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

  • Case or Controversy clause — The Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) has been deemed to impose a requirement that United States federal courts are not permitted to hear cases that do not pose an …   Wikipedia

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  • case or controversy — See case standing to sue doctrine …   Black's law dictionary

  • case — 1 n [Latin casus accident, event, set of circumstances, literally, act of falling] 1 a: a civil or criminal suit or action the judicial power shall extend to all case s, in law and equity, arising under this Constitution U.S. Constitution art.… …   Law dictionary

  • controversy — con·tro·ver·sy / kän trə ˌvər sēBrit alsokən trä vər sē/ n pl sies 1: a state of dispute or disagreement suits at common law, where the value in controversy shall exceed twenty dollars U.S. Constitution amend. VII 2: a civil action involving a… …   Law dictionary

  • case requirement — >> controversy (2). Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • Controversy — Disagree redirects here. For the Malaysian band, see Disagree (band). For other uses, see Controversy (disambiguation). Auseinandersetzung (Controversy), by Karl Henning Seemann Controversy is a state of prolonged public dispute or debate,… …   Wikipedia

  • Controversy (law) — In jurisprudence, a controversy differs from a case; while the latter includes all suits, criminal as well as civil, a controversy is a purely civil proceeding. For example, the Case or Controversy Clause of Article Three of the United States… …   Wikipedia

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