comity
Comity refers to courts of one state or jurisdiction respecting the laws and judicial decisions of other jurisdictions – whether state, federal or international – not as a matter of obligation but out of deference and mutual respect.
Comity refers to courts of one state or jurisdiction respecting the laws and judicial decisions of other jurisdictions – whether state, federal or international – not as a matter of obligation but out of deference and mutual respect.
The “comity of nations” doctrine permits recognition of foreign proceedings to the extent that such proceedings are determined to be orderly, fair, and not detrimental to another nation’s interests.
Conflict of laws refers to a difference between the laws of two or more jurisdictions with some connection to a case, such that the outcome depends on which jurisdiction's law will be used to resolve each issue in dispute. The conflicting legal rules may come from U.S. federal law, the laws of U.S. states, or the laws of other countries.
A 2001 Supreme Court holding that a woman who was named as the beneficiary of her former husband's 401(k) plan was entitled to inherit the money in the plan, even though state law said that the divorce had automatically revoked her right to inherit. As 401(k) plans are governed by federal law (ERISA), it pre-empted the state law that interfered with ERISA’s objectives.
Forum non conveniens refers to a court's discretionary power to decline to exercise its jurisdiction where another court, or forum, may more conveniently hear a case.
Forum shopping refers to the practice of pursuing a claim subject to concurrent jurisdiction in the court that will treat the claim most favorably. Forum shopping can occur between courts in different states, between federal and state courts in the same state, or between courts in separate countries.
Governing law is a contractual provision (also known as a choice of law provision) that determines which law shall apply in the event of a dispute. Such a clause is generally honored by the courts which do not interfere with the agreement of the parties regarding the applicable law.
Lex fori is a Latin phrase meaning “law of the forum,” and refers to the laws of the jurisdiction of the court where the action was brought.
Lex loci is a Latin term meaning the "law of [the] place". The principle that the law of the place giving rise to particular rights is the law that governs the rights of parties to a legal proceeding. This term is particularly relevant in the realm of
The National Conference of Commissioners on Uniform State Laws (NCCUSL), also known as the Uniform Law Commission, is a non-partisan, non-profit, unincorporated association that discusses and debates which areas of the law require uniformity among the states and territo