Legal Question in Constitutional Law in Hawaii

Jurisdiction

What is the difference between in rem and in persona jurisdiction?

Also, how does the court use in rem and in persona jurisdiction?


Asked on 6/28/00, 6:29 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Jurisdiction

In rem. Latin meaning, basically, "the thing." In rem means, always, jurisdiction over an inanimate object. The concept means the court has jurisdiction over the property or thing, meaning it is within the geographical area the court operates in. Suits such as United States vs. One 1998 Chevrolet Corvette Automobile, or The People of the State of New Mexico vs. 196 Cases of Baby Peas are examples of solely in rem jurisdictional suits.

In personam, on the other hand, means jurisdiction over the person. The concept means the court has jurisdiction over the person, meaning s/he is within the geographical area the court operates in. State vs. Miller is an example.

Interesting, the court may have in rem jurisdiction without in personam jurisdiction, and vice versa. That's why they are spoken of separately. They may have jurisdiction over the car, but not over the owner, and the reverse.

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Answered on 9/06/00, 10:30 am


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