Recognition of Foreign Judgments

Question 1

3 Question for Foreign Judgments

Answer 1

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?

Question 2

Full Faith and Credit Requirements

Answer 2

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

Question 3

FF&C Proper Jurisdiction

Answer 3

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

Question 4

FF&C Judgment “On the Merits”

Answer 4

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.

Question 5

FF&C “Final Judgment”

Answer 5

Modifiable judgments are usually not final

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

Question 6

Sufficient Defenses against FF&C

Answer 6

1) judgment is a penal judgment

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

Question 7

Insufficient Defenses against FF&C

Answer 7

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

Question 8

Effect of Recognition of Sister State Judgment

Answer 8

1) Res Judicata Effects

2) Mutuality

Question 9

Res Judicata Effects

Answer 9

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

Question 10

Mutuality

Answer 10

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

Question 11

Enforcement of the Judgment

Answer 11

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

Question 12

Judgments of Federal Courts as Administrative Tribunals

Answer 12

entitled to FF&C

Question 13

Recognition of Foreign Country Judgments

Answer 13

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

Question 14

Divorce FF&C

Answer 14

Get FF&C if jurisdictional requirements are met.

Question 15

Ex Parte Divorce

Answer 15

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

Question 16

Consent Divorce

Answer 16

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

Question 17

Estoppel Against Collateral Attack

Answer 17

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

Question 18

Alimony, Property Rights, and Child Custody

Answer 18

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

Question 19

Right to Remarry

Answer 19

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

Question 20

Foreign country divorce

Answer 20

Comity will extent if the domicile requirement is met.