Term
Recognition & Enforcement of Judgments
Rendering State v. Recognizing State |
|
Definition
Rendering States = State handing down judgment
Recognizing State = State called upon to recognize and enforce judgment |
|
|
Term
Sister-State Judgments:
Is Judgment entitled to Full Faith & Credit (FF&C)?
If answer is No, Deny recognition
(2 step analysis) |
|
Definition
Step 1: are the 3 FFC requirements satisfied?
Step 2: Are there any good defenses to FFC?
|
|
|
Term
Sister-State Judgments:
Is Judgment entitled to Full Faith & Credit (FF&C)?
If answer is No, Deny recognition
(2 step analysis)
What are the 3 FFC requirements? |
|
Definition
1. Rendering state must have had valid jx over both parties and subject matter. NOTE: Jx can be attacked ONCE - either in rendering or recognizing state court proceeding.
2. Must be on the merits (includes default & consent judgment)
3. Must be final. If modifiable (e.g. order for future alimony/child support), no FFC, but usually enforced under comity. |
|
|
Term
Sister-State Judgments:
Is Judgment entitled to Full Faith & Credit (FF&C)?
If answer is No, Deny recognition
(2 step analysis)
What are good defenses? |
|
Definition
1. Judgment is penal (one which punishes "an offense against the public"). P is the state, not private person
2. Judgment procured by extrinsic fraud (i.e., fraud that couldn't be dealt with during earlier trial, such as bribing judge). |
|
|
Term
Sister-State Judgments:
Is Judgment entitled to Full Faith & Credit (FF&C)?
If answer is No, Deny recognition
(2 step analysis)
What are bad defenses? |
|
Definition
1. Tax Judgment
2. Action based on cause of action that violates public policy of recognizing state (irrelevant).
3. Mistakes of fact or law were made (should have been handled or appealed within rendering court system).
4. Inconsistent judgments (later judgment enforceable even if inconsistent with earlier judgment).
|
|
|
Term
Approach to Choice of Law
What are the three types? |
|
Definition
Vested rights approach
most significant relationship approach
governmental interest approach |
|
|
Term
Approach to Choice of Law
What is the vested rights approach? |
|
Definition
The law that controls is the law of the jurisdiction where the parties rights were vested (i.e., where the act or relationship that gave rise to the cause of the action occurred or was created).
The forum court would first characterize the issues in the cause of action (e.g., procedure v. substance; tort, contract, property, domestic relations, etc.) |
|
|
Term
Approach to Choice of Law
What is the most significant relationship approach? |
|
Definition
Applies the law of the state with the most significant relationship to the issue in question.
Forum court will:
i. isolate the precise legal issue that results in a conflict between competing states;
ii. identify the policy objectives that each state's law seeks to achieve with respect to such issue; and
iii. determine each state's interest in view of its policy objectives, concluding which state has a superior connection. |
|
|
Term
Approach to Choice of Law
What is the governmental interest approach? |
|
Definition
| It is presumed that the forum state will apply its own law, but parties may request that another state's law be applied because that state has a greater interest in the outcome. |
|
|
