courts and procedure

Definition

The principle that one sovereign nation voluntarily adopts or enforces the laws of another sovereign nation out of deference, mutuality, and respect.

Unlike enforcement of judgments between states in the United States (which is governed by the Comity Clause of the Constitution), there is no Constitutional obligation on a U.S. court to recognize or enforce a foreign judgment. Neither is comity of nations embodied in international law.

Definition

The legal principle that political entities (such as states, nations, or courts from different jurisdictions) will mutually recognize each other’s legislative, executive, and judicial acts. The underlying notion is that different jurisdictions will reciprocate each other’s judgments out of deference, mutuality, and respect.

In Constitutional law, the Comity Clause refers to Article IV, § 2, Clause 2 of the U.S.

Definition

One of multiple defendants jointly sued in the same litigation or charged with the same crime. Also termed joint defendant.

Definition

Coercion by unjustifiably threatening to reveal to another person or to the public substantially true information that is embarrassing, injurious, or incriminating.

Definition

An arrest warrant issued directly by a sitting judge or magistrate to a law-enforcement officer in a criminal or civil court proceeding.

Definition

A written examination that a person must pass in order to obtain a license to practice law.

Definition

A professional organization of lawyers.

State bar associations, which are usually created by state statute, often require membership for anyone desiring to practice law in that state. Such organizations have the authority to regulate the legal profession by disciplining lawyers or formally bringing lawsuits against them.

Local bar associations, which have voluntary membership, are organized at the county or city level.

Definition

1) A declaration.

2) An offer of proof made (after a judge has ruled evidence inadmissible) in order to preserve evidence in the record for consideration on appeal.

Illustrative caselaw

See, e.g. Tetrick v. Frashure, 119 S.W.3d 89 (Ky. Ct. App. 2003).

See also

• Fed. R. Evid. 103(a)(2)

Definition

A medical examination of a corpse to determine disease, injury, and cause of death, especially in a criminal investigation. Also termed postmortem; postmortem examination; necropsy; obduction.

Definition

A dangerous condition on a landowner’s property that may attract children onto the land and may involve risk or harm to their safety.