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actual controversy

An actual controversy is a contstitutional requirement (Found in found in Art. III, Section 2, Clause 1) for federal courts that demands there be a real dispute between two parties capable of being resolved by the court, as opposed to a hypothetical case brought in an attempt to get the court to issue an advisory opinion.

Definition from Nolo’s Plain-English Law Dictionary

An actual dispute that can be legally resolved, as opposed to a hypothetical or theoretical conflict created for the sake of attaining an advisory opinion. It is a Constitutional requirement for federal jurisdiction.

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:10 pm