Recognition of Foreign Judgments Flashcards
Rendering state
State where judgment was first rendered
Enforcing state
second state in which judgment is sought
Full faith and credit rule
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
Do claim and issue preclusion apply across state lines?
YES, whenever a judgment is 1) valid 2) final and 3) on the merits, preclusion can apply
Can states refuse to enforce sister state judgments on basis of public policy grounds?
NEVER, even if ethical/legal objections
Last in time rule
When two valid final judgments are inconsistent, the MOST RECENT is entitled to full faith and credit
Are erroneous judgments entitled to full faith and credit?
YES!! They are still valid
Validity definition
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
Extrinsic fraud judgments
Judgments made on basis of extrinsic fraud (e.g. bribing judge) are NOT entitled to full faith and credit
Must penal judgments be enforced?
NO, penal judgments (punishment for offense against public) do not need to be enforced under full faith and credit
Final judgment definition
No outstanding appeals
Judgment is NON-MODIFIABLE
On the merits definition
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
Workers Comp Full Faith and Credit
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
Divorce decree
Divorce is a judgment
At least 1 spouse must be domiciled in state
Bilateral divorce decree
When court has personal jurisdiction over both spouses
Entitled to full faith and credit
Ex parte divorce: definition and requirements
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
Divisible divorce doctrine
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
UCCJEA custody rules
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
When is UCCJEA custody decision modifiable by new state?
Only if 1) original state no longer has significant connection to child or parents AND
2) new court meets test for exclusive jdx
Are foreign country judgments subject to full faith and credit?
NO, but usually enforced as matter of comity (mutual respect among sovereigns)
Can US refuse to enforce foreign nation judgments?
yes, when underlying laws REPUGNANT to public policy
Uniform Foreign Money Judgment Recognition Act
Adopted in most states
Foreign money judgments enforceable in same manner as sister state judgments
Does NOT include non-money judgments
