choice of law Recongintion of jdmts

Question 1

How do you spot a recognition of jdmt question?

Answer 1

1) In the fact pattern they will tell you that a judgment has been rendered another state or country; AND 2) In the call of the question line they will tell you that one of the parties is seeking tohave it recognized in New York NOTE: On the exam refer to the state handing the judgment down as the “rendering” state Refer to New York as the “recognizing” state

Question 2

What are the threshold questions to ask to see if NY should recognize a jdmt?

Answer 2

1) Is it a sister state or foreign country judgment that requires recognition? 2) If sister state, is it entitled to Full Faith and Credit? Are the 3 full faith and credit requirements satisfied? Are there any good defenses to full faith and credit? IF FF&C reqs are met, AND there are no “good” defenses → FF&C applies

Question 3

When are the 3 Full Faith and Credit requirements satisfied?

Answer 3

While looking to RENDERING STATE’S law… 1) JURISDICTION must have been proper in the rendering state court “One Attack” rule: jx can only be attacked once—either in the rendering court proceeding OR in the recognizing court proceeding. 2) Judgment must be ON THE MERITS NOT ON MERITS = dismissal based on lack of jurisdiction, SOL, π’s lack of capacity to bring suit, misjoinder of parties or causes of action, improper venue ON MERITS= default jdmts NOTE: dismissal for failure to state a c/a is on the merits ONLY IF π cannot amend to allege a cause of action 3) Judgment must be FINAL NOT final while on appeal NOT final when it’s a modifiable judgment (alimony support pmt can be modified in the future)

Question 4

What are “good” (and “bad”) defenses to Full Faith & Credit?

Answer 4

“GOOD” DEFENSES The judgment is penal (i.e. punishes “an offense against the public”), where π is government Cannot involve a private π The judgment was procured by extrinsic fraud INTRINSIC = If the fraud could have been dealt with during the earlier trial within the regular workings of the judicial system (i.e.perjury of witness) EXTRINSIC = i.e. bribing judge “BAD” DEFENSES The judgment is contrary to the recognizing state’s public policy Mistakes of law and/or fact were made = b/c such mistakes should have been challenged in the rendering state’s court system

Question 5

Are federal and state courts req’d to recognize one another’s judgments?

Answer 5

By statute, federal and state courts are required to recognize one another’s judgments Fed ct is treated like a “sister” state ct BAR EXAM FAVORITE

Question 6

When will NY recognize a foreign jx’s jdmt?

Answer 6

Foreign country judgments are basically recognized (“comity” given) on the same basis as sister state judgments even tho FF&C does NOT apply However, the recognizing court will specifically look to see if our “fairness” standards are satisfied both in terms of: Whether jx was proper [A min contact’s- type of jx analysis] Whether “fair” procedures were used during the earlier litigation