Recognition of Foreign Judgments

Question 1

Rendering state

Answer 1

State where judgment was first rendered

Question 2

Enforcing state

Answer 2

second state in which judgment is sought

Question 3

Full faith and credit rule

Answer 3

judgment from another state MUST be given same effect that it would be given by courts of the rendering state

Protects ALL KINDS of judgments

Question 4

Do claim and issue preclusion apply across state lines?

Answer 4

YES, whenever a judgment is 1) valid 2) final and 3) on the merits, preclusion can apply

Question 5

Can states refuse to enforce sister state judgments on basis of public policy grounds?

Answer 5

NEVER, even if ethical/legal objections

Question 6

Last in time rule

Answer 6

When two valid final judgments are inconsistent, the MOST RECENT is entitled to full faith and credit

Question 7

Are erroneous judgments entitled to full faith and credit?

Answer 7

YES!! They are still valid

Question 8

Validity definition

Answer 8

rendered by a court with proper jurisdiction

If court did not have proper jdx, judgment invalid and NOT entitled to full faith and credit UNLESS jdx not litigated in original action

Question 9

Extrinsic fraud judgments

Answer 9

Judgments made on basis of extrinsic fraud (e.g. bribing judge) are NOT entitled to full faith and credit

Question 10

Must penal judgments be enforced?

Answer 10

NO, penal judgments (punishment for offense against public) do not need to be enforced under full faith and credit

Question 11

Final judgment definition

Answer 11

No outstanding appeals

Judgment is NON-MODIFIABLE

Question 12

On the merits definition

Answer 12

Substantive issues decided by a court

Includes: judgment after trial, summary judgment, dismissal on merits, default judgment

Excludes: dismissals for lack of jdx, dismissals without prejudice

Question 13

Workers Comp Full Faith and Credit

Answer 13

When employee gets award in state A, he can still get another award in state B UNLESS state A bars additional recovery with UNMISTAKEABLE LANGUAGE

Question 14

Divorce decree

Answer 14

Divorce is a judgment

At least 1 spouse must be domiciled in state

Question 15

Bilateral divorce decree

Answer 15

When court has personal jurisdiction over both spouses

Entitled to full faith and credit

Question 16

Ex parte divorce: definition and requirements

Answer 16

When court has personal jurisdiction over only one spouse

Party seeking divorce must establish domicile + minimum duration of residency

Decree itself is still entitled to full faith and credit despite lack of PJ over other spouse

Question 17

Divisible divorce doctrine

Answer 17

Full faith and credit for ex parte divorce applies ONLY to divorce decree itself

Other orders related to divorce including property, alimony, custody, and child support require PJ over BOTH spouses

Question 18

UCCJEA custody rules

Answer 18

Uniform Child Custody Jurisdiction and Enforcement Act

One state gets EXCLUSIVE jdx over initial custody decision (usually child’s home state or domicile)

Other states must give full faith and credit

Question 19

When is UCCJEA custody decision modifiable by new state?

Answer 19

Only if 1) original state no longer has significant connection to child or parents AND
2) new court meets test for exclusive jdx

Question 20

Are foreign country judgments subject to full faith and credit?

Answer 20

NO, but usually enforced as matter of comity (mutual respect among sovereigns)

Question 21

Can US refuse to enforce foreign nation judgments?

Answer 21

yes, when underlying laws REPUGNANT to public policy

Question 22

Uniform Foreign Money Judgment Recognition Act

Answer 22

Adopted in most states

Foreign money judgments enforceable in same manner as sister state judgments

Does NOT include non-money judgments