Full Faith and Credit

Question 1

Full Faith and Credit Clause

Answer 1

Under the FCC a state court judgment must be recognized and enforced in other states unless there is a valid defense to recognition or enforcement

Question 2

What are the three valid defenses to the FCC?

Answer 2

Lack of jx
Not on the merits
No final judgment

Question 3

What are the requirements of the “lack of jx” defense to the FCC?

Answer 3

• Prior court did not have proper pjx or smjx

- Party challenging prior court judgment did not litigate the jx issue in the prior court

Question 4

When does the “not on the merits” defense to the FCC apply?

Answer 4

when the judgment did not involve the substance of Plaintiff’s claim (e.g., dismissed for lack of SMJ)

Question 5

When does the “no final judgment” defense to the FCC apply?

Answer 5

when further action by the court is needed to resolve the litigation

Question 6

What happens if there are two or more prior valid judgments?

Answer 6

The last judgment rendered is entitled to full faith and credit