Full Faith and Credit Flashcards
What is Full Faith and Credit?
The federal courts must give full faith and credit to state-court judgments. Consequently, the
federal courts must give state-court judgments the same preclusive effect that the issuing
state would give them.
How does the Full Faith and Credit rule apply to federal court judgements?
Federal-court judgments on matters of federal law have the same preclusive effect in
state courts as in the federal courts. The preclusive effect of a federal judgment in a
diversity case is governed by federal common law, which typically requires applying the
preclusion law of the state where the issuing federal court sits.
Do states give full faith and credit to a bilateral divorce?
Yes
Do states give full faith and credit to an ex parte divorce?
the courts of the state in which the defendant spouse is domiciled may independently examine the issue of whether the plaintiff spouse was really domiciled in the judgment state. If they conclude that the plaintiff spouse wasn’t domiciled there, then they may decline to give the divorce judgment full faith and credit.