How do courts achieve in personam jurisdiction?
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Before the court can render a decision affecting a person, the court must have in personam jurisdiction (jurisdiction over the person). In personam jurisdiction is the power to render a decision affecting the specific persons before the court. When a person files a lawsuit, that person, called the plaintiff, gives the court in personam jurisdiction over him or her. By filing a case, the plaintiff is asking the court to make a ruling affecting his or her rights. The court must acquire jurisdiction over the party being sued, the defendant, by serving him or her with a copy of the plaintiff's complaint and a summons. Personal service, whereby a sheriff or other person appointed by the court hands the summons and complaint to the defendant, has been the traditional method of service. Today, other types of service are more common. Residential service may be used, whereby the summons and complaint are left by the representative of the court with a responsible adult at the home of the defendant. Certified mail or, in some cases, ordinary mail are also used to serve defendants. Once the defendant has been properly served, the court has in personam jurisdiction over him or her and may render a decision affecting his or her legal rights, regardless of whether the defendant responds to the complaint.
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