Comity
Definition of Comity
Note: See a more comprehensive approach to the Comity legal concept in the American Law Encyclopedia
A courtesy by which one court defers to another in the exercise of judicial power. Comity is not a rule of law, but rather a practice of convenience. The principle prevents interference by courts in matters appearing before other courts. Comity is based on the proposition that the court that first asserts jurisdiction will be able to take a legal matter to conclusion. Comity is especially important in preserving the autonomy of federal and state courts in the American dual system.
See Also
Abstention (Law of the United States) Dual System (Law of the United States) Federalism (Law of the United States).
Resources
Comity Related Resources
- Comity in the United States Legal Encyclopedia
- Judicial Effects and Policies Keywords in the United States Legal Encyclopedia
- Judicial Policies Keywords in the International Legal Dictionary
Notes
- “Comity”, The American Law Dictionary, 1991, California
Comity
In the Past
Courtesy; a disposition to accomodate.
Developments
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 (see more about this popular legal topic in the U.S. encyclopedia) on someone 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.
Details
It is a general rule that the municipal (see more about this popular legal topic in the U.S. encyclopedia) 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 Crancb, 299; 2 Mass. 84; 6 Mass. 358; 7 Mart. Lo. R. 318. See Conflict of Laws; Lex loci contractus. [1]
Resources
Notes and References
- Partialy, this information about comity is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including comity.
See Also
Comity (Judicial Policies)
Comity
There is an additional definition in the world law dictionary.
Resources
See Also
- Full faith and credit clause
Leave a Reply