Comity - Law Dictionary Search Results
Home Dictionary Name: comitycomity
comity 1 : comity of nations 2 : the informal and voluntary recognition by courts of one jurisdiction of the laws and judicial decisions of another called also judicial comity compare choice of law, federalism, full faith and credit ...
Comity of Nations
Comity of Nations, the most appropriate phrase to express the true foundation and extent of the obligation of the laws of one nation within the territories of another. It is derived altogether from the voluntary consent of the latter, and is inadmissible when it is contrary to its known policy or prejudicial to its interests. In the silence of any positive rule affirming or denying or restrain-ing the operation of foreign laws, courts of justice presume the tacit adoption of them by their own government, unless repugnant to its policy or prejudicial to its interests. It is not the comity of the courts, but the comity of the nation, which is administered and ascertained in the same way, and guided by the same reasoning, by which all other principles of the municipal law are ascertained and guided, Story's Conflict of Laws, s. 38, and see Westlake's Pr. Intern. Law....
comity of nations
comity of nations : the courtesy and friendship of nations marked esp. by mutual recognition of executive, legislative, and judicial acts 2 : the group of nations practicing international comity ...
judicial comity
judicial comity : comity ...
Comity
Mildness and suavity of manners courtesy between equals friendly civility as comity of manners the comity of States...
Vicecomes dicitur quod vicem comitis suppleat
Vicecomes dicitur quod vicem comitis suppleat. Co. Litt. 168 a.-[Vicecomes (sheriff) is so called because he supplies the place of the comes (earl).]...
full faith and credit
full faith and credit : the recognition and enforcement of the public acts, records, and judicial proceedings of one state by another see also Article IV of the Constitution in the back matter compare choice of law, comity, federalism NOTE: Unlike comity, full faith and credit is a requirement created by the U.S. Constitution and the U.S. Code. A public law or a judicial decision may not, however, be entitled to full faith and credit for specific reasons (as for having been decided by a court not having jurisdiction). Full faith and credit is given only in civil cases; states recognize each other's criminal laws through the mechanism of extradition. ...
choice of law
choice of law :an issue in conflicts of law as to what law (as among laws of different states or multiple federal laws) should be applied in a case compare comity, federalism, full faith and credit ...
equity
equity pl: -ties [Latin aequitat- aequitas fairness, justice, from aequus equal, fair] 1 a : justice according to fairness esp. as distinguished from mechanical application of rules [prompted by considerations of ] [comity between nations, and require it to be paid for "F. A. Magruder"] b : something that is equitable : an instance of equity [the inequities produced by the system are outnumbered by the equities] 2 a : a system of law originating in the English chancery and comprising a settled and formal body of substantive and procedural rules and doctrines that supplement, aid, or override common and statutory law [the judicial power shall extend to all cases, in law and , arising under this Constitution "U.S. Constitution art. III"] see also chancery compare common law, law NOTE: The courts of equity arose in England from a need to provide relief for claims that did not conform to the writ system existing in the courts of law. Originally, the courts of equity exercised great ...
exhaustion of remedies
exhaustion of remedies :a doctrine of civil and criminal procedure: a remedy cannot be sought in another forum (as a federal district court) until the remedies or claims have been exhausted in the forum having original jurisdiction (as a state court, tribal court, or administrative agency) compare primary jurisdiction at jurisdiction NOTE: The doctrine of exhaustion of remedies was first developed by judges in case law based on comity. It is used primarily in administrative law cases and federal habeas corpus cases, and it is now incorporated in the federal habeas corpus statute (section 2254 of title 28 of the U.S. Code). It may also be applied when an administrative agency has original jurisdiction over a claim. It is used in proceedings in tribal courts. ...
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