146368
Description
Mind Map by Alex Cooper, updated more than 1 year ago
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Created by Alex Cooper
almost 11 years ago
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Conflict of Laws
- RECOGNITION OF JUDGMENTS
- Where party is seeking to have a judgment issued
by another state or country recognised in NY
- a) Sister state judgment
- 1) Entitled to Full Faith and Credit?
- i) Jurisdiction must have been
proper in the rendering state court
- Only one chance to
attack jurisdiction
- Only one chance to
attack jurisdiction
- ii) Judgment must be on the merits
- Default judgments are
made on the merits
- Default judgments are
made on the merits
- iii) Judgment must be final
- Future payments for
"Modifiable Judgement" not final
- Future payments for
"Modifiable Judgement" not final
- Requirements evaluated according to rendering state law
- i) Jurisdiction must have been
proper in the rendering state court
- 2) Good Defenses?
- Judgment is penal
- Only where P is the state
- Only where P is the state
- Extrinsic fraud
- Distinguish with intrinsic fraud - which
could have been dealt with during the trial
- Distinguish with intrinsic fraud - which
could have been dealt with during the trial
- Judgment is penal
- 3) Bad Defenses - warning!
- Judgment is contrary to recognizing state's public policy
- Mistakes of law and / or fact were made
- Should have been appealed in
rendering state's court system
- Should have been appealed in
rendering state's court system
- Judgment is contrary to recognizing state's public policy
- Federal and state courts required to
recognize one another's judgments
- 1) Entitled to Full Faith and Credit?
- b) Foreign Country Judgments
- Comity
- i) Whether jurisdiction was proper
- Minimum contact
- ii) Whether fair procedures were used during the earlier litigation
- Minimum contact
- i) Whether jurisdiction was proper
- Comity
- a) Sister state judgment
- Where party is seeking to have a judgment issued
by another state or country recognised in NY
- CHOICE OF LAW
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