§ 3601

Citation: § 3601
Parent Document: Gadson v. Royal/Concord Gardens (1996)
Jurisdiction: New Hampshire (state)
Effective Date: 1996-11-20
Original Source: https://www.courtlistener.com/opinion/10695430/gadson-v-royalconcord-gardens/ ↗

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The preclusive effect of a state court judgment in a
     subsequent federal lawsuit generally is determined by
     the full faith and credit statute, which provides that
     state 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 such State . . . from which they are taken." 28
     U.S.C. §1738. This statute directs a federal court to
     refer to the preclusion law of the state in which
     judgment was rendered. "It has long been established
     that §1738 does not allow federal courts to employ
     their own rules of res judicata in determining the
     effect of state judgments. Rather, it goes beyond the
     common law and commands a federal court to accept the
     rules chosen by the State from which the judgment is
     taken."

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