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Related to comity: comity of nations


Courtesy; respect; a disposition to perform some official act out of goodwill and tradition rather than obligation or law. The acceptance or Adoption of decisions or laws by a court of another jurisdiction, either foreign or domestic, based on public policy rather than legal mandate.

In comity, an act is performed to promote uniformity, limit litigation, and, most important, to show courtesy and respect for other court decisions. It is not to be confused with full faith and credit, the constitutional provision that various states within the United States must recognize the laws, acts, and decisions of sister states.

Comity of nations is a recognition of fundamental legal concepts that nations share. It stems from mutual convenience as well as respect and is essential to the success of international relations. This body of rules does not form part of International Law; however, it is important for public policy reasons.

Judicial comity is the granting of reciprocity to decisions or laws by one state or jurisdiction to another. Since it is based upon respect and deference rather than strict legal principles, it does not require that any state or jurisdiction adopt a law or decision by another state or jurisdiction that is in contradiction, or repugnant, to its own law.

Comity of states is the voluntary acceptance by courts of one state of the decision of a sister state on a similar issue or question.


n. when one court defers to the jurisdiction of another in a case in which both would have the right to handle the case. Usually this is applied to a federal court allowing a state court to try a criminal case (either exclusively or first) in which both a state and federal crime has apparently been committed. Murder which also violates civil rights, kidnapping across state borders, murder of a federal official, fraud involving violations of both federal and state laws are examples of cases to which comity may apply.


noun accommodation, accord, affability, agreeableness, amenity, amiability, amity, benevolence, camaraderie, civility, compliance, concord, consideration, cordiality, courtesy, courtly politeeess, deference, disposition to please, fellow feeling, friendliness, general reciprocity, gentility, good will, graciousness, harmony, mansuetude, mutual consideration, mutual respect, neighborliness, obligingness, politeness, prévenance, reciprocity, respect, respectfulness
Associated concepts: comity between courts, comity in connlict of laws, comity of nations, comity of states

COMITY. Courtesy; a disposition to accommodate.
     2. Courts of justice in one state will, out of comity, enforce the laws of another state, when by such enforcement they will not violate their laws or inflict. an injury on some one of their own citizens; as, for example, the discharge of a debtor under the insolvent laws of one state, will be respected in another state, where there is a reciprocity in this respect.
     3. It is a general rule that the municipal laws of a country do not extend beyond its limits, and cannot be enforced in another, except on the principle of comity. But when those laws clash and interfere with the rights of citizens, or the laws of the countries where the parties to the contract seek to enforce it, as one or the other must give way, those prevailing where the relief is sought must have the preference. 2 Mart. Lo. Rep. N. S. 93; S. C. 2 Harr. Cond. Lo. Rep. 606, 609; 2 B. & C. 448, 471; 6 Binn. 353; 5 Cranch, 299; 2 Mass. 84; 6 Mass. 358; 7 Mart. Lo. R. 318. See Conflict of Laws; Lex loci contractus.

References in periodicals archive ?
stated goals of protecting separation of powers, international comity,
And it focuses, in particular, on what it is about the relationship between the states and the federal government that might make comity an unattractive framework for understanding the former's obligations to the latter.
The bill has been criticized as an unnecessary, illogical, and offensive expansion of Florida courts' historical comity analyses and application.
38) Furthermore, the Ninth Circuit stated that the District Court erred when it considered international comity concerns as a basis for denying the preliminary injunction when international comity concerns were actually inapplicable to the case.
International law and the general principles of comity encourage
This Note begins by explaining some of the differences in civil procedure in the United States and abroad; it then surveys the contours of the Evidence Convention, the Aerospatiale decision and its comity analysis, and lower court cases guided by that decision--focusing on those addressing jurisdictional discovery disputes.
The international comity doctrines are a subset of what we shall call
And there is always the possibility that someone acquiring central political authority in the United States will realize that the most desirable foreign policy for creating global comity and thus security for the nation is through a policy promoting international humaneness and generosity rather than ruthless domineering.
If she is to have any chance of restoring the spirit of comity to the House, she must show a human side that has heretofore not been a conspicuous part of her public persona.
Congressional staffers promise comity on aviation committees.
20) Even though courts in the United States often provide comity to foreign legal decisions, there are a number of differences between giving deference in that context and giving precedential effect to an ICJ decision.
Although there are fairly strict standards for when the comity of nations doctrine may be applied, businesses need to know that they are not immune from foreign legal judgments.