What are the differences between in personam and in rem jurisdiction in international litigation?

In personam jurisdiction is the power of a court to decide a case against a person. It is based on a person’s presence in, or connection to, a particular state or country. This typically occurs when a defendant has personal ties to a court’s jurisdiction, such as having an established business or living in the state. In rem jurisdiction, on the other hand, is the power of a court to decide a dispute about property. This jurisdiction is based on the location of the property, not the connection of a particular person to the court. Generally, the state or country where the property is located may have in rem jurisdiction. In international litigation in California, in personam jurisdiction gives courts the power to require a person to appear and present themselves to the court. The person must have some kind of connection to the court’s jurisdiction, such as residing in California or having businesses within the state. In rem jurisdiction gives California courts the power to decide disputes about property located within the state. This might include a dispute over ownership of a business, a house, or other piece of real estate located in California. It is important to note that in personam and in rem jurisdiction can overlap in international litigation when there is both a person and a piece of property tied to the dispute. In this case, the court may have both in personam and in rem jurisdiction.

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What are the differences between in personam and in rem jurisdiction in international litigation?

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