Recognition of Foreign Judgments Flashcards
3 Question for Foreign Judgments
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?
Full Faith and Credit Requirements
1) must have been proper jurisdiction in the rendering court
2) the judgment must be on the merits
3) the judgment must be final
FF&C Proper Jurisdiction
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
FF&C Judgment “On the Merits”
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.
FF&C “Final Judgment”
Modifiable judgments are usually not final
although something that is potentially modifiable such as child support can still be final
Sufficient Defenses against FF&C
1) judgment is a penal judgment
2) the judgment is subject to an equitable defense in the rendering state
Insufficient Defenses against FF&C
1) tax judgments
2) judgment is contrary to public policy
3) rendering court made a mistake of law or fact
Effect of Recognition of Sister State Judgment
1) Res Judicata Effects
2) Mutuality
Res Judicata Effects
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
Mutuality
Collateral Estoppel to 3rd parties is a case by case determination
Enforcement of the Judgment
If FF&C then must be enforced even if erroneous. Law of enforcing state governs the method of enforcement.
Judgments of Federal Courts as Administrative Tribunals
entitled to FF&C
Recognition of Foreign Country Judgments
1) Comity - voluntary recognition and discretionary - look for jurisdiction and fair procedures
2) UFCMRA - sum of money recovery, not taxes, penal, for child support
Divorce FF&C
Get FF&C if jurisdictional requirements are met.
Ex Parte Divorce
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