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The court stated that the enforcement of a foreign judgment was a matter of comity is viewed as the "classic" statement of comity in international law. [24] [25] [26] The Court held in that case: [27] "Comity," in the legal sense, is neither a matter of absolute obligation, on the one hand, nor of mere courtesy and good will, upon the other.
If the law of the court which has adjudicated would not accept an equivalent judgment at face value, it will not enjoy reciprocity. [43] Reciprocity is not the central tenet of recognition, but rather it is suggested that it is the doctrine of obligation. [43] This sits at the apex of an interplay between sovereignty, comity, consent, and ...
Hilton v. Guyot, 159 U.S. 113 (1895), was a United States Supreme Court case where the Court ruled that the recognition and enforceability of a foreign judgment rested on the "comity of nations," namely whether there would be any reciprocity and mutual recognition by the foreign jurisdiction from which the judgment was issued.
The doctrine of exhaustion of remedies prevents a litigant from seeking a remedy in a new court or jurisdiction until all claims or remedies have been exhausted (pursued as fully as possible) in the original one. The doctrine was originally created by case law based on the principles of comity.
The underlying principles, such as basing respect given to foreign courts on reciprocal respect or comity, also apply in civil law systems in the form of the legal doctrine of lis alibi pendens. Forum non conveniens is not exclusive to common law nations: the maritime courts of the Republic of Panama , although not a common law jurisdiction ...
Under international law, this authority is part of the doctrine of comity. The court will invoke comity by its discretion and will usually look to two factors before using its discretionary powers: did the foreign court have jurisdiction, and were fair procedures used in adjudicating the case? Under English law, it is the doctrine of obligation.
In a legislative session devoted mostly to tax policy, Louisiana lawmakers are taking steps to empower themselves to set up new state courts outside of the traditional judicial system.
The "stripping doctrine" permits a state official who used his or her position to act illegally to be sued in his or her individual capacity. [citation needed] However, the government itself is still immune from being sued through respondeat superior. [citation needed] The courts have called this "stripping doctrine" a legal fiction.