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Legal Definitions - comity

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Definition of comity

Comity is a legal term that refers to the respect that courts in one jurisdiction show to the laws and judicial decisions of other jurisdictions. This respect is not required by law, but is given out of mutual respect and deference.

For example, in the United States, the Comity Clause of the Constitution governs the enforcement of judgments between states. This means that if a court in one state issues a judgment, courts in other states should respect that judgment and enforce it if necessary.

Another example of comity is the first-filed rule. This rule applies when two or more substantially identical actions are filed in different federal district courts. In this situation, the court with the action that was filed first should have jurisdiction over the case, and the court with the later-filed action should defer to the first court by dismissing, staying, or transferring the later-filed suit.

Overall, comity is an important principle in the legal system that helps to promote cooperation and mutual respect between different jurisdictions.

The young man knows the rules, but the old man knows the exceptions.

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Simple Definition

Comity is when courts in one place show respect for the laws and decisions made by courts in other places, even if they don't have to. This is done out of kindness and mutual respect. In the United States, there is a rule called the Comity Clause that helps decide how to enforce judgments between different states. If two courts are working on the same case, the court that started first gets to keep working on it. This is called the first-filed rule. Comity is also important between different countries, and is called the comity of nations.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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If we desire respect for the law, we must first make the law respectable.

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