- controversy
- A word used in delimiting judicial power meaning an issue appropriate for judicial determination, being definite and concrete, concerning legal relations among parties with adverse interests, and being so real and substantial as to be capable of a decision granting or denying specific relief. Aetna Life Ins. Co. v Haworth, 300 US 227, 81 L Ed 617, 57 S Ct 461, 108 ALR 1000, reh den 300 US 687, 81 L Ed 889, 57 S Ct 667. As used in Article III, Section 2, of the Constitution of the United States, the term "controversy" refers to the claims or contentions of litigants brought before the courts for adjudication by regular proceedings established for the protection or enforcement of rights, or the prevention, redress, or punishment of wrongs. Interstate Commerce Com. v Brimson, 154 US 447, 475, 38 L Ed 1047, 1057, 14 S Ct 1125. A "controversy" under the Civil Practice Act provision for bringing in other parties where a complete determination of the controversy cannot be had without their presence, is not confined to the claim originally asserted by the plaintiff against the defendant; it is sufficient that the controversy as delimited by the complaint and counterclaim relates to a single occurrence and presents common questions of law and fact. Johnson v Moon, 3 Ill 2d 561, 121 NE2d 774, 46 ALR2d 1246. See case; case or controversy.
Ballentine's law dictionary. Anderson, W.S.. 1998.