cases and controversies

This term, as used in the Constitution of the United States, embraces claims or contentions of litigants brought before the court for adjudication by regular proceedings established for the protection or enforcement of rights, or the prevention, redress, or punishment of wrongs; and whenever the claim or contention of a party takes such a form that the judicial power is capable of acting upon it, it has become a case or controversy. Interstate Commerce Com'n v. Brimson, 154 U.S. 447, 14 S.Ct. 1125, 38 L.Ed. 1047.

The federal courts will only consider questions which arise in a "case or controversy"; i.e., only justiciable cases. Art. Ill, Sec. 2, U.S.Const.

The case or controversy must be definite and concrete, touching the legal relations of parties having adverse interests. The questions involved must not be moot or academic, nor will the courts consider collusive actions. Aetna Life Ins. Co. v. Haworth, 300 U.S. 229, 240, 241, 57 S.Ct. 461, 464, 81 L.Ed. 617.

The facts in controversy, under all the circumstances, must show a substantial issue between the parties having adverse legal interests of sufficient immediacy and reality to warrant issuance of a judgment. Adams v. Morton, C.A.Mont., 581 F.2d 1314, 1319.

See also controversy

- justiciable controversy

- ripeness doctrine

- standing to sue doctrine