recognition of judgments Flashcards
what are the 2 testing areas
1) recognition of judgments
2) choice of law
what is the state called that is handing down the judgment
rendered state
what is the state called upon to recognize and enforce a judgment called
recognized state
what clause in const forces STATES to recognize judgments from other states
full faith and credit clause
what clause in const force states to recognize federal judgments
supremacy clause
what is the threshold recognition of a sister state enforcement
is it entitled to full faith and credit
what are the 2 steps for full faith and credit clause
1) are the 3 full faith and credit requirements satisified
2) are there any good defenses to full faith and credit
what are the 3 requirements for the full faith and credit clause
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
how many chances does a D get to contest jurisdiction
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
are default judgments on the merits
YES.
how are the full faith and credit requirements evaluated
according the the rendering states law
is the full faith and credit requirements evaluated by the rendering states laws or recognition states
rendering states
does an enforcement judgment need PJ
NOOO. just follow the assets
- in pure enforcement action dont need PJ
what are the 2 good defenses against PJ
1) judgment is criminal (punishes an offense against the public)
2) judgment was procured by EXTRINSIC fraud
how to conclude a judgment is criminal/ penal,
prosecuting party must be the state. If a private person is the P, the judgment is not penal
what is extrinsic fraud for a good defense against FFandC
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
bad defense (do not work) for against full faith and credit
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
what is it called to recognize a foreign countries judgment
comity
are foreign country judgments entitled to full faith and credit
NO. only comity
what is comity of a foreign country judgment
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
when will a state recognize a foreign countries judgment (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
- w/e allowed to bring evidence, testify, etc
