Full faith and Credit Clause Law & Legal Definition

Article IV, Section 1 of the US Constitution contains what is known as the Full Faith and Credit Clause. This clause requires all States in the US to recognize and give effect to the legislation, public records and judicial decisions of other Sates in the US. It states that each State should grant full faith and credit to the laws, public records and judicial decisions of every other state in the US. The clause ensures that the judicial decisions of other States are recognized by a State. This also ensures that individuals do not migrate to other states in order to escape a court judgment in another State.

This clause is implemented by 28 USCS § 1738: State and Territorial statutes and judicial proceedings; full faith and credit. It states as follows The Acts of legislature of any State, Territory, or Possession of the United States, or copies thereof, shall be authenticated by affixing the seal of such State, Territory or Possession thereto.

The records and judicial proceedings of any court of any such State, Territory or Possession, or copies thereof, shall be proved or admitted in other courts within the United States and its Territories and Possessions by the attestation of the clerk and seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the said attestation is in proper form.

Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken.