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Case or Controversy
(redirected from Case and controversy)

   Also found in: Wikipedia 0.01 sec.

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 the questions and provide relief.

A case or controversy, also referred to as a Justiciable controversy, must consist of an actual dispute between parties over their legal rights that remain in conflict at the time the case is presented and must be a proper matter for judicial determination. A dispute between parties that is moot is not a case or controversy because it no longer involves an actual conflict.



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121) Beyond the argument that allowing standingless intervenors to act on equal footing as original parties destroys the case and controversy requirement of Article III, and thus provides an "end run[] around Article III of the Constitution," (122) commentators have developed other arguments for requiring an independent basis of standing for potential intervenors.
 
 
 
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