1. Recognition of Judgments (Due Process Clause 14A)

Question 1

What is required to satisfy full faith and credit for enforcing state judgments in sister states?

Answer 1

1) Proper jurisdiction (Rendering jurisdiction)
- PJ + SMJ
- Fully + fairly litigated (NO PJ + SMJ required)

2) On the merits
- Default/Consent judgments
- NOT lack of jurisdiction/capacity/misjoinder/improper venue/time bars

3) Final
- Future instalments
- Not modifiable

Question 2

What defences are available to prevent enforcement of state judgments in sister states?

Answer 2

Penal jugment

Extrinsic fraud

Question 3

What defences are not available to prevent enforcement of state judgments in sister states?

Answer 3

Mistake of fact/law

Contrary to public policy

Tax judgment

Question 4

What are the effects of enforcing state judgments in sister state?

Answer 4

Res judicata (claim preclusion)

• Merge claims (Claimant won)
• Bar claims (Defendant won)

Collateral estoppel (issue preclusion)
- Issue was fully litigated + essential

Question 5

Which law will govern the method of enforcing state judgments in sister state?

Answer 5

Law of sister state

Question 6

What is required for awarding full faith and credit to enforce divorces?

Answer 6

Ex parte divorce

1) At least one spouse is domiciled in rendering state (SMJ)
2) Personal jurisdiction over one spouse (PJ)

Bilateral divorce

1) At least one spouse is domiciled in rendering state (SMJ)
2) Personal jurisdiction over both spouses (PJ)

Question 7

What terms may ex parte divorce judgments determine?

Answer 7

Alimony

Child support

Property

NOT child custody

Question 8

What terms may bilateral divorce judgments determine?

Answer 8

Child custody
- Rendering state must have home state jurisdiction (UCCJEA)

Property
- Rendering state must have minimum sufficient contact with Defendant or Property

Question 9

Which parties are estopped from challenging divorce judgments?

Answer 9

Prior proceedings parties

Privies (siblings, issues)

Strangers

Question 10

What is required for enforcement of marriages in sister states?

Answer 10

Must be valid in celebrated state

Question 11

What is required for marriage to become void?

Answer 11

Parties violated public policy in party’s domicile
- Polygamy/Incest/Lack of capacity

UNLESS third state recognises marriage