Recognition of Judgments

Question 1

Recognition of Judgment questions call for a ___-step analysis.

Answer 1

Two

Question 2

What is the first step in a recognition of judgment question?

Answer 2

Determine whether the the judgment rendered in Court 1 is entitled to FULL FAITH AND CREDIT it court 2.

Question 3

In order for the Full Faith and Credit principle to attach, three requirements must be satisfied. What are they?

Answer 3

Jurisdiction (Rendering court must have possessed SMJ over the case and PJ over the defendant OR must have allowed a full and fair opportunity to challenge its jurisdiction)

On the Merits (rendering court’s judgment must be on the merits)

FInal (rendering court’s judgment must be final)

Question 4

What is the second step in a recognition of judgment question?

Answer 4

If the Full Faith and Credit principle attaches, ascertain whether the rendering court would give the judgment res judicata or collateral estoppel effect.

Question 5

What does res judicta mean? Issue or claim preclusion?

Answer 5

Claim

Question 6

For res judicata to apply under PA law, what three requirements?

Answer 6

FINAL – F1 judgment must be final

SAME COA – F1 judgment must involve the same COA as the F2 suit: either the second suit must involves the same subject matter and ultimate issue OR the second shut must seek relief for the same harm.

SAME PARTIES – F2 suit must involve the same parties or their privies as the F1 suit (privies = successors in interest, holders of future interest, beneficiaries)

Question 7

What does collateral estoppel mean? Issue or claim preclusion?

Answer 7

Issue

Question 8

Collateral estoppel prevents a party from doing what?

Answer 8

Relitigating issues in a subsequent lawsuit.

Question 9

T or F? Collateral estoppel does not apply where the COA is different in the 2nd suit than in the 1st.

Answer 9

False.

Question 10

For collateral estoppel to apply under PA law, the following 3 requirements must be met:

Answer 10

LITIGATED AND DECIDED – The issue must have been actually litigated and decided in the first proceeding

NECESSARY – The issue must have been necessary to support the judgment in the first proceeding

AGAINST WHOM WAS A PARTY – The party AGAINST WHOM collateral estoppel is asserted must have been a party or in privity with a party to the prior action AND must have have a full and fair opportunity to litigate the issue in that action.

Question 11

As a general rule, a divorce decree deserves full faith and credit in one state IF the rendering state . . .

Answer 11

Had proper jurisdiction and the decree is valid in the rendering state.

Question 12

For a divorce decree, how is jurisdiction established?

Answer 12

If one of the parties is domiciled in the state

Question 13

Pennsylvania law provides that a spouse is not entitled to commence an action for divorce in the CW unless one of the parties has been . . .

Answer 13

A bona fide resident for at least 6 months immediately prior to commencement.

Question 14

Although a state can render a valid ex part divorce decree where only one spouse is domiciled in the state, the same rule does not govern related matters such as property settlement, alumni, support, and child custody. The result is to make the divorce . . .

Answer 14

Divisible

Question 15

For a divorce decree to be valid as to all personal obligations in the decree, the rendering court must have . . .

Answer 15

Had PJ over BOTH parties.