美国纽约州律师资傅鸟考试各科提纲 - 国际私法.pdfVIP

融经国际商法咨询服务 GnosisPraxis Int’l Commercial Regulatory Consulting 美国纽约州律师资格考试各科提纲– 国际私法 CONFLICTS OF LAW RECOGNITION AND ENFORCEMENT OF JUDGMENTS Rendering State: state handing down the judgment Recognizing State: state called upon to recognize and enforce the judgment Sister State Judgments  Requirements: o Judgment must meetfull faith and credit requirements AND o No valid defenses apply  Full Faith and Credit Requirements o Valid jurisdiction in the rendering court over both parties and the subject matter of the litigation o Judgment was final judgment  NOTE: if modifiable, then not a final judgment, but will usually be enforced under principals of comity  Examples of modifiable judgments: o Future alimony o Future child support  NOTE: judgments for amounts already accrued and in arrears are considered final judgments o Judgment must have been rendered on the merits  NOTE: default judgments and consent judgments are on the merits  Defenses o Judgment is penal  Court will not enforce – this is a judgment rendered for an offense against the public (winner must be the government)  Ex. o Criminal sanction o Civil fine o Extrinsic Fraud  Fraud that could not have been coped with in the earlier trial  Ex. bribing a judge  NOTE: intrinsic fraud