Full Faith and Credit

Question 1

Courts MUST give full faith and credit to the

Answer 1

judicial proceedings of every U.S. state and territory, UNLESS there is a valid defense to recognition or enforcement.

Question 2

Courts MUST give full faith and credit to the judicial proceedings of every U.S. state and territory, UNLESS there is a valid defense to recognition or enforcement. Such defenses include:

Answer 2

Lack of Jurisdiction.

Fraud.

Not on Merits.

AND/OR

Lacking Finality.

Question 3

As to lack of Jx regarding FFC clause, a court is

Answer 3

NOT required to enforce the judgment of another court if the other court:

Lacked valid jurisdiction (personal or subject matter jurisdiction);

AND

The party challenging the judgment did not litigate the jurisdictional issue in the other court.

Question 4

As to fraud regarding FFC clause, a court is

Answer 4

NOT required to enforce the judgment of another court if the other court’s judgment was procured by fraud (e.g., bribery of judicial officers, perjury, etc.).

Question 5

As to “not on merits” regarding FFC clause, a court is

Answer 5

NOT required to enforce the judgment of another court if the other court’s judgment was not entered on the merits (e.g., case is dismissed for lack of subject matter jurisdiction).

Question 6

As to lacking finality regarding FFC clause, a court is

Answer 6

NOT required to enforce the judgment of another
court if the other court’s judgment was not final (e.g., judgments on appeal).