case or controversy

case or controversy
AD actual controversy over an issue, not merely a desire for an abstract declaration of the law. Re Summers, 325 US 561, 89 L Ed 1795, 65 S Ct 1307. A "case" was defined by Chief Justice Marshall to be a suit instituted according to the regular course of judicial procedure and in the jurisdiction clause of the Federal Constitution the word "controversy" is held to have the same meaning. If the two words as there used are distinguishable at all, it is possibly because "Controversies" are confined to suits of a civil nature. Muskrat v United States, 219 US 346, 55 L Ed 246, 31 S Ct 250.

Ballentine's law dictionary. . 1998.

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  • case or controversy — A term used in Article III, Section 2, of the Constitution to describe the structure by which actual, conflicting claims of individuals must be brought before a federal court for resolution if the court is to exercise its jurisdiction to consider …   Law dictionary

  • case and controversy — See case; case or controversy; controversy …   Ballentine's law dictionary

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