Define: Actual Controversy

Actual Controversy
Actual Controversy
Quick Summary of Actual Controversy

An actual controversy, in legal terms, refers to a real and existing dispute or disagreement between parties that involves concrete issues of law or fact. It is a key requirement for a court to have jurisdiction over a case and render a decision. For a controversy to be considered “actual,” it must be definite and not hypothetical or speculative. There must be a genuine dispute that requires resolution by a court, typically involving conflicting legal rights, interests, or obligations between the parties. Courts will only hear cases that present actual controversies, as opposed to advisory opinions or abstract legal questions. The presence of an actual controversy ensures that the court’s decision will have practical consequences and provides a basis for the court to exercise its judicial authority.

What is the dictionary definition of Actual Controversy?
Dictionary Definition of 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.
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This glossary post was last updated: 29th March, 2024.

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