Recognition of Judgments (Area #1) Flashcards
A recognition of judgments Q may arise when what 2 conditions are satisfied?
1) Judgment has been entered by a court in 1 jurisdiction; AND
2) Party seeking to have that judgment recognized by court in a different jurisdiction
What is the core Q for recognizing judgments?
Will the recognizing court recognize the judgment issued by the rendering court?
First question to ask when analyzing judgment recognition?
Was rendering jurisdiction a sister state or a foreign country?
Why would a D usually seek recognition?
To prevent a P from relitigating a claim or issue
Why would a P usually seek recognition?
Most often to seek recognition in order to access enforcement mechanisms in the rendering state
What’s the effect of the rendering jurisdiction being a sister state?
Full Faith & Credit Clause applies (i.e., course of obligation to recognize judgment is constitutional)
By statute, the FF&C Clause only applies to judgments between ________.
federal courts and state courts
2 key questions to ask for sister state judgments?
1) Requirements for FF&C met?
2) Any valid defenses?
What are the 3 requirements for FF&C to be satisfied?
1) Jurisdiction
2) On the Merits
3) Finality
What is Req. 1: Jurisdiction?
Rendering state must have jurisdiction over
1) parties
AND
2) subject matter
What is Req. 2: Jurisdiction?
Judgment entered by rendering state must have been on the merits
What’s the primary exception re the Jurisdiction requirement?
If issue of jurisdiction has been fully and fairly litigated, the jurisdictional determination itself is entitled to full faith and credit
What are the 5 main examples of a judgment NOT on the merits?
Dismissals based on:
1) statute of limitations expiring
2) lack of jdxn
3) misjoinder
4) improper venue
5) failure to state claim (sometimes)
Are default and consent judgments considered to be on the merits?
Yes
What is Req. 3: Finality?
Judgment entered by the rendering court must be a final judgment (e.g., can’t be on appeal in rendering jdxn)
What law(s) is/are used to determine whether the 3 FF&C requirements are met?
Law of the rendering state
What law(s) is/are used to determine the method of enforcement?
Law of enforcing state
What is a penal judgment?
Judgment punishing offense against the public (i.e., P = state); NOT entitled to FF&C
What are the 2 primary valid defenses to FF&C?
1) penal judgments
2) extrinsic fraud
What is the source of the obligation to recognize a judgment of a foreign country?
Comity or treaty
What is extrinsic fraud?
Fraud that could not be corrected during the regular course of proceedings leading to the judgment (e.g., judge taking bribe); NOT entitled to FF&C
What is the rule regarding foreign judgments?
Under comity, recognizing court will exercise discretion to decide whether foreign judgment should be recognized
What are 2 common invalid (but attractive) defenses to FF&C?
1) public policy
2) mistake
What are the 2 big questions regarding foreign jurisdiction recognition?
1) Did foreign court have jdxn?
-must have jdxn; more discretion for court to determine
2) Were the foreign court procedures fair?
-assess whether procedures fair
