What is the difference between a judgment in rem and a judgment in personam?
A judgment in rem is a court order that binds a particular piece of property regardless of who owns it, and it is enforced by execution against the property itself. A judgment in personam is a judgment against a particular person and is legally binding on him or her. In Delaware, a judgment in rem is a legal ruling about a specific piece of property located in Delaware, such as a house or car. This judgment binds the property itself, not the person that owns it. For example, if an appellate court in Delaware ruled that a specific property must be sold, that ruling would be considered a judgment in rem and the property would have to be sold regardless of who owns it. A judgment in personam, on the other hand, is a judgment against an individual person and is legally binding on that person. This type of judgment is usually made in international litigation cases in Delaware. In an international litigation case, if a court in Delaware makes a ruling that affects a particular individual from another country, this would be considered a judgment in personam and would be binding on that person, regardless of their location. In conclusion, a judgment in rem is a court ruling affecting a specific piece of property located in Delaware, while a judgment in personam is a court ruling affecting an individual person, usually in an international litigation case. Both judgments are legally binding on those to whom they apply, and are enforced in Delaware.
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