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Jurisdiction

 

The authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases.

It
is vital to determine before a lawsuit is filed which court has jurisdiction. State courts have jurisdiction over matters within that state, and different levels of courts have jurisdiction over lawsuits involving different amounts of money.

Jurisdiction
in the courts of a particular state may be determined by the location of real property in a state (in rem jurisdiction), or whether the parties are located within the state (in personam jurisdiction).

NATIVES. All persons born within the jurisdiction of the United States, are considered as natives.
Bouvier’s Law Dictionary

 

 

 

 

Two Parts Required To Complete Jurisdiction

 

IN REM -  adj. from Latin "against or about a thing," referring to a lawsuit or other legal action directed toward property, rather than toward a particular person. Thus, if title to property is the issue, the action is "in rem." The term is important since the location of the property determines which court has jurisdiction and enforcement of a judgment must be upon the property and does not follow a person. "In rem" is different from "in personam," which is directed toward a particular person.

IN REM - PROPERTY - THE THING - INATIMATE

 

 

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.

IN PERSONAM - NATURAL LIVE HUMAN BEING - REAL FLESH AND BLOOD


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