1. Recognition of Judgments Flashcards
Why might a party seek recognition of an existing judgment?
- Plaintiffs will most often seek recognition in order to access enforcement mechanisms in the rendering state.
- Defendants will most often seek recognition to prevent a plaintiff from relitigating a claim or an issue.
The requirements for full faith and credit
- The rendering state must have had jurisdiction over the both the parties and the subject matter.
- The judgment entered by the rendering state must have been on the merits.
- The judgment entered by the rendering court must be a final judgment.
When does a court not need to determine if jurisdiction was proper in a full faith and credit analysis?
When the issue of jurisdiction has been fully and fairly litigated, then the jurisdictional determination is itself entitled to full faith and credit.
Are default judgments considered on the merits?
Yes
Laura sues George for divorce in Pennsylvania, and the court there enters a divorce decree that includes $1,000 in modifiable alimony payments. George then moves to New York, and Laura files a suit there and seeks to have the Pennsylvania decree recognized and enforced. What result?
The Pennsylvania decree is final as to past payments but not final as to future payments.
What law is applied in a full faith and credit case?
The law of the rendering state
Defenses to the full faith and credit clause
- Penal judgments - A penal judgment is not entitled to full faith and credit.
- Extrinsic fraud - A judgment obtained by extrinsic fraud is not entitled to full faith and
credit.
What is a penal judgment?
A penal judgment is one that punishes an offense against the public.
What is extrinsic fraud?
Extrinsic fraud is fraud that could not be corrected within the operation of the trial.
Is a violation of public policy a valid defense to full faith and credit?
No
Are mistakes valid defenses to full faith and credit?
No
