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9 Cards in this Set
- Front
- Back
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Rendering jurisdiction |
The place (Court) where the judgment was originallyentered |
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Recognising jurisdiction |
The place (Court) whererecognition is being sought |
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A recognition of judgments question may arise when two conditions are satisfied: |
1. Judgment issued by a Court 2. A party is seeking to have that judgment recognised in a second, different Court |
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Use of judgment as sword |
Plaintiff will most often seek recognition in order access enforcementmechanisms in the rendering state |
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If the rendering court is a court in a sister state, then the source of the obligation to recognize thejudgment is |
The Constitution, under Article 4 Full Faith & Credit Clause |
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REQUIREMENTS OF FULL FAITH AND CREDIT |
1. Jurisdiction (over the parties & subject matter) 2. Merits (must have been "on the merits") 3. Finality |
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Use of the judgment as a shield |
Defendant will most often seek recognition to prevent a plaintiff fromrelitigating a claim or an issue |
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Valid Defenses to Full Faith & Credit |
1. Penal judgments 2. Extrinsic fraud |
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Penal Judgment |
A penal judgment is one that punishes an offense against the public * Was the P the State * A penal judgment is not entitled to full faith and credit * PUNITIVE DAMAGES ARE NOT PENAL IF P IS A PERSON |
