A judgment obtained in a foreign
jurisdiction may be considered nonrecognizable and unenforceable by the courts of this
state if:
| (1) |
the judgment was obtained in a jurisdiction outside the United States; |
Terms Used In Utah Code 78B-5-320
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (2) |
the judgment resulted in a libel judgment for damages; and |
| (3) |
the court sitting in this state before which the matter is brought determines that the libel law applied in the foreign court’s adjudication process did not provide at least as much protection for freedom of speech and press as would be provided by the United States Constitution and the Utah Constitution. |
Enacted by Chapter 117, 2010 General Session
