纽约州冲突法 NEW YORK CONFLICTS.docVIP

NEW YORK CONFLICTS THE CONFLICTS ROAD MAP, or heres where were heading... 1. Recognition and Enforcement of Judgments 2. Domicile 3. Choice of Law RECOGNITION AND ENFORCEMENT OF JUDGMENTS The state handing down the judgment is the rendering state. The state called upon to recognize and enforce the judgment is the recognizing state. SISTER STATE JUDGMENTS ## Two-Part Test: Judgement must meet Full Faith and Credit Requirements Valid jurisdiction in the rendering court over both the parties and the subject matter of the litigation. The judgment was a final judgment. Modifiable judgment is not a final judgment and gets no full faith and credits, can only be enforced under the principle of comity, except future alimony and child support (Judgments for amounts already accrued and in arrears are considered final judgements). -hypo: the alimony and child support is final judgment , but only for the one year accrued but not paid. Judgment must have been rendered on the merits, including default judgment and consent judgment. A judgment for the defendant that does not involve substance of P’s claim is not on the merits. No Valid Defense Valid defense include penal judgment and extrinsic fraud (e.g., bribing judge), court will not enforce this kind of judgement Penal judgment is Judgment rendered for an offense against the public. --E.g: criminal sanction or civil fine. Winner must be the government, not a private person or entity Intrinsic fraud is fraud that could have been dealt with during the litigation and it is NOT a good defense to full faith and credit, perjury. Extrinsic fraud if fraud that could not have been coped with in the earlier trial, e.g., corrupt judge. “Non-defenses”: tax judgment (are penal, TODAY OKAY) Based on a cause of action that violates forums public policy , mistakes by the judge in the earlier trial, The remedy for such mistakes is to appeal the incorrect judgment, it is too late to raise the issue at the recognition of jud