The Law Dictionary

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CASES AND CONTROVERSIES Definition & Legal Meaning

Definition & Citations:

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 protect tion 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. Brim- son, 154 U. S. 447, 14 Sup. Ct. 1125, 38 L. Ed. 1047; Smith v. Adams, 130 U. S. 107. 9 Sup. Ct. 500, 32 L. Ed. S95; In re Railway Com’n (C. C.) 32 Fed. 255. But these two terms are to be distinguished; for there may be a “separable controversy” within a “case,” which may be removed from a state court to a federal court, though the case as a whole is not removable. Snow v. Smith (C. C.) 88 Fed. 05S. 2. A statement of the facts involved in a transaction or series of transactions, drawn up in writing in a technical form, for submission to a court or judge for decision or opinion. Under this meaning of the term are included a “case made” for a motion for new trial, a “case reserved” on the trial of a cause, an “agreed case” for decision without trial, etc.


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