Warning
Info
Warning
Info
Simple English definitions for legal terms
separable controversy
Read a random definition: mandatory commitment
A quick definition of separable controversy:
A separable controversy is a disagreement or dispute that can be separated from other issues in a lawsuit. It is a real and specific problem that can be solved by a court, not just a hypothetical or theoretical issue. Sometimes, a separable controversy can involve important public issues that affect many people. If a separable controversy involves a federal law or issue, the entire case can be moved to a federal court.A more thorough explanation:
A separable controversy is a claim that is separate and independent from the other claims being asserted in a lawsuit. It is most often associated with the statute that permits an entire case to be removed to federal court if one of the claims, being separate and independent from the others, presents a federal question that is within the jurisdiction of the federal courts.
For example, if a person sues a company for breach of contract and also alleges that the company violated federal antitrust laws, the antitrust claim may be considered a separable controversy that could be removed to federal court.
Another example of a separable controversy is a case that requires a definitive determination of the law on the facts alleged for the adjudication of an actual dispute, and not merely a hypothetical, theoretical, or speculative legal issue. This is also known as an actual controversy.
For instance, if a person sues a city for violating their constitutional rights by denying them the right to free speech, this would be an actual controversy that requires a definitive determination of the law on the facts alleged for the adjudication of an actual dispute.