comity

com·i·ty

C0504900 (kŏm′ĭ-tē)n. pl. com·i·ties 1. An atmosphere of social harmony.2. See comity of nations.3. Law The principle by which a court in one jurisdiction defers to a court in another jurisdiction where either would have legal power to decide the case, or gives effect to the laws, executive acts, or legal decisions of another jurisdiction.

[Latin cōmitās, from cōmis, friendly; see smei- in Indo-European roots.]

comity

(ˈkɒmɪtɪ) n, pl -ties1. mutual civility; courtesy2. (Government, Politics & Diplomacy) short for comity of nations3. (Theology) the policy whereby one religious denomination refrains from proselytizing the members of another[C16: from Latin cōmitās, from cōmis affable, obliging, of uncertain origin]

com•i•ty

(ˈkɒm ɪ ti)

n., pl. -ties. 1. mutual courtesy; civility. 2. Also called com′ity of na′tions. courtesy between nations, as in respect shown by one country for the laws and institutions of another. [1535–45; < Latin cōmitās=cōm(is) affable + -itās -ity]

comity

amity.See also: Agreement, Relationship

Thesaurus

Noun

comity - a state or atmosphere of harmony or mutual civility and respectconcordance, concord, harmony - a harmonious state of things in general and of their properties (as of colors and sounds); congruity of parts with one another and with the wholecomity of nations - courteous respect by one nation for the laws and institutions of another

Comity

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.

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Words related to comity

noun a state or atmosphere of harmony or mutual civility and respect

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