Term
| What is a state called that has ordered the judgment? |
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Definition
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Term
| Wha tis the state called upon to recognize the and enforce the judgment called? |
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Definition
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Term
| When a conflct of law question appears, what must you first determine? |
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Definition
| If the judgment tha tis sought to be enforced was rendered by a sister state or a foreign country. |
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Term
| What must the court consider before enforcing a judgment from a sister state? |
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Definition
| 1. Whether full faith and credit applies and if there are any valid defenses to apply against the judgment. |
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Term
| What are the three full faith and credit requirements? |
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Definition
1. Did the rendering court have valid jurisdiction over the parties: personal and subject matter.
2. The judgment was final in nature, and not subject to modifiction (if it is modfiable may be enforced under the pronciple of comity). (modifiable: future alimony and child support)(judgments tha thave accrued and are in arrrears are deemed final judgments).
3. the judgment must have been rendered on the merits. |
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Term
| Two situations that are on the merits for full faith and credit purposes are? |
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Definition
| Default judgments and consent judgments. Had the opportunity to have there issues decided on the merits. |
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Term
| What are the two "good" defenses to judgments? MEaning that a judgment is not entitled to full faith and credit. |
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Definition
| penal judgment and extrinsic fraud |
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Term
| What is a penal judgment? |
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Definition
| A n offene rendered for an offense against the public. For example, criminal sanction or civil fine. Massive punitive damage awards do not constitute a penal judgment. |
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Term
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Definition
| Fraud that could not be dealt with at the time litigation. Therefore, this is agood defense to full faith credit. |
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Term
| What is an example of extrinsic fraud? |
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Definition
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Term
| What are the 4 defenses to the full faith and credit clause that do not work? |
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Definition
| tax judgment because no longer considered penal, the judgment is based on a cause of action that violate's forum's public policy therefore should not enforce, mistake by an earlier trial, nconsistent judgment (later judgmnet can prevail). |
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