Full Faith and Credit Flashcards
When will a judgment be given full faith and credit by a sister state?
When the judgment is
- a final judgment (no outstanding appeals)
- made on the merits AND
- issued by a court with jurisdiction.
What are the defenses to application of the full faith and credit clause?
- It was a penal (criminal) judgment
- The judgment was based on extrinsic fraud
What is res judicata?
Claim preclusion. A final judgment on the merits by a court with jurisdiction is entitled to the same effect in other states as it would have in the original or home state that decided the judgment.
What are the two types of claim preclusion/res judicata?
- Merger: when the plaintiff obtained the original judgment and sek to prohibit the defendant from relitigating the merits
- Bar: when the defendant obtained the original judgment and seeks to preclude the plaintiff from filing another suit for the same cause of action in another state.
What is collateral estoppel?
Issue preclusion. Eliminates the opportunity for parties to relitigate the issues in a subsequent suit.
When will issue preclusion (collateral estoppel) apply?
- A substantive issue of the case at hand was actually litigated in the previous case.
- The issue was necessary to supporting the judgment in the initial proceeding.
- AND the parties claiming collateral estoppel were either a party in the first case or were in privity with the party (they had the full and fair opportunity to litigate the issue)
How will a judgment be enforced?
According to the forum state’s laws.
Does full faith and credit apply to federal judgments?
Yes, as wel as administrative adjudications.
Are international judgments subject to the full faith and credit clause?
No, but comity exists instead.
- If an international judgment grants or denies a specific lump sum of money, Pennsylvania will give the judgment full faith and credit.
- UNLESS about taxes, penal judgments, or alimony/child support.
