justiciable controversy

justiciable controversy
A controversy in which a present and fixed claim of right is asserted against one who has an interest in contesting it; rights must be declared upon existing state of facts and not upon state of facts that may or may not arise in future. A question as may properly come before a tribunal for decision. Duart Mfg. Co. v. Philad Co., D.C.Del., 30 F.Supp. 777, 779, 780.
Courts will only consider a "justiciable" controversy, as distinguished from a hypothetical difference or dispute or one that is academic or moot. Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 239, 57 S.Ct. 461, 463, 81 L.Ed. 617.
Term refers to real and substantial controversy which is appropriate for judicial determination, as distinguished from dispute or difference of contingent, hypothetical or abstract character. State v. Nardini, 187 Conn. 109, 445 A.2d 304, 307
Compare political questions
See case

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • justiciable controversy — n. A controversy involving a real issue that can be settled by a court, involving a present claim made by one party and another party disputing it. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney… …   Law dictionary

  • justiciable controversy — A controversy in which a present and fixed claim of right is asserted against one who has an interest in contesting it; rights must be declared upon existing state of facts and not upon state of facts that may or may not arise in future. A… …   Black's law dictionary

  • justiciable controversy — A controversy appropriate for judicial inquiry or adjudgment. 20 Am J2d Cis § 80. A controversy not so exclusively or predominantly involved with political questions as to come within the prerogative of the legislative or administrative branch of …   Ballentine's law dictionary

  • justiciable — jus·ti·cia·ble /jə sti shə bəl, shē ə / adj: capable of being decided according to legal principles by a court whether the tax laws unfairly burden the poor is not a justiciable issue; esp: triable in a court the claim is not justiciable because… …   Law dictionary

  • controversy — con·tro·ver·sy / kän trə ˌvər sēBrit alsokən trä vər sē/ n pl sies 1: a state of dispute or disagreement suits at common law, where the value in controversy shall exceed twenty dollars U.S. Constitution amend. VII 2: a civil action involving a… …   Law dictionary

  • controversy — A litigated question; adversary proceeding in a court of law; a civil action or suit, either at law or in equity; a justiciable dispute. To be a controversy under federal constitutional provision limiting exercise of judicial power of United… …   Black's law dictionary

  • controversy — A litigated question; adversary proceeding in a court of law; a civil action or suit, either at law or in equity; a justiciable dispute. To be a controversy under federal constitutional provision limiting exercise of judicial power of United… …   Black's law dictionary

  • justiciable case — A case which presents a justiciable controversy. See justiciable controversy …   Ballentine's law dictionary

  • justiciable — /jastish(iy)absl/ Matter appropriate for court review. See justiciable controversy …   Black's law dictionary

  • justiciable — /jastish(iy)absl/ Matter appropriate for court review. See justiciable controversy …   Black's law dictionary

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