CFE – Law — Question 65

Which of the following statements concerning judgments involving parties in multiple jurisdictions is MOST ACCURATE?

Answer options

• A. If a party obtains a judgment in one jurisdiction, that party will automatically be able to enforce the judgment wherever the defendant resides.
• B. If a party obtains a judgment in one jurisdiction, that party will automatically be able to enforce the judgment in any jurisdiction.
• C. Whether a foreign judgment is enforceable might depend on whether the two jurisdictions have an enforcement treaty.
• D. Whether a foreign judgment is enforceable always depends on where the defendant's assets are located.

Correct answer: D

Explanation

The correct answer is D because the enforceability of a foreign judgment is indeed influenced by the location of the defendant's assets; if the assets are not in the jurisdiction where enforcement is sought, it may not be possible to collect. Options A and B are incorrect as they overstate the automatic enforceability of judgments across jurisdictions. Option C, while potentially relevant in some cases, does not universally apply to all foreign judgments.