Civil Procedure

Full Faith and Credit

Definition

The Full Faith and Credit Clause in Article IV, Section 1 of the Constitution requires each state to recognize and enforce the public acts, records, and judicial proceedings of every other state. Under 28 U.S.C. Section 1738, federal courts must also give the same preclusive effect to state court judgments as the rendering state would give them. This clause is the constitutional basis for the interstate recognition of judgments and prevents parties from relitigating claims in other states.

Example

A plaintiff obtains a judgment in California state court. Under full faith and credit, a New York court must enforce that judgment without re-examining the merits.

Study Civil Procedure with Briefly

Master civil procedure concepts with AI-powered case briefs, cold call drills, flashcards, and more. Start your 7-day free trial.