Conflict of Laws: Recognition of Judgments

Question 1

Spotting a Recognition of Judgments Question

Answer 1

i. In fact pattern, they will tell you that a judgment has been rendered in one jurisdiction
ii. In call of question line they will tell you that one of the parties is seeking to have it recognized in a second jurisdiction
iii. Exam Terminology Note: On the exam refer to the state handing the judgment down as the “rendering “ state; the state called upon to recognize and enforce it as the “recognizing

Question 2

Threshold Recognition of Judgments Exam Inquiry

Answer 2

i. Ask: is it a domestic or foreign country judgment that requires recognition?
1. In the past it has always been a domestic judgment from sister state

Question 3

Federal/State Courts

Answer 3

i. The same rules apply for state and federal courts. By Statute (28 USC Sec 1738), federal courts are required to recognize state judgments to the same extent as the state courts.
1. State courts are required to recognize federal judgments under the Supremacy Clause.

Question 4

Full faith and Credit

Answer 4

i. Step One; Are the three full faith and credit requirements satisfied?
ii. Determine if there are any good defenses to full faith and credit

Question 5

Harvey sues Louis in State X. Louis contests personal jurisdiction in State X and loses. Harvey wins a judgment against Louis in State X and seeks to enforce that judgment in State Y. Can Louis now contest (again) in State Y whether State X had personal jurisdiction over him?

Answer 5

No he had his chance to fight PJ

Question 6

Harvey sues Louis in State X. Louis chooses not to appear in the State X proceeding. Harvey wins a default judgment against Louis in State X and seeks to enforce that judgment in State Y. Can Louis now contest in State Y whether State X had personal jurisdiction over him?

Answer 6

Yes he gets a chance to fight PJ because he didn’t take the bite out of apple

Question 7

Harvey’s case against Louis was dismissed in State X because the statute of limitations had run. Harvey tries to bring the same lawsuit against in State Y and Louis asserts the earlier judgment against him as a bar. Result?

Answer 7

No SoL is not on the merits—you can file again somewhere else. Usually everything else is on the merits

Question 8

Harvey obtains a default judgment against Louis in State A. Can he enforce it in State B?

Answer 8

Yes Default judgments are “on the merits”

Question 9

Harvey obtains a judgment against Louis in State A and seeks to enforce it against him in State B. Jurisdiction was proper under State A law, but would not be proper under State B law. Result?

Answer 9

State A Rendering state law governs

Question 10

Louis obtained a judgment against Harvey by perjuring himself. Can Harvey use this as a good defense to recognition of the judgment?

Answer 10

NO this could be dealt with during trial (intrinsic fraud)

Question 11

Louis obtained a judgment against Harvey by bribing the judge. Can Harvey use this as a good defense to recognition of the judgment?

Answer 11

Yes this could not be dealt with during trial (extrinsic fraud).

Question 12

In NV, gambling debts can be enforced; KS has a public policy against gambling and would never permit such lawsuits. Stephen gets a judgment against A to enforce a gambling debt in Nevada. Can he enforce the judgment in KS?

Answer 12

Yes –recognizing state’s PP is irrelevant

Question 13

Foreign Country Judgments

Answer 13

i. Foreign country judgments are NOT entitled to full faith and credit. A state may voluntarily choose to recognize a foreign judmgnet, however, as a matter of comity. The recognizing court will specifically look to see if our “fairness” standards have been satisfied Both in terms of:
1. Whether PJ was proper (‘minimum contacts” type jurisdictional analysis)
2. Whether “fair procedures” were used during the earlier litigation

Question 14

Family law Judgments

Answer 14

Three types of Family Law judgments

1. Divorce Decrees
2. Ancillary Matters involving property
3. Child custody awards

Question 15

Divorce Decrees - Determine if Legislative Jurisdiction was proper

Answer 15

TEST: At least one spouse must be domicile in rendering state

Question 16

Ashton and Cameron live in MO. They go to Nevada and secure a divorce claiming theyre Nevada domiciliaries even though they are not. Is the divorce valid?

Answer 16

No they are not domiciliaries

Question 17

Same facts as above but right after Ashton and Cameron get their Nevada divorce, Cameron wins a jackpot. Ashton claims to be entitled to one half of the jackpot on the grounds that he is still married to Cameron since the divorce was invlaid. Result?

Answer 17

Can’t challenge because he was part of the fraud.

Question 18

Estoppel Checklist: persons estopped from challenging the domicile finding in a subsequent/collateral proceeding

Answer 18

a. Persons who appeared in the earlier proceeding
b. Persons who chose not to appear in the earlier proceeding but who were subject to PJ in the earlier proceeding
c. Persons who were in privity with parties to the earlier proceeding (eg children) or persons who marry in reliance on the earlier proceeding

Question 19

Who is allowed to challenge the domicile finding in a subsequent (collateral) proceeding?

Answer 19

An absent spouse over whom the court did not have PJ

Question 20

A and C live in State A. A moves to state B, establishes domicile there, provides C with notice, and secures an ex parte divorce. C has never been to State B in her life. She seeks to challenge the State B divorce-Result?

Answer 20

Divorce is valid—A established domicile

Question 21

A and C live in State A. A goes to State B and secures ex parte divorce claiming that he is a State B domicile even though, in fact, he is not. C has never been to State B in her life. She seeks to challenge the State B divorce. Result?

Answer 21

Divorce is invalid and nullified because Ash is not domicile. She wasn’t party to fraud.

Question 22

A and C live in State A. A goes to State B and files for divorce. C appears at the State B divorce proceedings. A claims that he is a State B domicile even though, in fact, he is not. C fails to demonstrate this point to the court and the divorce is finalized. C now seeks to collaterally challenge the State B divorce. Result?

Answer 22

Divorce will be upheld she failed to challenge

Question 23

Ancillary Matters Involving Property –Determine if PJ was proper

Answer 23

a. Jurisdiction is proper if there PJ over the spouse whose property rights were at issue.
b. Key statute for spousal & child support: UIFSA (Uniform Interstate Family Support Act).

Question 24

Child Custody

Answer 24

1. Determine is SMJ was proper
2. For child custody awards, jurisdiction is proper if the rendering court is that the child’s home state. The child’s home state is defined as the state where the child has lived for the last six months

Question 25

A and C live in State A. They have two children. C goes to State B without the children, establishes domicile and secures a divorce in a proceeding without PJ over A. The court also awards her $1000 per month of spousal support and custody of the children. Is this State B judgment valid?

Answer 25

a. Divorce Decree? Yes—C is domicile of forum state
b. Property Award? NO – No PJ over husband
c. Custody Award? NO – State A is the home state of children.

Question 26

A and C live in State A. they have two children. C goes to State B with the children, establishes domicile and stays there for six months. She secures a divorce in a proceeding without PJ over A. The court also awards her $1,000 per month of child support and custody of children. Is this State B judgment valid?

Answer 26

a. Divorce Decree? Yes C is domicile of forum state
b. Property Award? No; No PJ over husband
c. Custody Award? Yes State B is the home state of children

Question 27

Same facts as above. After C was awarded primary custody of children in State B, A decides that he would like to see more of the children and seeks a modification of the State B child custody order. Where must he seek that modification?

Answer 27

Must seek modification in State B

Question 28

The Domicile Issue

Answer 28

Two Part Test

a. Physical Presence in a Place
b. Intent to be domiciled in that place