Comity
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comity
n.
civility; honorable or civil behavior
| Wikipedia English The Free Encyclopedia | Download this dictionary |
Comity
In law, comity specifically refers to legal reciprocity—the principle that one jurisdiction will extend certain courtesies to other nations (or other jurisdictions within the same nation), particularly by recognizing the validity and effect of their executive, legislative, and judicial acts. The term refers to the idea that courts should not act in a way that demeans the jurisdiction, laws, or judicial decisions of another jurisdiction. Part of the presumption of comity is that other jurisdictions will reciprocate the courtesy shown to them. Many statutes relating to the enforcement of foreign judgments require that the judgments of a particular jurisdiction will be recognized and enforced by a forum only to the extent that the other jurisdiction would recognize and enforce the judgments rendered by that forum. See reciprocity (international relations).
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| WordNet 2.0 Dictionary | Download this dictionary |
comity
Noun
1. a state or atmosphere of harmony or mutual civility and respect
(hypernym) harmony, concord, concordance
(hyponym) comity of nations
| Webster's Revised Unabridged Dictionary (1913) | Download this dictionary |
Comity
(n.)
Mildness and suavity of manners; courtesy between equals; friendly civility; as, comity of manners; the comity of States.
Mildness and suavity of manners; courtesy between equals; friendly civility; as, comity of manners; the comity of States.
Webster's Revised Unabridged Dictionary (1913), edited by Noah Porter. About
| The Lectric Law Library Dictionary | Download this dictionary |
Comity
A code of etiquette that governs the interactions of courts in different states, localities and foreign countries. Courts generally agree to defer scheduling a trial if the same issues are being tried in a court in another jurisdiction. In addition, courts in this country agree to recognize and enforce the valid legal contracts and court orders of other countries.
Comity is the legal doctrine under which countries recognize and enforce each others' legal decrees. Comity usually arises in two situations in family law. The first is where a divorce is granted by another country. If both parties were present and consented to the divorce, there is usually no problem with the U.S. recognizing the foreign divorce decree. The second situation arises in child custody cases. The Uniform Child Custody Jurisdiction Act requires that state courts recognize properly entered custody decrees of other nations; in turn, many other countries are beginning to recognize U.S. custody orders.
Courtesy; a disposition to accomodate.
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.
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.
This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.
Comity is the legal doctrine under which countries recognize and enforce each others' legal decrees. Comity usually arises in two situations in family law. The first is where a divorce is granted by another country. If both parties were present and consented to the divorce, there is usually no problem with the U.S. recognizing the foreign divorce decree. The second situation arises in child custody cases. The Uniform Child Custody Jurisdiction Act requires that state courts recognize properly entered custody decrees of other nations; in turn, many other countries are beginning to recognize U.S. custody orders.
Courtesy; a disposition to accomodate.
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.
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.
This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.
Courtesy of the 'Lectric Law Library.
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