Recognition of Judgments

Question 1

Recognition of judgments: first question to ask

Answer 1

Is the rendering jurisidiction a sister state or foreign country?

Question 2

two questions to ask if the rendering jx was a sister state

Answer 2

1. are the requirements for full faith and credit satisfied?
2. Are there any defenses to full faith and credit?

Question 3

Requirements for full faith and credit

Answer 3

1. rendering state had PJ and SMJ over the parties
2. The judgment by the rendering state was on the merits of the case
3. The judgment by the rending court must be a final jugdment.

Question 4

is a default judgment on the merits?

Answer 4

Yes.
Not on the merits:
- dismissal for lack of PJ/SMJ, misjoinder, improper venue, failure to state a claim

Question 5

valid defenses to full faith and credit

Answer 5

1. judgment was a penal judgment
2. the judgment was made with extrinsic fraud

Question 6

what is a penal judgment

Answer 6

A judgment that punishes an offense against the public.
Look for the state as the plaintiff.

Question 7

what is extrinsic fraud

Answer 7

Fraud that could not be corrected during the
regular course of proceedings leading to the judgment

Question 8

what are two invalid defenses for full faith and credit?

Answer 8

• public policy
• mistake

Question 9

what is the source of the obligation to recognize a judgment by a rendering jx that is a foreign country?

Answer 9

comity or treaty

Question 10

what is comity

Answer 10

principle that gives the recognizing court to exercise discretion to decide whether the foreign court’s judgment should be recognized based on whether the foreign court had jx and whether the legal procedures were fair