Dictionary of Law
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actual controversy :: legal definition


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 also: friendly suit and Related Law Terms ↓


Related Law Terms

abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize.
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
collusive action :: n. a lawsuit brought by parties pretending to be a ... ion collusion controversy precedent
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant.
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
controversy :: n. 1) disagreement, argument or quarrel. 2) a disp ... pinions. See also: advisory opinion
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her.
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
summons :: n. a document issued by the court at the time a la ... use service service of process writ
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - A

a fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.
a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain.
a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod."
ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio."
abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement
abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate
abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support.
abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal
abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot."
absolute :: adj. complete, and without condition. ... j. complete, and without condition.
abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court.
abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien