Judgments

Question 1

What judgments are protected by the Full Faith and Credit Clause?

Answer 1

All judgments

Question 2

A judgment from another state must be given _______________ that it would be given by courts of the rendering state.

Answer 2

the same effect

Question 3

Is there a public policy defense to enforcing sister state judgments?

Answer 3

No

Question 4

What is the last-in-time rule?

Answer 4

If there are two inconsistent valid, final judgments, the most recent judgment is entitled to full faith and credit.

Question 5

What makes a judgment valid?

Answer 5

Rendered by a court with proper jurisdiction

Question 6

When can a judgment by a court without jurisdiction be entitled to full faith and credit?

Answer 6

If the issue of jurisdiction was not litigated in the original action

Question 7

Are judgments that are the result of extrinsic fraud entitled to full faith and credit?

Answer 7

No

Question 8

What makes a judgment final?

Answer 8

• No outstanding appeals
• Not modifiable

Question 9

For workers’ compensation, if an employee gets an award in State A, can they get a supplemental award in State B?

Answer 9

Yes, unless the law of State A bars additional recovery using unmistakable language

Question 10

What is a bilateral divorce decree?

Answer 10

When the court has personal jurisdiction over both spouses

Question 11

Is a bilateral divorce decree entitled to full faith and credit?

Answer 11

Yes

Question 12

What is an ex parte divorce decree?

Answer 12

When the court has personal jurisdiction over one party and not the other

Note: The party seeking an ex parte divorce must establish domicile in the forum state

Question 13

Is an ex parte divorce decree entitled to full faith and credit?

Answer 13

Yes, but only for the divorce decree itself

Full faith and credit is not entitled for:

• The determination of domicile
• Orders affecting property, alimony, child custody, or child support (Divisible Divorce Doctrine)

Question 14

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), one state gets exclusive jurisdiction over an initial custody decision. Is that entitled to full faith and credit?

Answer 14

Yes

Question 15

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), when can a judgment be modified by a new state?

Answer 15

If:

• The original state no longer has a significant connection to the child or parents; and
• The new court meets the test for exclusive jurisdiction

Question 16

Are foreign country judgments entitled to full faith and credit?

Answer 16

No

Question 17

Are foreign country judgments enforced?

Answer 17

Usually, as a matter of comity

Question 18

In some cases, when have American courts refused to enforce foreign country judgments?

Answer 18

When the underlying law was repugnant to the forum state’s public policy

Question 19

Uniform Foreign Money Judgment Recognition Act

Answer 19

• Foreign money judgments are enforceable in the same manner as sister state judgments
• Foreign non-money judgments are not covered by the statute
  
  • But usually enforced under comity

Note: This has been adopted in most states