Recognition of Foreign Judgments

Question 1

What are the elements under the Full Faith and Credit Clause?

Answer 1

Judgment in one state must be given the same effect that it would be by courts of rendering state

Question 2

When does a judgment have preclusive effect?

Answer 2

1. Valid - made by court with jurisdiction
2. Final - no outstanding appeals, not modifiable
3. On merits - substantive issues decided by court
   No public policy defense

Question 3

Between two valid judgments, which one is given full faith and credit?

Answer 3

The most recent judgment

Question 4

When is a judgment rendered by a court not given full faith and credit?

Answer 4

1. Court doesn’t have jurisdiction unless issue of jurisdiction was not litigated
2. Extrinsic fraud - eg: bribing the judge

Question 5

When is an employee barred from getting a supplemental award in a different state?

Answer 5

When the law of the original state bars additional recovery using unmistakable language

Question 6

What is an ex parte divorce?

Answer 6

Where court has personal jurisdiction over only one party and not the other - party seeking divorce must have domicile

Question 7

Is an ex parte divorce given full faith and credit?

Answer 7

Yes but enforcing state doesn’t have to credit domicile

Applies only to divorce decree itself - anything else over property, alimony, etc. is not enforceable

Question 8

When can child custody and support decrees be modified by a new state?

Answer 8

1. Original state no longer has significant connection to child / parents AND
2. New court meets test for exclusive jurisdiction

Question 9

What is in the Uniform Foreign Money Judgment Recognition Act?

Answer 9

1. Foreign money judgments enforceable like foreign state judgments
2. Foreign non-money judgments usually enforced under comity but court may decline to enforce if inconsistent with public policy