Recognition and Enforcement of Foreign Judgments

Question 1

What does a ‘foreign’ judgment refer to in Conflict of Laws?

Answer 1

A judgment rendered by an out-of-state court, either from a sister state or a foreign country

This term is crucial in understanding jurisdictional issues in legal disputes involving parties from different states or countries.

Question 2

What is the significance of Article IV’s Full Faith and Credit Clause?

Answer 2

It requires that judgments rendered in the courts of one state be given full force in the courts of another state if they are valid and final

This clause ensures consistency and respect among state courts regarding judgments.

Question 3

What makes a judgment ‘valid’?

Answer 3

The rendering court must have properly exercised its jurisdictional authority over the parties and the subject matter

Jurisdiction is a key factor in determining the validity of a judgment.

Question 4

When is a judgment considered ‘final’?

Answer 4

When it is not modifiable in the rendering state

An example is a custody decree that can be changed; such judgments are not final.

Question 5

What are judgments ‘on the merits’?

Answer 5

Judgments that resolve the substantive issues of a dispute

These judgments address the core legal questions rather than procedural issues.

Question 6

True or False: A forum court can refuse to enforce a final judgment from a sister state if it believes the judgment was wrongly rendered.

Answer 6

False

The forum court must enforce the judgment regardless of perceived errors in the rendering court.

Question 7

What principles guide state courts when determining the enforcement of a foreign country’s judgment?

Answer 7

Principles of comity

Comity refers to the legal doctrine where courts recognize and enforce the judgments of foreign jurisdictions.

Question 8

Under what condition will state courts generally not enforce a foreign nation’s judgment?

Answer 8

If the proceeding in the foreign country did not meet norms of procedural fairness

Procedural fairness is essential for the recognition of foreign judgments.

Question 9

Fill in the blank: Judgments are NOT final if they are _______ in the rendering state.

Answer 9

modifiable

Modifiable judgments can be changed and therefore do not meet the finality requirement.

Question 10

What is an example of a situation where full faith and credit is applied?

Answer 10

A court in State B must enforce a judgment from State A even if it was based on a misapplication of State B’s law

This demonstrates the obligation to respect sister state judgments despite potential errors.