Monetary award if any can be very difficult to

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Did problem occur, and if so, who is at fault? Monetary award, if any Can be very difficult to determine, especially when people are injured – there will, at a minimum, be pain and suffering that must be covered o When verdict is given to judge, then a motion can be made – very powerful Judgment not Withstanding the Verdict (Judgment NOV)
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Says that judge heard same evidence as everyone else, and that jury’s decision was illegitimate Judge can throw out jury’s decision If judge accepts the jury’s decision , he or she then enters judgment If you’re the plaintiff, and you won, how do you collect? If defendant has assets in Philadelphia, and you sue in court of common pleas, court can take those assets if the defendant didn’t pay Once a decision is handed out, you must work out a way to pay (otherwise the other person will have permission to take your assets) But what if the Long Arm Statute applies, and the defendant doesn’t live in PA? o Say if the defendant is from Massachusetts o Major issue – Constitution answers (Article 4, Section 1) Full Faith and Credit Clause o Other states have to recognize the decisions of sister states o Courts have worked out a process for Full Faith and Credit to work o 4 step process allowing you to collect in any state in Union o Say you won your case Philadelphia, but defendant lives in Massachusetts and has assets there – you can collect there because of Full Faith and Credit Step 1 – hire an attorney who can practice in Massachusetts This attorney meets with your attorney and representative of court in Philadelphia, and gets all relevant documents to show that trial was held and what outcome was Step 2 – he then registers these documents and the decision in MA, and court in MA accepts that decision as if it were its own because of Full Faith and Credit Clause Step 3 – Res judicata (any challenges; in general, though, you can’t retry case) “It stands decided” Can’t have second trial in MA – no retrying case But there are certain grounds upon which one state can refuse to honor another state’s division o Jurisdiction Ask MA court to review PA court on jurisdiction MA can decide whether Full Faith and Credit needs to apply, whether jurisdiction was proper o Public policy Different states have different laws Casinos are allowed in several states, but in others it is a criminal act Those states will not enforce a court’s decision based on gambling It’s against the law—against public policy— in the other state
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Prostitution If you gamble, lose a lot of money, and then skip out and go back home where there is no gambling allowed, the first state can’t collect Criminal law exception in other state enforcement o Note that in criminal law, there is an exception Say you’re sentenced to jail in PA, but you run off
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