LAW 607 Lecture Notes - Lecture 7: In Personam, Due Process, Quasi
1 Jun 2020
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For a court to have binding jurisdiction to hear a case there must be both (1) subject. The due process clause of the constitution creates personal jurisdiction. The s. ct. has interpreted the clause to give us the limits of due process. Definition: a court"s power to execute authority over the defendant and therefore order a binding judgment on said defendant, focuses on defendant and what relation the defendant has to the state and the lawsuit. Types of personal jurisdiction (1) in personam jurisdiction: jdx over the person of the defendant. Courts with in personam jdx can give in personam judgments, which allows all assets of the d to be subject to satisfying the judgment. (2) in rem jurisdiction: jdx over property. View in personam jurisdiction as a territorial and geographical authority. No state can exercise direct jurisdiction and authority over persons or property without its territory .
