Recognition of Judgments

Question 1

What is a rendering court?

Answer 1

The court who enters the judgment.

Question 2

What is a recognizing court?

Answer 2

The court who is being asked to recognize a rendering court’s judgment.

Question 3

What is the first question to ask in a recognition of judgment question?

Answer 3

Is the rendering jurisdiction a sister state or a foreign country?

Question 4

What happens if the rendering jurisdiction is a sister state?

Answer 4

If the requirements of full faith and credit are satisfied and there are no valid defenses, then the judgment should be recognized.

Question 5

What are the requirements to satisfy the Full Faith and Credit Clause?

Answer 5

1. The rendering state must have had jurisdiction over the parties & subject matter.
2. The judgment entered by the rendering state must have been on the merits.
3. The judgment entered by the rendering court must be a final judgment.

Question 6

When is a rendering court’s ruling on jurisdiction entitled to full faith and credit?

Answer 6

When the issue of jurisdiction was fully and fairly litigated.

Question 7

What are some examples of judgments NOT on the merits?

Answer 7

Dismissals based on:

• lack of jx (PJ or SMJ)
• misjoinder
• improper venue
• failure to state a claim

Question 8

Is a default judgment considered to be “on the merits”?

Answer 8

Yes, because it treats all factual contentions as admitted.

(But it can’t be used for issue preclusion because no actual issues were determined!)

Question 9

Is a consent judgment entered after settlement considered to be “on the merits”?

Answer 9

Yes.

Question 10

Is a judgment on appeal in the rendering jx considered “final”?

Answer 10

No.

Question 11

What are the valid defenses to extending full faith and credit to a sister state’s judgment?

Answer 11

1. Penal judgments: one that punishes an offense against the public (e.g., state is plaintiff – but not including punitive damages)
2. Extrinsic fraud: fraud that could not be corrected during the regular course of proceedings leading to the judgment (e.g., judge was bribed)

Question 12

Are public policy and mistake valid defenses to full faith and credit?

Answer 12

No!

Question 13

What happens if the rendering jx is a foreign country?

Answer 13

Under principles of comity, a recognizing court will exercise discretion to decide whether the foreign judgment should be recognized.

Question 14

What are the requirements under comity to recognize a judgment from a foreign court?

Answer 14

1. The same requirements for full faith and credit (final, on the merits),
2. Whether the foreign court had jurisdiction, and
3. Whether the procedures in the foreign court were fair.

Court has more discretion/flexibility in considering these requirements.