actual controversy
actual controversy n: a real dispute between parties with true adverse legal interests based on facts existing at the time the suit is brought

Merriam-Webster’s Dictionary of Law. . 1996.

actual controversy
An actual dispute that can be legally resolved, as opposed to a hypothetical or theoretical conflict created for the sake of attaining an advisory opinion. It is a Constitutional requirement for federal jurisdiction.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

actual controversy
n.
   a true legal dispute which leads to a genuine lawsuit rather than merely a "cooked up" legal action filed to get a court to give the equivalent of an advisory opinion. Federal courts, including the U.S. Supreme Court, will only consider an "actual controversy", on appeal, since they will not give advisory (informal) opinions or make judgments on "friendly suits" filed to test the potential outcome.
   See also: friendly suit

Law dictionary. . 2013.

Look at other dictionaries:

  • actual controversy — Declaratory judgment may be rendered only in cases of actual controversy defined as concrete cases touching legal relations of parties having adverse legal interests and susceptible of an immediate and definitive determination of the legal rights …   Black's law dictionary

  • actual controversy — Declaratory judgment may be rendered only in cases of actual controversy defined as concrete cases touching legal relations of parties having adverse legal interests and susceptible of an immediate and definitive determination of the legal rights …   Black's law dictionary

  • actual controversy — A justiciable controversy, one that is not merely moot or amounting merely to a difference of opinion, but involving persons adversely interested in matters as to which the determination of the court is sought. 22 Am J2d Dec J § 11 …   Ballentine's law dictionary

  • case of actual controversy — The phrase in Federal Declaratory Judgment Act connotes controversy of justiciable nature, excluding advisory decree on hypothetical facts. John P. Agnew & Co., Inc. v. Hoage, 69 App.D.C. 116, 99 F.2d 349, 351. See cases and controversies …   Black's law dictionary

  • case of actual controversy — The phrase in Federal Declaratory Judgment Act connotes controversy of justiciable nature, excluding advisory decree on hypothetical facts. John P. Agnew & Co., Inc. v. Hoage, 69 App.D.C. 116, 99 F.2d 349, 351. See cases and controversies …   Black's 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

  • 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

  • controversy — A litigated question; adversary proceeding in a court of law; a civil action or suit, either at law or in equity; a justiciable dispute. To be a controversy under federal constitutional provision limiting exercise of judicial power of United… …   Black's law dictionary

  • controversy — A litigated question; adversary proceeding in a court of law; a civil action or suit, either at law or in equity; a justiciable dispute. To be a controversy under federal constitutional provision limiting exercise of judicial power of United… …   Black's law dictionary

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