Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

comity :: legal definition


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.


Related Law Terms

abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
ancillary jurisdiction :: n. a term used in federal courts when the court de ... ine. See also: pendent jurisdiction
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed.
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
bankruptcy court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:."
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline.
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights
district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court
diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000.
docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court.
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy
federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
first degree murder :: n. although it varies from state to state, it is g ... aughter murder second degree murder
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history.
jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison.
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent
pendent jurisdiction :: n. in federal procedure, the policy that allows a ... n. (It also may be spelled: pendant
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
preemption :: n. the rule of law that if the federal government ... cs control may parallel each other.
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment.
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case.
rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue.
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy
unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
will :: n. a written document which leaves the estate of t ... will and testament probate testator

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - C

C.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again.
cancellation :: cancel ... cancel
caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will.
capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account
capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
capital investment :: capital expenditure ... capital expenditure
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets.