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Home » Law Dictionary » F » FOREIGN JUDGMENT

FOREIGN JUDGMENT

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

evidence, remedies. A judgment rendered in a foreign state. 2. In Louisiana it has been decided that a judgment rendered by a Spanish tribunal, under the former government of the country, is not a foreign judgment. 3. The subject will be considered with regard, 1st. To the manner of proving such judgment; and 2d. Its efficacy. 4. 1. Foreign judgments are authenticated in various ways; 1. By an exemplification, certified under the great seal of the state or country where it was rendered. 2. By a copy proved to be a true copy. 3. By the certificate of an officer authorized by law, which certificate must, itself, be properly authenticated. There is a difference between the judgments of courts of common law jurisdiction and courts of admiralty, as to the mode of proof of judgments rendered by them. Courts of admiralty are under the law of nations; certificates of such judgments with their seals affixed, will therefore be admitted in evidence without further proof.. 5. 2. A judgment rendered in a foreign country by a court de jure, or even a court de facto, 4 Binn. 371, in a matter within its jurisdiction, when the parties litigant had been notified and have had an opportunity of being heard, either establishing a demand, against the defendant or discharging him from it, is of binding force. 6. For the manner of proving a judgment obtained in a sister state, see the article Authentication. For the French law in relation to the force of foreign judgments, see Dalloz, Dict. mot Etranger, art. 6.

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