Comity


Also found in: Dictionary, Thesaurus, Medical, Encyclopedia, Wikipedia.
Related to Comity: comity of nations

Comity

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.

comity

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.

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 ?
Likewise, a good faith possessor who prevails on the basis of a choice of law ruling and comity, like TBC, succeeds justly.
Charron, 'A Comity Of Error: Analyzing New York's Choice of Law Rules in Stolen Art Cases', 250 N.Y.L.J.
constituted a breach of international comity. (133) Google made this
better than the comity doctrines--also sometimes called foreign
Although the Court of Appeals did not address property rights under a Vermont civil union, the Fourth Department stated, "[W]e conclude that comity does require the recognition of property rights arising from a civil union in Vermont." Stating that this conclusion "is consistent with the public policy of New York, inasmuch as the laws of Vermont and New York both predicate property rights on the objective evidence of a formal legal relationship," the equitable distribution of property acquired during both the civil union and during the marriage would be determined after trial.
Brillo said together with Comity, it has front-office transformation capabilities that help clients deliver differentiated and engaging experiences to their customers.
While a precise definition of comity remains "elusive,"
"The central issue that we address is whether principles of international comity required the district court to dismiss the suit.
1997) ("[C]ourts will not extend comity to foreign proceedings when doing so would be contrary to the policies or prejudicial to the interests of the United States.").
comity (by keeping the courts away from disputes involving delicate
The Article assesses why, in the context of our federal system, some instances of intergovernmental courtesy and deference are characterized as exercises in comity, while others are not.