NALA Certified Paralegal Practice Exam

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Where there is concurrent jurisdiction, to decide whether a case should be filed in state or federal court counsel should

In personam
In rem
Exclusive
Concurrent

The correct answer is: In rem

In rem jurisdiction is the legal authority of a court over a specific property, which in this case is the vacation home in Petoskey, Michigan. This is the appropriate jurisdiction to bring the legal action in because the property in question is located within the state of Michigan. The other options, in personam, exclusive, and concurrent jurisdiction, do not apply because they pertain to the parties involved in the case rather than the property in question. In personam jurisdiction is the legal authority over a person, exclusive jurisdiction is the sole legal authority over a particular matter, and concurrent jurisdiction is the shared legal authority between multiple courts. Since the vacation home is the focus of the case, in rem jurisdiction is the most suitable option.