1. Recognition of Judgments Flashcards Preview

MEE - Conflict of Laws > 1. Recognition of Judgments > Flashcards

Flashcards in 1. Recognition of Judgments Deck (12):
1

Introduction

What are the two jurisdictions called?

1. Rendering

2. Recognising

2

Introduction

Why would a plaintiff want to have a judgment recognised in another state?

To access enforcement mechanisms in the recognising jurisdiction

3

Introduction

Why would a defendant want to have a judgment recognised in another state?

To reprevent P from relitigating the matter

4

Full Faith and Credit

What law applies?

The law of the rendering jurisdiction

5

Full Faith and Credit

What are the three requirements for the Full Faith and Credit clause to apply?

1. Personal and subject matter jurisdiction

2. Merits

3. Finality

6

Full Faith and Credit

What are the two valid defences to the full faith and credit?

1. Penal judgment

2. Extrinsic fraud

7

Full Faith and Credit

What is a penal judgment?

Judgment from a case taken by the state to punish an offence against the public

8

Full Faith and Credit

What is extrinsic fraud?

Fraud unable to be corrected through the initial case

9

Full Faith and Credit

What are the two invalid defences which are therefore much more likely to be tested?

1. Public policy

2. Mistake

10

Full Faith and Credit

What did the Supreme Court say about public policy?

"There is no roving public policy exception to full faith and credit"

11

Full Faith and Credit

What is the rationale to a mistake in the judgment not being a basis for not giving it FF&C?

D should appeal it in the rendering jurisdiction, not block its enforcement elsewhere

12

Foreign Judgment

In addition to jurisdiction, merits, and finality, what extra question must we ask?

Were the procedures of the foreign court fair?