Recognition of Judgments (Area #1)

Question 1

A recognition of judgments Q may arise when what 2 conditions are satisfied?

Answer 1

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

Question 2

What is the core Q for recognizing judgments?

Answer 2

Will the recognizing court recognize the judgment issued by the rendering court?

Question 3

First question to ask when analyzing judgment recognition?

Answer 3

Was rendering jurisdiction a sister state or a foreign country?

Question 3

Why would a D usually seek recognition?

Answer 3

To prevent a P from relitigating a claim or issue

Question 3

Why would a P usually seek recognition?

Answer 3

Most often to seek recognition in order to access enforcement mechanisms in the rendering state

Question 4

What’s the effect of the rendering jurisdiction being a sister state?

Answer 4

Full Faith & Credit Clause applies (i.e., course of obligation to recognize judgment is constitutional)

Question 5

By statute, the FF&C Clause only applies to judgments between ________.

Answer 5

federal courts and state courts

Question 6

2 key questions to ask for sister state judgments?

Answer 6

1) Requirements for FF&C met?
2) Any valid defenses?

Question 7

What are the 3 requirements for FF&C to be satisfied?

Answer 7

1) Jurisdiction
2) On the Merits
3) Finality

Question 8

What is Req. 1: Jurisdiction?

Answer 8

Rendering state must have jurisdiction over
1) parties
AND
2) subject matter

Question 9

What is Req. 2: Jurisdiction?

Answer 9

Judgment entered by rendering state must have been on the merits

Question 9

What’s the primary exception re the Jurisdiction requirement?

Answer 9

If issue of jurisdiction has been fully and fairly litigated, the jurisdictional determination itself is entitled to full faith and credit

Question 10

What are the 5 main examples of a judgment NOT on the merits?

Answer 10

Dismissals based on:
1) statute of limitations expiring
2) lack of jdxn
3) misjoinder
4) improper venue
5) failure to state claim (sometimes)

Question 11

Are default and consent judgments considered to be on the merits?

Answer 11

Yes

Question 12

What is Req. 3: Finality?

Answer 12

Judgment entered by the rendering court must be a final judgment (e.g., can’t be on appeal in rendering jdxn)

Question 13

What law(s) is/are used to determine whether the 3 FF&C requirements are met?

Answer 13

Law of the rendering state

Question 13

What law(s) is/are used to determine the method of enforcement?

Answer 13

Law of enforcing state

Question 14

What is a penal judgment?

Answer 14

Judgment punishing offense against the public (i.e., P = state); NOT entitled to FF&C

Question 14

What are the 2 primary valid defenses to FF&C?

Answer 14

1) penal judgments
2) extrinsic fraud

Question 15

What is the source of the obligation to recognize a judgment of a foreign country?

Answer 15

Comity or treaty

Question 15

What is extrinsic fraud?

Answer 15

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

Question 15

What is the rule regarding foreign judgments?

Answer 15

Under comity, recognizing court will exercise discretion to decide whether foreign judgment should be recognized

Question 15

What are 2 common invalid (but attractive) defenses to FF&C?

Answer 15

1) public policy
2) mistake

Question 16

What are the 2 big questions regarding foreign jurisdiction recognition?

Answer 16

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