Conflict of Laws-- Recognizing foreign judgments Flashcards
when do you look for a conflict of laws issue?
when a conflict involves multiple states
when is conflicts of law tested?
1) recognition of judgments and
2) choice of law
when does a recognition of judgment question arise?
1) a judgment has been made by one jurisdiction AND
2) when a party is seeking to have that judgment recognized in another jurisdiction.
What is the name of the place where the judgment was originally entered?
the rendering jurisdiction
what is the name of the place where recognition is sought?
the recognizing jurisdiction
why might a plaintiff seek recognition of a foreign judgment?
to access enforcement mechanisms in the recognizing state
why might a defendant seek recognition of a foreign judgment?
to prevent a plaintiff from relitigating a claim or an issue
why must a sister state recognize a judgment made in the rendering state?
the sister state is obligated to recognize the judgment under the full faith and credit clause.
how is the full faith and credit clause satisfied?
1) jurisdiction–rendering state must have jurisdiction over the parties and SJ
2) judgment must be based on the merits
judgements not based on the merits are:
1) PJ
2) Improper venue
3) mis-joinder
4) demurrer/failure to state a claim
NOTE: default and consent judgments are on the merits
3) Finality–most common application is a judgment on appeal at the rendering jurisdiction
What are valid defenses to full faith and credit?
2 Extrinsic fraud– fraud that could not be corrected within the normal operation of the judicial proceedings
Valid defense #1 Penal judgment– a penal judgment is not entitled to full faith and credit
a penal judgment punishes an offense against the public
What are some attractive but invalid defenses?
1 public policy– just because the recognizing state is uncomfortable with the public policy of the sister state, e.g. gambling, doesn’t mean that it won’t be granted FFC.
#2 mistake of law-- these judgments are still enforceable rationale-- if mistakes were made they should have been rectified in the appeals stage.
What is the source of the obligation to recognize Foreign judgments?
Comity or treaty
what questions may the recognizing court ask?
Many of the FFC questions, but also:
1) did the foreign court have jurisdiction?
2) were procedures in the foreign court fair?
