28 U.S.C. § 1738

Definition

28 U.S.C. § 1738 is a federal statute that mandates federal courts to give full faith and credit to the public acts, records, and judicial proceedings of each state. This principle reinforces the importance of recognizing and enforcing state laws and decisions in federal courts, ensuring consistency and stability in the legal system across state lines.

5 Must Know Facts For Your Next Test

1. 28 U.S.C. § 1738 ensures that federal courts uphold the judgments made by state courts, fostering cooperation between different state legal systems.
2. This statute does not require a federal court to rehear a case but allows it to enforce the decision made by a state court.
3. The full faith and credit mandated by this section applies to civil matters and does not extend to criminal matters.
4. Certain exceptions exist under this statute where public policy considerations may prevent a federal court from enforcing a state law or judgment.
5. The application of 28 U.S.C. § 1738 plays a critical role in cases involving divorce decrees, custody orders, and property settlements across state lines.

Review Questions

• How does 28 U.S.C. § 1738 relate to the Full Faith and Credit Clause in terms of its application in federal courts?
  • 28 U.S.C. § 1738 embodies the principles laid out in the Full Faith and Credit Clause by mandating that federal courts must recognize and enforce state judicial proceedings. This relationship ensures that judgments rendered in one state are respected and upheld in another, creating a cohesive legal framework across states. It underscores the importance of mutual recognition among states while allowing federal courts to maintain order and consistency in legal interpretations.
• Discuss the limitations of 28 U.S.C. § 1738 when it comes to public policy considerations.
  • While 28 U.S.C. § 1738 establishes a strong principle for enforcing state laws, it recognizes exceptions based on public policy considerations. For example, if a state law conflicts significantly with federal law or public policy, federal courts may choose not to enforce that law or judgment. This flexibility is crucial for ensuring that overarching national interests or fundamental rights are upheld, even when specific state laws might differ significantly.
• Evaluate the implications of 28 U.S.C. § 1738 on interstate disputes involving family law issues like custody or divorce decrees.
  • 28 U.S.C. § 1738 has significant implications for interstate disputes in family law, especially regarding custody or divorce decrees. The statute mandates that states recognize and enforce such decrees issued by other states, which helps protect individuals' rights when moving or living across state lines. However, challenges can arise if public policy concerns come into play, as some states may refuse to enforce a decree they deem contrary to their laws or policies. This balance between enforcing judgments and respecting state sovereignty can lead to complex legal scenarios where individuals may need to navigate varying interpretations of family law across jurisdictions.

Related terms

Full Faith and Credit Clause: A clause in Article IV, Section 1 of the U.S. Constitution that requires states to recognize the public acts, records, and judicial proceedings of other states.

Comity: The legal principle that recognizes the jurisdiction and laws of another jurisdiction out of respect and mutual convenience, often related to international relations but also applicable to state relations.

Res Judicata: A legal doctrine that prevents an issue that has already been judged from being re-litigated in another court, promoting finality and efficiency in legal proceedings.