Recognition of Foreign Judgements

Question 1

What court can decide a case?

Answer 1

1. Does the court has jdx?
2. Has the court asserted the doctrine of forum non conveniens? (venue should lie elsewhere)

Question 2

Full Faith and Credit Clause

Answer 2

• Judgements rendered by state court are to be recognized and enforced in other states as a matter of right
• These judgements = defense as action already adjudicated

Question 3

Inquiry of Full Faith and Credit Problem

Answer 3

1. Requirements met?
2. Defenses?
3. Effects of recognition?

Question 4

Full Faith and Credit: Requirements

Answer 4

1. Proper jdx
2. Judgement based on merits
3. Judgement is final

Look to law of state in which judgement was rendered

Question 5

bootstrap doctrine

Answer 5

• Exception to proper jdx requirement
• Erroneous but fully and fairly litigated jurisidction question fulfills this requirement

Question 6

Special Issues on Whether Judgement Is Based on the Merits

Answer 6

• Based on substance: merits
• Based on procedure: not merits
• Motion to dismiss: not merits
• Default or consent judgements: merits (claim preclusion only)

Question 7

FFC Defenses: penal judgements

Answer 7

• Punishment of an an offense against the public
• Does not include punishment for tax violation
• Does not include civil judgement based on penal case

Question 8

FFC Defenses: Equitable Defense in Rendering State

Answer 8

• If enforcement of judgement would be subject to equitable defenses in rendering state, these defense will be recognized
• Most common: extrinsic fraud

Question 9

FFC Defenses: Inconsistent Jugdements

Answer 9

• Inconsistent judgements b/w same parties re: same cause of action
• Courts often recognize “last judgement”

Question 10

FFC Defense: Public Policy

Answer 10

SCOTUS has said that there is NO public policy defense

Question 11

Effect of Recognition in Sister State

Answer 11

1. Res judicata effects?
2. Who will be bound by former judgement? (parties and privies)

Question 12

Res Judicata Effects: Merger and Bar

Answer 12

Merger: cause of action merged into final judgement; P cannot sue under same cause of cation, D cannot relitigate merits

Bar: if found in favor of D, P cannot sue D for same cause of action

Question 13

“same cause of action” tests

Answer 13

1. Is it claimed that the same right has been infringed by same wrong in both proceedings?
2. Are the supporting facts in both cases the same?
3. Are the same legal principles applicable to both proceedings?

Question 14

Res Judicata Effects: Collateral Estoppel

Answer 14

Requirements
1. Issue of fact must have been actually litigated in prior proceeding
2. It must have been essential to first judgement

Can third party rely on collateral estoppel?
* Traditionally, no
* Modern approach: case-by-case

Synonymous with issue preclusion

Question 15

Uniform Enforcement of Foreign Judgements Act

Answer 15

Judgment creditor can file properly authenticated judgment from rendering state –> state must enforce BUT enforcement subject to sister state’s procedures and defenses

See Baker v. General Motors Corp.

Question 16

FFC Applied to Federal Courts

Answer 16

• FFC is only applicable between states, but existing statute provides it applies to federal courts, too
• If b/w federal courts, judgement registered in second state (no addtional suit needed)

Question 17

FFC Application to Admin. Adjudications

Answer 17

Extends to admin adjuducations

Question 18

Recognition of Foreign Country Judgements

Answer 18

U.S. has treaties with some countries re: recognition

Comity: voluntary recognition
1. Did foreign state have jdx?
2. Fair procedures used?

Enforced the same as sister state’s judgement

Question 19

Uniform Foreign-Country Money Judgements Recognition Act

Answer 19

Encompasses any foreign judgement re: sum of money other than judgment for taxes, alimony, child support, and penal judgments

Question 20

Recognition of Divorce Judgements

Answer 20

Will give FFC if
1. Sister state had proper jurisdiction
2. Decree valud in sister state