I know it applies from state court to state court.
But does it also apply to:
state to fed court
fed to state court
and fed to other fed courts?
Full Faith & Credit Clause Forum
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Puffman1234
- Posts: 47
- Joined: Sat Jun 17, 2017 2:16 am
Re: Full Faith & Credit Clause
I believe that the Full Faith and Credit Clause of the Constitution applies only to state to state.
However, 28 U.S.C. 1738 basically codifies the FFC clause so that it applies to the federal courts.
As for whether state have to give FFC to federal decisions, I had the same question sometime in law school. I don't remember the specifics but I did look into it, and basically what it boils down to is that while no constitutional provision actually requires states to respect federal court decisions in the sense of FFC, all states do. If they didn't, the system would break. So, while it's not technically accurate to say the FFC clause applies to all courts in all configurations (fed-fed, fed-state, state-state, state-fed), I'd just treat it like it does because that's the actual result.
However, 28 U.S.C. 1738 basically codifies the FFC clause so that it applies to the federal courts.
As for whether state have to give FFC to federal decisions, I had the same question sometime in law school. I don't remember the specifics but I did look into it, and basically what it boils down to is that while no constitutional provision actually requires states to respect federal court decisions in the sense of FFC, all states do. If they didn't, the system would break. So, while it's not technically accurate to say the FFC clause applies to all courts in all configurations (fed-fed, fed-state, state-state, state-fed), I'd just treat it like it does because that's the actual result.
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Toubro
- Posts: 243
- Joined: Tue Sep 02, 2014 7:18 pm
Re: Full Faith & Credit Clause
I just looked this up in my old civ pro notes, and I have down that when a state court is assessing the effect to give a federal judgment, it would try to give the judgment the same preclusive effect it would have in the rendering court system. Applying the federal law of res judicata it would then have to give (effectively) full faith and credit to the federal judgment, because that's what another federal court would do.Puffman1234 wrote:I believe that the Full Faith and Credit Clause of the Constitution applies only to state to state.
However, 28 U.S.C. 1738 basically codifies the FFC clause so that it applies to the federal courts.
As for whether state have to give FFC to federal decisions, I had the same question sometime in law school. I don't remember the specifics but I did look into it, and basically what it boils down to is that while no constitutional provision actually requires states to respect federal court decisions in the sense of FFC, all states do. If they didn't, the system would break. So, while it's not technically accurate to say the FFC clause applies to all courts in all configurations (fed-fed, fed-state, state-state, state-fed), I'd just treat it like it does because that's the actual result.
