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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Second, disagreement alone can provide alternatives to a decision.
Disagreeing with Myself: Doxastic Commitments and Intrapersonal Disagreement, ANNALISA COLIVA
Yet political disagreement between such partners would have more far-reaching inhibitory consequences than it would between people who are less knowledgeable and not as well informed.
Instead, I aim to show that the disagreement view is false by focusing on the requirements of epistemic peerhood, a rather underexplored issue in recent epistemology and uncharted territory in relation to evolutionary debunking arguments in metaethics.
Drawing on the philosophical concepts of "peer disagreement" and "epistemic peerhood," we argue for a different approach: A judge ought to give significant weight to the views of others, but only when those others share the judge's basic methodology or interpretive outlook--i.e., only when those others are methodological "friends." Thus textualists should hesitate before disagreeing with other textualists, andpragmatists should hesitate before disagreeing with like-minded pragmatists.
We are moving forward and we are asking the conciliator to give us that certificate of disagreement so that we can deal with the employer in order to wipe off the rot in the TSC," he added.
Although one sometimes gets the impression that Christianity speaks with one voice when it comes to the question of the morality of abortion, there is actually a long history of disagreement among Christians on this issue.
During his speech on Wednesday, Trump expected disagreement and international protest; however he claimed that the step was taken as a new approach towards achieving peace.
At the heart of this challenge are two things--the acknowledging of our fears and the embracing of good disagreement.
Mere Civility: Disagreement and the Limits of Toleration, by Teresa M.
Russia hopes for peaceful resolution of political crisis in Kyrgyzstan Foreign Ministry AKIPRESS.COM - Russia hopes the political disagreements between former President Atamayev and incumbent President Jeenbekov will be overcome peacefully, Foreign Miistry's spokesperson Maria Zaharova said during a briefing at the youth forum, tass.
Home Minister Tan Sri Muhyiddin Yassin today said that just because of one or two disagreements with the royal institution, it does not mean that the Pakatan Harapan (PH) government has strained relationship with the palace.