Full Faith and Credit Act (28 U.S.C. § 1738)
State and territorial statutes, records, and judicial proceedings shall have the same full faith and credit in every court within the United States as they have by law or usage in the courts of the state from which they are taken.
Function
The FFC Act implements the Full Faith and Credit Clause (Art. IV, § 1) for judgments at the statutory level. It requires federal courts — not just state courts — to give preclusive effect to state court judgments to the same extent as the rendering state would.
Preclusion Effects
- Claim preclusion (res judicata): a valid final judgment on the merits bars relitigation of the same claim between the same parties
- Issue preclusion (collateral estoppel): issues actually litigated and necessarily decided are binding in subsequent proceedings
Key Issues
Federal question cases: Does § 1738 require federal courts to give preclusive effect to prior state court judgments even on federal claims? Generally yes — Allen v. McCurry (1980) (§ 1983 claims); Kremer v. Chemical Construction Corp. (1982) (Title VII). Federal courts may not relitigate issues decided in prior state proceedings.
Domestic relations exception: Courts have developed exceptions for custody decrees and support orders (also codified in Parental Kidnapping Prevention Act, 28 U.S.C. § 1738A).
Indian tribal judgments: § 1738 does not cover tribal court judgments; comity principles apply instead.
Conflict of Laws Context
In choice-of-law analysis, the FFC Act limits states’ ability to refuse recognition of sister-state judgments. Distinct from choice-of-law rules for transactions (where states have more flexibility). A valid judgment must be enforced even if the rendering state applied law the enforcing state would not have chosen.