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.
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.