6 - recognition of foreign judgments

Question 1

recognition of foreign judgments

Answer 1

Judgments of courts of sister American states
Federal district courts and state courts
Judgments of foreign countries
Family law judgments

Question 2

recognition of foreign judgments

judgments of courts of sister American states

Answer 2

Full Faith and Credit Clause
Exceptions to FF&C
Defenses to enforcement

Question 3

recognition of foreign judgments
judgments of courts of sister American states
Full Faith and Credit Clause

Answer 3

The Full Faith and Credit Clause requires the courts of a state to give the same effect to the judgment of a sister state’s court that the rendering court would give it.

Question 4

recognition of foreign judgments
judgments of courts of sister American states
Exceptions to FF&C

Answer 4

1. Lack of jdx (lack of SMJ or PJ) - If court lacked jdx, FF&C is not required.
   if jdx was already litigated, that outcome remains
2. Lack of finality - FF&C only applies to final judgments. (Many equitable decrees - like an injunction - are never final)
3. Judgment was not on the merits - Only judgments on the merits warrant FF&C. (will also include summary judgment, 12(b)(6); won’t be on the merits for misjoinder of parties or lack of jdx)

Question 5

recognition of foreign judgments
judgments of courts of sister American states
defenses to enforcement

Answer 5

1. Penal judgments are not enforced. A penal judgment is one imposed as a punishment for an offense against the public.
2. Extrinsic fraud (when recognized as a defense by the rendering state): Fraud by a party or her atty that caused the other party not to present a case fully or to comply with procedural requirements in the prior action.
   (Intrinsic fraud - use of perjured testimony in the prior action - is NOT a defense.)

Question 6

recognition of foreign judgments

federal district courts and state courts

Answer 6

While FF&C does not apply, federal statutes require similar recognition of judgments between state and federal courts.

Question 7

recognition of foreign judgments

judgments of foreign countries

Answer 7

1. State law governs (unless there is an applicable treaty - not very likely.
2. Comity - enforce judgment as a matter of comity
   Most states will give effect IF
   a. Court that rendered judgment must have jdx
   b. Judgment must be made on basis of regular and just proceedings
   c. (minority) Only if that country enforces our judgment
3. Uniform Foreign-Money-Judgments Recognition Act - treats foreign country’s money judgments just like sister state judgments, but it does not apply to judgments for taxes, penal judgments, or judgments for alimony or support.

Question 8

recognition of foreign judgments

family law judgments (4 types)

Answer 8

judgment of divorce
judgment for alimony and property rights
child support decrees
divisible divorce decree

Question 9

recognition of foreign judgments
family law judgments
judgment of divorce

Answer 9

In order for judgment of divorce to receive FF&C, rendering court must have had SMJ.
Jdx is satisfied if one spouse was domiciled in the rendering state.

Question 10

recognition of foreign judgments
family law judgments
judgment for alimony and property rights

Answer 10

In order for judgment for alimony and property rights to receive FF&C, rendering court must have PJ over the spouse whose rights are being determined.

Question 11

recognition of foreign judgments
family law judgments
child custody decrees

Answer 11

Uniform Child Custody Acts provide that a state’s custody decree will be recognized if that state qualifies as the child’s home state.

Question 12

recognition of foreign judgments
family law judgments
divisible divorce decree

Answer 12

If a decree has some parts that are valid that must be recognized and some parts that are not valid that must be ignored, then you recognize the good parts and ignore the bad.