actual controversy


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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 ?
CRE's involvement is also a result of its constant oversight of the IQA, its mastery of detailed OMB guidance and interpretative rulings which limit the press release exemption, and its knowledge of the details concerning the actual controversy involved in the Salt Institute case.
jurisdiction, the courts have required an actual controversy to exist
proof in establishing that an actual controversy exists as a matter of
of actual controversy," manifestly has regard to the constitutional
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.
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.
Although the actual controversy surrounding the organization's partnership with Planned Parenthood has largely died down, the scandal has fostered distrust in many members of the public.
34) The Declaratory Judgment Act requires an actual controversy between the parties.
45) The Supreme Court observed that there would be an actual controversy if the licensee ceased to make required royalty payments, but if the royalty payments were continued, as in this case, would there be a case or controversy?