Legal Definitions - comity

Comity is a legal principle where courts and governmental bodies in one jurisdiction show respect and deference to the laws, judicial decisions, and governmental acts of other jurisdictions. This respect is typically extended not because there is a strict legal obligation to do so, but rather out of a spirit of mutual courtesy, good will, and a desire to promote harmony between different legal systems. It acknowledges the legitimate authority of other jurisdictions and helps avoid conflicts or contradictory outcomes.

• Recognition of Foreign Divorces

  Imagine a couple who legally divorced in France, obtaining a valid divorce decree under French law. If one of them later moves to the United States and wishes to remarry, a U.S. court would generally, out of comity, recognize the French divorce as valid. The U.S. court is not legally compelled by a treaty to recognize every foreign divorce, but it does so to respect the judicial acts of a sovereign nation and to avoid creating a situation where the individual is considered divorced in one country but still married in another.

• Applying Another State's Contract Law

  Consider a business contract signed between two companies, one based in California and the other in New York. The contract explicitly states that any disputes arising from it will be governed by the laws of Texas. If a dispute occurs and one company sues the other in a California court, that California court, out of comity, would typically apply Texas law to interpret the contract, even though the case is being heard in California. This demonstrates respect for the parties' contractual agreement and the legal framework chosen by another state.

• Federal Court Deference to State Administrative Proceedings

  Suppose a federal court is presented with a lawsuit challenging a state's environmental regulation. At the same time, the state's specialized environmental agency is actively reviewing the very same regulation through its own administrative process, which is designed to handle such complex technical issues. The federal court might, out of comity, choose to temporarily pause its proceedings and allow the state administrative agency to complete its review first. This shows deference to the state's expertise and its established procedures for resolving disputes within its own jurisdiction, preventing premature federal intervention.