may be terminated up ... es or no longer lives in the house.
devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
dram shop rule :: n. a statute (Dram Shop Act) or case law in 38 sta ... tervening cause, namely, the drunk.
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation.
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
fresh pursuit :: n. immediate chase of a suspected criminal by a la ... hot pursuit. See also: hot pursuit
full faith and credit :: n. the provision in Article IV, Section 1 of the U ... "foreign" (out-of-state) judgment.
future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage.
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem
head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family."
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
in forma pauperis :: (in form-ah paw-purr-iss) adj. or adv. Latin for " ... poor defendants who have been sued.
in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
limited jurisdiction :: n. courts' authority over certain types of cases s ... value. See also: court jurisdiction
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner.
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty
pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn
pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
relief :: n. generic term for all types of benefits which an ... r possibilities. See also: judgment
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
summons :: n. a document issued by the court at the time a la ... use service service of process writ
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - I

i.e. :: prep. abbreviation for id est, which is Latin for ... "e.g.," which means "for example."
illegal :: 1) adj. in violation of statute, regulation or ord ... . See also: alien illegal immigrant
illegal immigrant :: n. an alien (non-citizen) who has entered the Unit ... ion date of a visa. See also: alien
illusory promise :: n. an agreement to do something that is so indefin ... he may have thought was a contract.
immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection
immediately :: adv. 1) at once. 2) in orders of the court or in c ... oon as can be done" without excuse.
immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity
impanel :: v. to select and install a jury. See also: impanel ... l a jury. See also: impaneling jury
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate.
impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach
impleader :: n. a procedural device before trial in which a par ... than having two suits in a series.
implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty
implied consent :: n. consent when surrounding circumstances exist wh ... aybe" or "later." See also: implied
implied contract :: n. an agreement which is found to exist based on t ... : contract express contract implied
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied
impossibility :: n. when an act cannot be performed due to nature, ... cel) a contract. See also: contract
impotence :: n. the male's inability to copulate. Impotence can ... eans inability to produce children.
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture