Foreign Judgements

Question 1

How do states approach sister-state judgements

Answer 1

A judgement from the courts of one state must be given full force in the courts of another state if it was a final judgement on the merits of the case

Question 2

When is a judgement deemed to be on the merits?

Answer 2

A judgement is on the merits if it resolves a substantive issue of a dispute

Question 3

When is a judgement not deemed a final judgement for purposes of being honored by other states?

Answer 3

A judgement is not final if it could be modified in the rendering state?

Question 4

What are insufficient grounds for a forum court to refuse to enforce a final judgement on the merits issued by a sister state?

Answer 4

A forum court cannot refuse to enforce final judgements on the merits issued by a sister state on the grounds that:
1. the forum state is interested in the outcome
2. the judgement was wrongly rendered
3. the judgement is contrary to the strong public policy of the forum state

Question 5

When will courts decline to honor judgements of a foreign country?

Answer 5

State courts generally won’t enforce judgements from foreign nations if that proceeding didn’t meet norms of procedural fairness.