Recognition of Foreign Judgments

Question 1

The Full Faith and Credit Clause of the Constitution requires what?

Answer 1

the courts of a state to give full faith and credit to the judgments of the courts of all other American states.

Question 2

When may a court not give another state’s court’s judgement full faith and credit?

Answer 2

where the other state’s court 1) lacked personal or subject matter jurisdiction over the case; 2) where the other state’s court’s ruling lacked finality; i.e. was not a final judgment; or 3) where the other state’s court’s judgment was not on the merits of the case.

Question 3

Are federal courts required to give state court judgments full faith and credit?

Answer 3

yes, under federal statute.

Question 4

Where there is no applicable treaty, what governs whether a state will recognize the judgement of a foreign country?

Answer 4

state law

Question 5

Comity

Answer 5

the concept that states will voluntarily enforce the judgments of a foreign country so long as 1) the foreign country had personal and subject matter jurisdiction over the parties; and 2) the judgment was based on regular and just proceedings.

Question 6

What is the effect of the Uniform Foreign Money-Judgments Recognition Act?

Answer 6

states will treat foreign countries’ money judgments like sister state judgments. However, this will not apply to judgments for taxes, penal judgments, or judgments for alimony or child/spouse support.

Question 7

Under the Divisible Divorce Doctrine, if a divorce decree has some parts that are valid and some parts that are not, what is the effect?

Answer 7

states will recognize the valid parts and ignore the rest.