actual controversy

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: friendly suit)

References in periodicals archive ?
Although the contract deals with the purchase of frigates, the actual controversy is in the choice of combat management systems, which has been described as the brain of a ship as it integrates its weapons, sensors, communication and navigation systems.
There, thus, no more actual controversy between parties and no useful purpose can be served in passing upon the merits of this petition," it added.
Electoral Commission, which held that 'when the judiciary mediates to allocate constitutional boundaries, it does not assert any superiority over the other departments; it does not in reality nullify or invalidate an act of the legislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees to them.
On appeal, it was claimed that the trial court erred by granting the stay based on its determination that no actual controversy exists as to the UNC-LITF's duty to indemnify until the underlying malpractice action is finally resolved.
There were no adversaries, and being none, there was no actual controversy," the AG's response said.
The judge pointed out that the very purpose of standing requirements is to ensure that an actual controversy exists and that the controversy is fairly litigated by adverse parties.
In particular, the CAFC found that an actual controversy existed in this case when Novartis listed its patents in the Orange Book, Teva listed the Novartis patents in its Paragraph IV Certifications and Novartis sued Teva on the one compound patent.
Ruling in favor of Digene's request for dismissal, the Superior Court for the County of San Diego stated that there is "no actual controversy between Digene and Gen-Probe.
argues that it is the situational discourse that is crucial for establishing the contours of the actual controversy.
It appears that there is an actual controversy of great public interest between the parties that the court should decide,'' the judge wrote.
The high court, in an en banc ruling, granted the petitions for nine motions for reconsideration filed by Bt (Bacillus thuringiensis) 'talong' (eggplant) proponents that earlier asked the high court to set aside its ruling on the ground of mootness [situation in which there is no longer any actual controversy.