Recognition of Judgments

Question 1

How do you spot a recognition of judgment question?

Answer 1

1) In the fact pattern they will tell you that a judgment has been rendered another state or country; AND
2) In the call of the question line they will tell you that one of the parties is seeking tohave it recognized in New York

NOTE: On the exam refer to the state handing the judgment down as the rendering state. Refer to New York as the recognizing state

Question 2

What are the threshold questions to ask to see if NY should recognize a judgment?

Answer 2

1) Is it a sister state or foreign country judgment that requires recognition?
2) If sister state, is it entitled to Full Faith and Credit?

Are the 3 full faith and credit requirements satisfied?
Are there any good defenses to full faith and credit?

IF FF&C requirements are met, AND there are no good defenses → FF&C applies

Question 3

When are the Full Faith and Credit requirements satisfied?

Answer 3

While looking to RENDERING STATE’S law…

1) JURISDICTION must have been proper in the rendering state court

One Attack rule: jurisdiction can only be attacked once—either in the rendering court proceeding OR in the recognizing court proceeding.

2) Judgment must be ON THE MERITS

NOT ON MERITS = dismissal based on lack of jurisdiction, SOL, π’s lack of capacity to bring suit, misjoinder of parties or causes of action, improper venue

ON MERITS= default judgments

NOTE: dismissal for failure to state a cause of action is on the merits ONLY IF π cannot amend to allege a cause of action

3) Judgment must be FINAL

NOT final while on appeal

NOT final when it’s a modifiable judgment (alimony support payment can be modified in the future)

Question 4

What are good (and bad) defenses to Full Faith & Credit?

Answer 4

GOOD DEFENSES

1) The judgment is penal (punishes an offense against the public), where π is government. Cannot involve a private π
2) The judgment was procured by extrinsic fraud

INTRINSIC = If the fraud could have been dealt with during the earlier trial within the regular workings of the judicial system (i.e.perjury of witness)

EXTRINSIC = bribing judge

BAD DEFENSES

1) The judgment is contrary to the recognizing state’s public policy
2) Mistakes of law and/or fact were made = because such mistakes should have been challenged in the rendering state’s court system

Question 5

Are federal and state courts required to recognize one another’s judgments?

Answer 5

By statute, federal and state courts are required to recognize one another’s judgments

Federal court is treated like a sister state court

BAR EXAM FAVORITE

Question 6

When will NY recognize a foreign jurisdiction’s judgment?

Answer 6

Foreign country judgments are basically recognized (comity given) on the same basis as sister state judgments even though FF&C does NOT apply

However, the recognizing court will specifically look to see if our fairness standards are satisfied both in terms of:

1) Whether jurisdiction was proper (look for minimum contacts)
2) Whether fair procedures were used during the earlier litigation