Recognition of Foreign Judgments

Question 1

Hitlon v. Guyot (France - reciprocity)

Answer 1

money judgment against a US citizen sought to be enforced in the US.

Supreme Court held if France will not recognize our judgments, we will not recognize theirs.

This case is no longer the law: very few courts will refuse to recognize foreign judgments on reciprocity grounds

Question 2

Whether to recognize foreign judgment

Answer 2

In rem judgments (marital status, property, etc.)
i. These are matters that should be recognized because they are so fundamental to the ordering of society.

In personam judgments

i. We should ask more questions about these judgments
1) Due process?
2) Full and fair hearing?
3) System of proper jurisprudence?

Question 3

Default Judgments

Answer 3

We should not enforce a judgment of a foreign court when that judgment was rendered in default because the defendant challenged personal jurisdiction.

Question 4

Dicta from Hitlon gives factors

Answer 4

1. competent court
2. having jurisdiction of the cause and parties
3. opportunity to defend
4. proceedings are according to the course of civilized jurisprudence
5. clear and formal record

Will not be accepted if was affected by fraud or prejudice.