Recognition of Judgments

Question 1

What are the relevant jurisdictions called in recognition of judgments situations?

Answer 1

Rendering Jurisdiction. The rendering jurisdiction is the jurisdiction where the judgment was originally entered.

Recognizing Jurisdiction. The recognizing jurisdiction is the jurisdiction where recognition is bing sought.

Question 2

Basic Analysis for Sister State Judgments

Answer 2

1. Are the requirements for full faith and credit, under the Full Faith and Credit Clause of Aritcle IV, satisfied?
2. Are there any valid defenses to the recognition of judgment?

Question 3

Requirement for Full Faith and Credit

Answer 3

The requirements for full faith and credit, under the Full Faith and Credit Clause of Article IV, are satisfied if:

1. The rendering court had jurisdiction over the subject matter and the parties;
2. The rendering court issued a judgment on the merrits;
3. The rendering court issued a final judgment.

Question 4

What law applies when determining whether the requirements of full faith and credit are satisfied?

Answer 4

The law of the rendering jurisdiction.

Question 5

When is a party barred from contesting that the rendering court had jurisdiction?

Answer 5

When the issue of jurisdiction was fully and fairly litigated. This includes when personal jurisdiction is waived, but not when a court issues a default judgment.

Question 6

Examples of judgments on the merrits? Not on the merrits?

Answer 6

Judgments on the Merrits:

• Default judgments;
• Consent decrees and consent judgments persuant to settlements;
• Dismissal for failure to state a claim, if dismissed with prejudice.

Judgments not on the Merrits:

• Dismissal for lack of subject matter jurisdiction or personal jurisdiction;
• Dismissal for improper venue;
• Misjoinder;
• Dismissal for failure to state a claim, if dismissed without prejudice.

Question 7

Is a judgment that is on appeal in the rendering jurisdiction final?

Answer 7

No.

Question 8

Is a judgment with respect to modifiable alimony payments or child support payments final?

Answer 8

A judment with respect to modifiable alimony payments or child support payments is:

• Final with respect to past payments;
• Not final with respect to future payments.

Question 9

What are the valid defenses to full faith and credit?

Answer 9

The valid defenses to full faith and credit are:

1. A penal judgment is not entitled to full faith and credit.
2. A judgment based on extrinsic fraud is not entitled to full faith and credit.
   
   • Extrinsic fraud is fraud that could not have been corrected during the regular course of proceedings leading to the final judgment. An example is when a judge has been bribed.

Question 10

Penal Judgment

Answer 10

A judgment is a penal judgment if it punishes an offense against the public. This generally means that the state is the plaintiff. The exception is for tax-related judgments.

Question 11

Extrinsic Fraud

Answer 11

Extrinsic fraud is fraud that could not have been corrected during the regular course of proceedings leading to the final judgment.

⇒An example is when a judge has been bribed.

Question 12

What are some invalid defenses to full faith and credit?

Answer 12

1. Public policy is not a valid defense to full faith and credit.
2. Mistake committed by the rendering jurisdiction is not a valid defense to full faith and credit.

Question 13

Comity Analysis

Answer 13

Under the principles of comity, a recognizing court will exercise its discretion to decide whether a foreign court’s judgment should be recognized. The recognizing court will consider the following:

1. Whether the foreign court had jurisdiction;
2. Whether the foreign court issued a judgment on the merrits;
3. Whether the foreign court issued a final judgment;
4. Whether the foreign court applied fair procedures, as judged by the standards of American courts.