recognition of judgments

Question 1

what are the 2 testing areas

Answer 1

1) recognition of judgments

2) choice of law

Question 2

what is the state called that is handing down the judgment

Answer 2

rendered state

Question 3

what is the state called upon to recognize and enforce a judgment called

Answer 3

recognized state

Question 4

what clause in const forces STATES to recognize judgments from other states

Answer 4

full faith and credit clause

Question 5

what clause in const force states to recognize federal judgments

Answer 5

supremacy clause

Question 6

what is the threshold recognition of a sister state enforcement

Answer 6

is it entitled to full faith and credit

Question 7

what are the 2 steps for full faith and credit clause

Answer 7

1) are the 3 full faith and credit requirements satisified

2) are there any good defenses to full faith and credit

Question 8

what are the 3 requirements for the full faith and credit clause

Answer 8

1) JURISDICTION must have been proper in rendering state (SMJ and PJ)
2) judgment must be on the MERITS and
3) be A FINAL JUDGMENT

Question 9

how many chances does a D get to contest jurisdiction

Answer 9

only ONE CHANCE

• a party can contest jurisdiction in the rendering court proceedings OR
  2) they can wait and contest the rendering court’s jurisdiction in the recognizing state

Question 10

are default judgments on the merits

Answer 10

YES.

Question 11

how are the full faith and credit requirements evaluated

Answer 11

according the the rendering states law

Question 12

is the full faith and credit requirements evaluated by the rendering states laws or recognition states

Answer 12

rendering states

Question 13

does an enforcement judgment need PJ

Answer 13

NOOO. just follow the assets

- in pure enforcement action dont need PJ

Question 14

what are the 2 good defenses against PJ

Answer 14

1) judgment is criminal (punishes an offense against the public)
2) judgment was procured by EXTRINSIC fraud

Question 15

how to conclude a judgment is criminal/ penal,

Answer 15

prosecuting party must be the state. If a private person is the P, the judgment is not penal

Question 16

what is extrinsic fraud for a good defense against FFandC

Answer 16

fundamental fraud. Cannot be dealt with right away
ex: bribing the judge
- intrinsic fraud is not a good defense: if fraud could have been dealt with during the earlier trial within the regular workings of the judicial system it is intrinsic fraud
ex intrinsic: perjury

Question 17

bad defense (do not work) for against full faith and credit

Answer 17

1) judgment is contrary to the recognizing states public policy
2) mistakes of law and/or fact were made
- the wrong procedural route has been selected. If such mistakes were made they should have been appealed in the rendering state’s court system

Question 18

what is it called to recognize a foreign countries judgment

Answer 18

comity

Question 19

are foreign country judgments entitled to full faith and credit

Answer 19

NO. only comity

Question 20

what is comity of a foreign country judgment

Answer 20

a state MAY voluntary choose to recognize a foreign judgment, however as a matter of comity

• the recognizing court will specifically look to see if FAIRNESS standards have been stratified in both terms
  1) W/E PERSONAL JURISDICTION was proper (minimum sufficient contacts)
  2) W/E FAIR PROCEDURES were used during earlier litigation

Question 21

when will a state recognize a foreign countries judgment (comity)

Answer 21

the recognizing court will specifically look to see if FAIRNESS standards have been stratified in both terms

1) W/E PERSONAL JURISDICTION was proper (minimum sufficient contacts)
2) W/E FAIR PROCEDURES were used during earlier litigation
- w/e allowed to bring evidence, testify, etc