Also known as: public acts · public records
Written by attorneys · grounded in primary & secondary sources — see below
An official act or record created or maintained by a public officer or agency. Such acts carry presumptive authenticity and receive full faith and credit across jurisdictions when properly authenticated.
Anchor Bank records a satisfaction piece after Albert Allen pays off his loan in full. The county recorder enters the document into the public index. Title examiners later rely on the entry to confirm that no encumbrance remains on the property.
A court in State D enters a money judgment against Alice Atkins. Gate Buildings presents a certified copy of the judgment to a court in State E. The State E court must treat the judgment as conclusive under the constitutional command to honor public acts of other states.
Citizens for Open Government offers an investigative report prepared by a city agency that details alterations to council minutes. The report contains factual findings reached after an official inquiry. The court admits the report under the public-records exception because the agency acted pursuant to legal authority.
Select any source to read its text and confirm it supports the definition.
Astra Aerospace pays off a mortgage held by Anchor Bank on property owned by Adrian Aguilar. The payment occurs because Astra expected a security interest of equal priority. A court recognizes Astra as subrogee and permits it to enforce the mortgage against junior lienholders whose interests appear in the public records.
The government seeks to enjoin the New York Times from printing excerpts of classified documents. The newspaper contends that the documents are already part of the public domain through prior leaks. The Court refuses the injunction because the government cannot overcome the heavy presumption against prior restraints on public information.
A Virginia court grants Amelia Amari a divorce decree. Her former spouse later challenges the decree's validity in a District of Columbia proceeding. The D.C. court must give the Virginia decree the same effect it would receive in Virginia because the decree constitutes a judicial proceeding of another state.
The clause requires each state to give the public acts, records, and judicial proceedings of every other state the same effect they would receive in the rendering state. Congress may prescribe the manner of proof and the effect of such acts. A final judgment rendered after due process therefore binds the forum state even when local policy differs.
A record or report of a public office is admissible if it sets forth factual findings from an investigation made pursuant to authority granted by law. The exception applies in civil cases and against the government in criminal cases, subject to a trustworthiness determination. The proponent need not show that the declarant is unavailable.
Payment of the full debt entitles the mortgagor to a release or satisfaction piece from the mortgagee. The mortgagee must execute and deliver the document so that it can be recorded. Recording clears the public records and prevents subsequent purchasers from taking subject to the extinguished lien.
Equitable subrogation assigns the mortgage and the underlying obligation to the payor by operation of law rather than discharging them. The subrogee steps into the shoes of the original mortgagee and may enforce the lien against junior interests. A formal assignment may be recorded to give notice to third parties.
…were rendered, under the provision of the Constitution requiring that "full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State;" and the act of Congress providing for the mode of authenticating such acts, records, and proceedings, and declaring that, when thus…