Foreign Judgments Flashcards
Foreign Judgments - Recognition and Enforcement - Full Faith and Credit
Full faith and credit = doctrine compelling state and federal courts to recognize the valid, final judgments of other state and federal courts. Gives the judgement the same effect it would receive in its jurisdiction of origin.
Foreign Judgments - Recognition and Enforcement - Requirements for Full Faith and Credit
Requirements for valid final judgment = parties had notice and reasonable opportunity to be heard, the court had personal jurisdiction and subject matter jurisdiction, and there is a final judgment ending the litigation by determining all issues necessary to resolve the controversy on its merits.
Foreign Judgments - Recognition and Enforcement - Defenses to Enforcement
Defenses to enforcement of foreign judgment = obtained by fraud, based on corruption or duress of judge or attorney, court lacked personal or subject matter jurisdiction, directly affects title to land in jurisdiction other than the forum state.
Foreign Judgments - Foreign Country’s Judgment
Usually enforced under principles of international comity.
Foreign Judgments - Foreign Country’s Judgment - Procedure for Enforcement
Procedure = initiate proceeding for recognition and enforcement or raise it during an ongoing proceeding.
Foreign Judgments - Foreign County’s Judgment - Common Law Comity Principles
Under common law principles, foreign country judgment cannot be recognized and enforced if: issuing court lacked personal or subject matter jurisdiction, foreign judicial system lacked impartial courts or procedures comporting with fundamental standard of fairness. Other factors considered = notice, due process, prejudice and public policy.
Foreign Judgments - Foreign Country’s Judgment - Uniform Acts
Acts = Uniform Foreign-Country Money Judgments Recognition Act, and Uniform Foreign Money Judgments Recognition Act. Both say foreign country judgments are conclusive and entitled to the equivalent of full faith and credit.
