Recognition of Judgments Flashcards
(10 cards)
When a Recognition Judgment Question Arises
(1) A judgment has been issued by a court; (2) A party is seeking to have that judgment recognized in a different court
Why Plaintiff Seeks Recognition
To access enforcement mechanisms in the recognizing state (e.g., reach defendant’s assets in a state)
Why Defendant Seeks Recognition
To prevent a plaintiff from relitigating a claim or issue
Analysis
(1) Is the rendering jx a sister state or a foreign country; (2a) If sister state, are the requirements of FF&C satisfied?; (3a) If Yes, are there any valid defenses?; (2b) If a foreign country, is the foreign judgment entitled to comity?
Sister State Judgments: FF&C Reqs
(1) Jurisdictionl (2) Merits; (3) Finality; evaluated using the law of the rendering state
Sister State Judgments: FF&C Defenses
(1) Penal judgments (one that punish an offense against the public); (2) Extrinsic fraud that couldnt be corrected during the regular course of proceedings leading to the judgment. NOT public policy or mistaken application of law
FF&C Jurisdiction: Rule
Rendering state must have had jx over the parties and the SM unless the issue of jx has been fully and fairly litigated,
FF&C Merits: Rule
The judgment entered by the rendering state must have been on the merits (including default judgments). Merits does NOT include statute of limitations, jurisdictional dismissals or dismissals based on misjoinder, improper venue, or (sometimes) failure to state a claim
FF&C Finality: Rule
The judgment entered by the rendering court must be a final judgment. For modifiable alimony, past payment decrees are finals and future payments are not final.
Foreign Judgments
Under principles of comity, a recognizing court will exercise discretion to decide whether the foreign judgment should be recognized by asking whether the foreign court had jx and whether the procedures in the foreign court were fair
