The constitutional requirement that, for a federal court to hear a case, the case must involve an actual dispute. See CONTROVERSY(3); advisory opinion under OPINION(1). [Cases: Federal Courts 12.]
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tally. 1. Hist. A stick cut into two parts and marked with notches to show what was due between a debtor and creditor. “The tally, used as a receipt for money or chattels, was a narrow wooden stick with notches of varying dimensions to represent the amount received. After the notches had been cut, the
A question or issue not directly connected with the matter in dispute. [Cases: Evidence 99; Witnesses 405. C.J.S. Evidence §§ 2–5, 197–199, 204, 206; Witnesses § 770.]
Possession of property by a person who in good faith does not know that the property’s ownership is disputed. [Cases: Vendor and Purchaser 220. C.J.S. Vendor and Purchaser §§ 482–485, 517.]
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The illegal picketing by union workers of a construction site, stemming from a dispute with one of the subcontractors. [Cases: Labor Relations 300. C.J.S. Labor Relations §§ 285, 316–317.]
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receptus (ri-sep-t[schwa]s). [Latin “(a person) having been received”] Civil law. An arbitrator. • The term takes its name from the idea that the arbitrator is “received” by the parties to settle their dispute.
arbiter (ahr-b[schwa]-t[schwa]r). One with the power to decide disputes, such as a judge (the Supreme Court is the final arbiter of legal disputes in the United States). Cf. ARBITRATOR.
voidable, adj. Valid until annulled; esp., (of a contract) capable of being affirmed or rejected at the option of one of the parties. • This term describes a valid act that may be voided rather than an invalid act that may be ratified. — Also termed avoidable. [Cases: Contracts 98, 136. C.J.S. Contracts §§ 137,
The body of decisional law derived from federal courts when adjudicating federal questions and other matters of federal concern, such as disputes between the states and foreign relations, but excluding all cases governed by state law. • An example is the nonstatutory law applying to interstate streams of commerce. [Cases: Federal Courts 374.]
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equally divided. 1. (Of property) apportioned per capita — not per stirpes — among heirs on the testator’s death. • A provision in a will calling for property to be divided “share and share alike” has the same effect. [Cases: Wills 530. C.J.S. Wills §§ 1015–1016.] 2. (Of a court, legislature, or other group) having