faith and credit clause in Illinois

1994Under the full faith and credit doctrine, the forum court where enforcement is sought will not rehear a case on its merits because the judgment is "res judicata as to the nature and amount of the plaintiffs claim." (Ayers, 109 Ill.App.3d at 523 , 65 Ill.Dec. 52 , 440 N.E.2d 907 .) A foreign judgment in personam rendered against one who was not designated a party, or who was not made a party by service of process, is not entitled to full faith and credit in the enforcing jurisdiction, and it may not be enforced against the absent person, as a matter of due *1359 process of law.

1994Under the full faith and credit doctrine, the forum court where enforcement is sought will not rehear a case on its merits because the judgment is "res judicata as to the nature and amount of the plaintiff’s claim.” (Ayers, 109 Ill.

1991IV, §1; Thompson v. Safeway Enterprises, Inc. (1978), 67 Ill.

1988“Under the doctrine of full faith and credit, the forum court will not rehear a case on its merits because the judgment is res judicata ***.” (Thompson v. Safeway Enterprises, Inc. (1978), 67 Ill.

1990IV, §1.) The circuit court, accordingly, was compelled to register plaintiff’s New Jersey money judgment in Illinois as a final judgment under this constitutional mandate. • As Justice Schaefer stated, the full faith and credit clause represents a constitutional embodiment of the Federal policy that, unless judgments receive interstate recognition: “[T]he insulated judicial systems of the several States may become sanctuaries within which obligations that have been fully and fairly adjudicated in another jurisdiction may be escaped.” Light v. Light (1957), 12 Ill. 2d 502, 510 , 147 N.E.2d 34,

1990IV, §1.) The circuit court, accordingly, was compelled to register plaintiff’s New Jersey money judgment in Illinois as a final judgment under this constitutional mandate. • As Justice Schaefer stated, the full faith and credit clause represents a constitutional embodiment of the Federal policy that, unless judgments receive interstate recognition: “[T]he insulated judicial systems of the several States may become sanctuaries within which obligations that have been fully and fairly adjudicated in another jurisdiction may be escaped.” Light v. Light (1957), 12 Ill. 2d 502, 510 , 147 N.E.2d 34,

1989Ed. 2d at 425 , 99 S. Ct. at 1188 .) Second, the Hall Court found that the full faith and credit clause does not require the forum State to apply another State’s law concerning sovereign immunity if it would contravene the forum State’s own legitimate public policy.

1989The Hall Court first held that the eleventh amendment does not prohibit a State from being sued in another State's courts; it only prohibits such suits in Federal court. ( Hall, 440 U.S. at 420-21 , 59 L.Ed.2d at 425 , 99 S.Ct. at 1188 .) Second, the Hall Court found that the full faith and credit clause does not require the forum State to apply another State's law concerning sovereign immunity if it would contravene the forum State's own legitimate public policy. ( Hall, 440 U.S. at 422 , 59 L.Ed.2d at 426 , 99 S.Ct. at 1189 .) Finally, the Hall Court stated that although a State may recogniz

1999"The full faith and credit clause of the United States Constitution [citation] generally *1070 requires every State to give a foreign judgment at least the res judicata effect which the judgment would be accorded in the State which rendered it." Pfaff v. Chrysler Corp., 208 Ill.App.3d 910, 922 , 153 Ill.Dec. 337 , 567 N.E.2d 52, 60 (1991), aff'd, 155 Ill.2d 35 , 182 Ill.Dec. 627 , 610 N.E.2d 51 (1992).

1999"The full faith and credit clause of the United States Constitution [citation] generally *1070 requires every State to give a foreign judgment at least the res judicata effect which the judgment would be accorded in the State which rendered it." Pfaff v. Chrysler Corp., 208 Ill.App.3d 910, 922 , 153 Ill.Dec. 337 , 567 N.E.2d 52, 60 (1991), aff'd, 155 Ill.2d 35 , 182 Ill.Dec. 627 , 610 N.E.2d 51 (1992).

1999Fauntleroy, 210 U.S. at 237 , 52 L.

1992Ed. 1039, 1042 , 28 S. Ct. 641, 643-44 , in which the Supreme Court ruled that the full faith and credit clause required the Mississippi court to recognize and enforce a Missouri judgment, also based upon a transaction involving gambling, notwithstanding the fact that the cause of action was illegal in Mississippi.

1990(Brownlee v. Western Chain Co. (1977), 49 Ill.

1982(Brownlee v. Western Chain Co. (1977), 49 Ill.

2002Wallen, 262 Ill.

2002Wallen , 262 Ill.

2001Thorson v. LaSalle National Bank , 303 Ill.

2001Thorson v. La Salle National Bank, 303 Ill.

1989Accordingly, notwithstanding the general rule that where inconsistent judgments exist, the full faith and credit clause requires the latest judgment to be controlling in a third action between the parties (Treinies v. Sunshine Mining Co. (1939), 308 U.S. 66 , 84 L.

1989Accordingly, notwithstanding the general rule that where inconsistent judgments exist, the full faith and credit clause requires the latest judgment to be controlling in a third action between the parties (Treinies v. Sunshine Mining Co. (1939), 308 U.S. 66 , 84 L.

1988Ed. 1026 , 52 S. Ct. 571 , he urges that the courts in Illinois must recognize this defense under the full faith and credit clause.

1940Supply Co. v. Industrial Com. 341 Ill. 193 ; Bradford Electric Light Supply Co. v. Clapper, 286 U. S. 145 , 76 L. ed. 1026.) In the Clapper case, the court, in considering the extra-territorial effect to be given the Workmen’s Compensation act of one State by the courts of another under the full faith and credit clause, said: “The mere recognition by the courts of one State that parties by their conduct have subjected themselves to certain obligations arising under the law of another State is not to be deemed an extra-territorial application of the law of the State creating the obligation.

1987The court then stated: “The United States Supreme Court has long held that ‘the full faith and credit clause of the Constitution precludes any inquiry into the merits of the cause of action, the logic or consistency of the decision, or the validity of the legal principles on which the judgment is based.’ (Milliken v. Meyer (1940), 311 U.S. 457, 461 , . 85 L.

1987The court then stated: “The United States Supreme Court has long held that ‘the full faith and credit clause of the Constitution precludes any inquiry into the merits of the cause of action, the logic or consistency of the decision, or the validity of the legal principles on which the judgment is based.’ (Milliken v. Meyer (1940), 311 U.S. 457, 461 , . 85 L.

1982(Thompson; Southern Bell Telephone & Telegraph Co. v. Woodstock, Inc. (1975), 34 Ill.

1979(Southern Bell Telephone & Telegraph Co. v. Woodstock, Inc. (1975), 34 Ill.

1979App. 3d 1047, 1052 , 274 N.E.2d 157, 160 .) Moreover, the Illinois courts are not obligated to give comity to a foreign court and the full faith and credit clause of the Federal Constitution (U.S. Const., art.

1975IV, Sec. 1, U.S. Constitution) does not require an Illinois court to recognize or enforce the decree of a foreign country.” (Hager v. Hager, 1 Ill.App.3d 1047, 1050 , 274 N.E.2d 157 .) Hager cites a number of authorities in support of this proposition including the exhaustive opinion of the Supreme Court of Illinois in Clubb.

2026Id. (citing Clubb v. Clubb, 402 Ill. 390, 399-400 (1949)). ¶ 16 The enforcement of non-Illinois judgments is governed by two statutes: the Foreign Judgments Act (735 ILCS 5/12-650 et seq.