Foreign Judgments

Question 1

What is a Foreign Judgment?

Answer 1

An out-of-state court whether the court is one in a sister state or a foreign country

Question 2

Sister State Judgments (Full Faith and Credit Clause)

Answer 2

• Judgments rendered in the courts of one state must be given full force in the courts of another state so long as the rendered judgment was a final valid judgment on the merits.
• Courts cannot refuse to enforce a judgment if it is contrary to the strong public policy of the forum state

Question 3

Sister State Judgments: When is a Judgment Valid?

Answer 3

When the rendering court properly exercised its jurisdictional authority over the parties and the SM.

Question 4

Sister State Judgments: When is a Judgment Final?

Answer 4

Judgments are not final if they are modifiable in the rendering state (such as a custody decree)

Question 5

Sister State Judgments: When is a Judgment “on the Merits”?

Answer 5

When they resolve the substantive issues of a dispute (therefore, a default judgment will not be recognized by a foreign state).

Question 6

Judgments of a Foreign Country

Answer 6

State court is guided by the principles of comity. Will not enforce a judgment if the proceeding in the foreign country did not meet norms of procedural fairness.