In the theory of law, a controversy differs from a legal case; while legal cases include all suits, criminal as well as civil, a controversy is a purely civil proceeding.
For example, the Case or Controversy Clause of Article Three of the United States Constitution (Section 2, Clause 1) states that "the judicial Power shall extend ... to Controversies to which the United States shall be a Party". This clause has been deemed to impose a requirement that United States federal courts are not permitted to hear cases that do not pose an actual controversy—that is, an actual dispute between adverse parties which is capable of being resolved by the . In addition to setting out the scope of the jurisdiction of the federal judiciary, it also prohibits courts from issuing advisory opinions, or from hearing cases that are either unripe, meaning that the controversy has not arisen yet, or moot, meaning that the controversy has already been resolved.
Read more about this topic: Controversy
Famous quotes containing the words legal and/or controversy:
“We should stop looking to law to provide the final answer.... Law cannot save us from ourselves.... We have to go out and try to accomplish our goals and resolve disagreements by doing what we think is right. That energy and resourcefulness, not millions of legal cubicles, is what was great about America. Let judgment and personal conviction be important again.”
—Philip K. Howard, U.S. lawyer. The Death of Common Sense: How Law Is Suffocating America, pp. 186-87, Random House (1994)
“And therefore, as when there is a controversy in an account, the parties must by their own accord, set up for right Reason, the Reason of some Arbitrator, or Judge, to whose sentence, they will both stand, or their controversy must either come to blows, or be undecided, for want of a right Reason constituted by Nature; so is it also in all debates of what kind soever.”
—Thomas Hobbes (15791688)