Recognition of Foreign Judgments

Question 1

What does it mean to give Full Faith & Credit to a foreign judgment?

Answer 1

If a valid judgment is rendered by a court that has jurisdiction over the parties, and the parties receive proper notice of the action and have a reasonable opportunity to be heard, the judgment will receive the same effect in other states as it receives in the state where it was rendered.

Question 2

Federal Court recognizing State Court JMs

Answer 2

Federal courts MUST give full faith & credit to state court judgments.

Question 3

State Court recognizing Federal Court JMs

Answer 3

If a Fed Ct with diversity JD over an action issues a JM, a state court MUST give such JM the same res judicata effect that the JM would have been given by the courts of the state where the federal court was located.

(This is the Klaxon Rule)

Question 4

What does comity refer to?

Answer 4

US Courts have discretion to decide whether to recognize foreign country judgments.

Question 5

Uniform Foreign Money-Judgments Recognition Act

Answer 5

Covers foreign JMs that grant or deny specific lump sums of money, but excludes JMs for taxes, alimony or child support and penal JMs.