Controversy

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Controversy

An actual dispute between individuals who seek judicial resolution of their grievances that have arisen from a conflict of their alleged legal rights.

A controversy describes only civil litigation, which is intended to protect and enforce private rights. In contrast, the term case applies to both a civil action and a criminal prosecution, designed to enforce and safeguard the rights of the general public.

The judicial power of a court to provide redress of wrongs exists only when issues arise in a given situation that can be categorized as a case or controversy.

controversy

n. 1) disagreement, argument, or quarrel. 2) a dispute, which must be an actual contested issue between parties in order to be heard by a court. The United States Supreme Court particularly requires an "actual controversy" and avoids giving "what if" advisory opinions. (See: advisory opinion, collusion)

CONTROVERSY. A dispute arising between two or more persons. It differs from case, which includes all suits criminal as well as civil; whereas controversy is a civil and not a criminal proceeding. 2 Dall. R. 419, 431, 432; 1 Tuck. Bl. Com. App. 420, 421; Story, Const. Sec. 1668.
     2. By the constitution of the United States the judicial power shall extend to controversies to which the United States shall be a party. Art. 2, 1. The meaning to be attached to the word controversy in the constitution, is that above given.

References in periodicals archive ?
For those who like to teach controversial issues, don't dismiss the cause of global warming as a closed case; use both of these engaging documentaries to let your students decide.
Historical guides to controversial issues in America
The council's street trading committee was set up with the aim of reaching a compromise over this controversial issue.
This finding bears on the controversial issue of what types of knowledge a baby comes equipped with at birth.
They worry that a free market for capital threatens to destabilize the world's weaker economies--a hotly controversial issue since the Asian tigers collapsed in 1997, beginning with a rush to dump Thai bahts.
The controversial issue of blacks in ballet, undiscussable in 1948, has at least been addressed, although imperfectly.
The Labour leader needs help with the most controversial issue facing Britain in years.
The controversial issue of so-called plain-paper financial statements -- "plain" because CPAs do not have to put their names on them -- is being reconsidered at a public hearing.
This is one of those rare books which speaks clearly to the general reader as well as to policy experts because the author, a professor of geography, has the courage to take a reasoned, but unambiguous stand on a controversial issue. "I have followed my interpretation of the 'facts' to where I think they should lead me, knowing that others may disagree with my conclusions and recommendations.
Channel incentives have become an increasingly controversial issue (Soft*letter, 4/20/90), so we think this is an appropriate time to present data about industry practices, trends, and statistical benchmarks.
Eddie Rodriguez, D-Austin, debated the controversial issue of concealed handguns on college campuses.
MAKKAH-TUL-MUKARRAMAH, September 13, 2009 (Frontier Star): Saudi King Shah Abdullah Abdul Aziz has advised Quaid Pakistan Muslim League Nawaz (PML-N) and Former Prime Minister of Pakistan Mian Muhammad Nawaz Sharif to avoid controversial issue and promote reconciliation for continuation of democratic system in the country.

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