Recognition of Judgments

Question 1

what are the two conditions that must be satisfied for a judgment to be recognized?

Answer 1

1. A judgment has been entered by a court in one jurisdiction, and
2. A party is seeking to have that judgment recognized by a court in a different jurisdiction.

Question 2

Which court is the “rendering” court?

Answer 2

The Court where the judgment was originally entered.

Question 3

Which court is the recognizing court?

Answer 3

The court where recognition of the judgment is being sought.

Question 4

When faced with a recognition question, what is the core question?

Answer 4

Whether the recognizing court will recognize the judgment issued by the rendering court?

Question 5

Why do parties seek judgment recognition?

Answer 5

Plaintiffs: Often seek recognition in order to access enforcement mechanisms (received a judgment but D lives in their recognizing state).

Defendants: Often seek recognition to prevent a plaintiff from relitigating a claim or an issue (claim preclusion).

Question 6

If the rendering jurisdiction is a sister state, what is the required analysis?

Answer 6

1. Whether the requirements of full faith and credit are satisfied.
2. Whether there are any valid defenses.

Note: Recognition is required when the answer to #1 is yes, and the answer to #2 is no.

Question 7

If the rendering jurisdiction is a foreign country, what is the required analysis?

Answer 7

Whether the foreign judgment is entitled to comity.

Question 8

What is the constitutional source for the obligation to recognize sister state judgments?

Answer 8

The Full Faith and Credit Clause: The government wanted to obligate or encourage interstate harmony.

Question 9

Which courts does the Full Faith and Credit Clause apply to?

Answer 9

All courts, even judgments between State Courts and Federal Courts.

Question 10

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

Answer 10

1. Rendering State must have Jurisdiction (personal (over the parties), and subject matter).
2. Rendering judgment must have been on the merits
3. Rendering judgment must be the final judgment.

Question 11

What is the exception to the jurisdiction requirement for full faith and credit to apply?

Answer 11

When the issue of jurisdiction has been fully and fairly litigated, the jurisdictional determination itself is entitled to full faith and credit.

Example: P sued D in state A even though D lives in State B. D challenges jurisdiction, but State A court claims they have jurisdiction. Therefore, the jurisdictional issue is subject to full faith and credit.

Question 12

Which forms of judgment are considered on the merits?

Answer 12

1. Judgments from trial
2. Default Judgments (all facts are considered admitted, thus on the merits)
3. Consent Judgments (ordered after settlements)

Question 13

Which forms of judgment are NOT considered on the merits?

Answer 13

Generally, motions to dismiss for:

1. Lack of Jurisdiction (PJ and SMJ)
2. Misjoinder,
3. Improper venue, and
4. Failure to state a claim (sometimes).

Question 14

When is a judgment not final?

Answer 14

When it is on appeal.

Question 15

Which law does a court apply in analyzing full faith and credit?

Answer 15

The recognizing court will apply the rendering states law.

Question 16

Which law does a court apply in determining how to enforce a recognized judgment?

Answer 16

The recognizing court will enforce the recognizing states law.

Question 17

What are the Defenses to Full Faith and Credit?

Answer 17

1. Penal Judgments
2. Extrinsic Fraud

Question 18

Penal Judgments

Answer 18

A form of judgment not entitled to full faith and credit because it generally involves the State bringing action to punish and defendant for an offense against the public.

Question 19

Extrinsic Fraud

Answer 19

Extrinsic fraud is fraud that could not be corrected during the regular course of proceeding leading to a judgment. Therefore the judgment is not entitled to FFC.

Example: Judge being paid/influenced outside of courtroom.

Question 20

True or false: Public policy is a valid defense to the FFC

Answer 20

False. A recognizing court cannot reject FFC based on their states public policy against a specific action.

Example: Nevada allows gambling and Plaintiff received a judgment against Defendant for gambling debts. Montana bans gambling, and therefore the judge attempts to deny FFC because the judgment was rendered against Montana Public policy. CANNOT DO THIS.

Question 21

How should a recognizing court handle a rendering court’s mistake of the recognizing state’s law?

Answer 21

This is not a valid defense. Therefore the court should still give FFC to the judgment.

Question 22

What source of law obligates a court to recognize a foreign countries judgment?

Answer 22

The principles of Comity or Treaty.

Question 23

What is the Rule of Comity?

Answer 23

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

Question 24

What is the required analysis for determining Comity?

Answer 24

1. Did the Foreign court have jurisdiction: here, the courts have greater discretion and determining whether there was jurisdiction. (example: Court may deny jurisdiction even though foreign country fully litigated the jurisdictional issue).
2. Were the procedures in the foreign court fair? (example: subject to foreign court, but they wont allow you to testify or call witnesses).