Recognition of Foreign Judgments Flashcards

1
Q

3 Question for Foreign Judgments

A

1) have the full faith and credit requirements been meet?
2) are there any defenses to FF&C
3) what are the effects of recognizing a sister state judgment and who will be bound?

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2
Q

Full Faith and Credit Requirements

A

1) must have been proper jurisdiction in the rendering court
2) the judgment must be on the merits
3) the judgment must be final

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3
Q

FF&C Proper Jurisdiction

A

PJ over BOTH parties
AND SMJ
Exception - Boot Strap Doctrine - if jurisdiction was fully litigated and found proper then FF&C applies even if jurisdiction later found appropriate

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4
Q

FF&C Judgment “On the Merits”

A

Must be on the merits
cant be due to lack of jurisdiction, lack of capacity, misjoinder, improper venue, etc.
Default and consent judgments ARE on the merits.

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5
Q

FF&C “Final Judgment”

A

Modifiable judgments are usually not final

although something that is potentially modifiable such as child support can still be final

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6
Q

Sufficient Defenses against FF&C

A

1) judgment is a penal judgment

2) the judgment is subject to an equitable defense in the rendering state

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7
Q

Insufficient Defenses against FF&C

A

1) tax judgments
2) judgment is contrary to public policy
3) rendering court made a mistake of law or fact

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8
Q

Effect of Recognition of Sister State Judgment

A

1) Res Judicata Effects

2) Mutuality

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9
Q

Res Judicata Effects

A

1) Merger of P’s cause of action into the judgment
2) Bar against the P suing on the same cause of action when the judgment favored D
3) Collateral Estoppel as to an issue resolved in the first litigation as long as the issue is actually litigated and essential to the outcome

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10
Q

Mutuality

A

Collateral Estoppel to 3rd parties is a case by case determination

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11
Q

Enforcement of the Judgment

A

If FF&C then must be enforced even if erroneous. Law of enforcing state governs the method of enforcement.

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12
Q

Judgments of Federal Courts as Administrative Tribunals

A

entitled to FF&C

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13
Q

Recognition of Foreign Country Judgments

A

1) Comity - voluntary recognition and discretionary - look for jurisdiction and fair procedures
2) UFCMRA - sum of money recovery, not taxes, penal, for child support

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14
Q

Divorce FF&C

A

Get FF&C if jurisdictional requirements are met.

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15
Q

Ex Parte Divorce

A

1) Rebuttable Presumption of Domicile - P’s domicile assumed to be valid unless person attacking divorce judgment is can attack intent to be domiciled
2) Lack of jurisdiction - if recognizing state that has jurisdiction over both parties find ex parte divorce void on jurisdiction then no FF&C

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16
Q

Consent Divorce

A

cant both consent to PJ of a state. One spouse must be domiciled there.

17
Q

Estoppel Against Collateral Attack

A

Any interested party can attack another states divorce decree.
Except
1) parties to prior proceedings
2) privies of parties
3) persons who accept a foreign divorce and remarry in reliance

18
Q

Alimony, Property Rights, and Child Custody

A

Ex parte only grants divorce. - cant adjudicate property located within the state.
Under UCCJEA an ex parte child custody determination is enforceable if the rendering state qualifies as the childs home state

19
Q

Right to Remarry

A

Validly divorced in one state means parties can remarry in another state

20
Q

Foreign country divorce

A

Comity will extent if the domicile requirement is met.