Recognition of Foreign Judgments

Question 1

Full Faith and Credit Clause

Answer 1

Requires the courts of a state to give the same effect to the judgement of a sister state’s court that the rendering court would give it.

Question 2

Exceptions to Full Faith and Credit

Answer 2

1) Lack of jdx
2) Lack of finality
3) Judgment was not on the merits ( procedural grounds)

Question 3

Defenses to Enforcement of Full Faith and Credit Clause

Answer 3

1) Penal judgments are not enforced. A penal judgment is one imposed as a punishment for an offense against he public
2) Extrinsic fraud: fraud by a party or her attorney that caused the other party not to present a case fully or to comply with procedural requirements in the prior action

Question 4

Full Faith and Credit Clause does not apply to federal district courts, but . . .

Answer 4

federal statutes require similar recognition of judgments between state and federal courts

Question 5

Judgments of Foreign Countries

Answer 5

1) State Law Governs (absent an applicable treaty)
2) Comity
3) Uniform Foreign Money-Judgments Recognition Act

Question 6

Comity

Answer 6

Most states will recognize foreign judgments if:

1) foreign court had jdx, and
2) used regular and just proceedings,
3) Some states also require reciprocity

Question 7

Uniform Foreign Money-Judgments Recognition Act

Answer 7

Act treats foreign country’s money judgments much like sister state judgments, but it does not apply to judgments for taxes, penal judgments, or judgments for alimony or support.

Question 8

Family Law Judgments (Three Kinds)

Answer 8

1) Judgment of Divorce
2) Judgment for Alimony and Property Rights
3) Child Custody Decrees

Question 9

Judgment of Divorce

Answer 9

In order for judgment to receive full faith and credit, the rendering court must have had subject matter jdx. Jdx is satisfied if one spouse was domiciled in the rendering state

Question 10

Judgment for Alimony and Property Rights

Answer 10

To receive full faith and credit, the rendering court must have personal jdx over spouse whose rights are being determined

Question 11

Child Custody Decrees

Answer 11

Uniform Child Custody Acts provide that a state’s custody decree will be recognized if that state qualifies as the child’s home state

Question 12

Divisible Divorce Doctrine

Answer 12

If a decree has some parts that are valid and must be recognized and some parts that are not, then you recognize the good parts and ignore the bad.