Comity

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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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
They called upon the internation comity of nations to get the longstanding issue resolved.
He said Pakistan has suffered from global contestation but we are poised to claim our rightful place in comity of nations through commitment to peace and stability.
'It is when the leadership deliver selfless services backed with the fervent prayers of the citizenry that the country will attain its pride of place in the comity of nations,' he said.
Late Nelson Mandela pursued the path of honesty and reconciliation throughout his political struggle and his party not only emerged victorious in the restoration of the status o f his country among comity of nations but his impact was also felt in the entire African continent.
he Prime Minister conveyed his best wishes, as well as that of the Government and people of India to President Obama, in achieving the goals that he has set for his people and for the role of the United States of America in the comity of nations.
Addressing the ceremony, Pakistan's High Commissioner in Canada Raza Bashir Tarar said Pakistan was moving towards its rightful place in the comity of nations, under the leadership of Prime Minister Imran Khan.
Addressing the annual convocation at the Institute of SouthernPunjab here on Saturday, he congratulated students over their success.He hoped the successful students would help Pakistan get a good place in the comity of nations.The minister said that Multan is a historical city and it had lot of potential to grow further.Known politician Abida Hussain said on the occasion that educationis key to success.
He appreciated their role and contribution for institutional building and to uplift the image of Pakistan in comity of nations. He expressed these views while addressing the meeting of Former Parliamentarians Forum at Pakistan Institute of Parliamentary Services (PIPS) on Thursday.
'We, as a nation, may maintain our individuality among the comity of nations and I restore lost glory of the past if we act upon Allama Iqbal's poetry and apply it to our lives.
Addressing at the launch of Paigham-e-Pakistan here at the Aiwan-e-Sadr, the Foreign Minister said the narrative would become the identity of Pakistani nation as peace loving people in the comity of nations.
The PTI leader said it was high time that comity of nations ensure the implementation of resolution adopted by the United Nations for plebiscite in held Kashmir.
Minister of State for Information and Broadcasting Marriyum Aurangzeb has said that promotion of national culture and identity would help project soft image of the country in the comity of nations, reported by Radio Pakistan.