Conflict of Laws

Question 1

What is the standard/procedure for the recognition of foreign judgments (foreign or sister state)?

Answer 1

Full Faith and Credit

Question 2

What are the requirements for recognizing foreign judgments under full faith and credit?

Answer 2

(1) There must have been proper jurisdiction in the rendering court
(2) The judgment must be on the merits
(3) The judgment must be final.

Question 3

What is required under the issue of proper jurisdiction?

Answer 3

Court must have both jurisdiction over parties and SM.

Case was fully and fairly litigated in the original action.

Question 4

What is meant by requiring that a judgment be on the merits?

Answer 4

Generally = default and consent judgments are on the merits.

Question 5

True or False: A judgment is based on the merits if based on lack of jurisdiction over D, Ps lack of capacity to bring suit, misjoinder, improper venue or time bars?

Answer 5

FALSE.

Question 6

What is meant by the requirement of judgment finality?

Answer 6

Refers to whether any further judicial action is necessary to resolve the litigation.

Question 7

True or False: A judgment is final when on appeal?

Answer 7

False.

Question 8

What are the key sufficient defenses to full faith and credit of state judgments?

Answer 8

(1) Penal Judgment - punishing offense against the public if made by state (not private actor).
(2) Equitable Defense - judgment is subject to equitable defense in the rendering state (judgment obtained by extrinsic or fraud).

Question 9

What are examples of insufficient defenses to full faith and credit?

Answer 9

(a) Tax judgment
(b) Judgment contrary to public policy of enforcing state
(c) Mistake of law

Question 10

Tax judgments, Judgment contrary to public policy of enforcing state and judgments involving a mistake of law - are all examples of ____?

Answer 10

Insufficient defenses to recognition of foreign judgment under full faith and credit.

Question 11

True or False: If a judgment is entitled to FFC, it must be enforced, even if granted erroneously.

Answer 11

True.

The law of enforcing state governs the method of enforcement.

Question 12

True or False: Judgments of federal courts and administrative tribunals are generally entitled to FFC?

Answer 12

True.

FFC clause is applicable to federal courts through statute