Controversy

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notmartha
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Controversy

Post by notmartha » Mon Nov 23, 2015 1:44 pm

Controversy

KJV References

Rîb, Hebrew Strong's # 7379, is used 62 times in the Old Testament. It is translated as cause (24), strife (16), controversy (13), contention (2) and (7) miscellaneous translations. It is translated as “controversy” in the following verses:
Deuteronomy 17:8 - If there arise a matter too hard for thee in judgment, between blood and blood, between plea and plea, and between stroke and stroke, being matters of controversy within thy gates: then shalt thou arise, and get thee up into the place which the LORD thy God shall choose;

Deuteronomy 19:17 - Then both the men, between whom the controversy is, shall stand before the LORD, before the priests and the judges, which shall be in those days;

Deuteronomy 21:5 - And the priests the sons of Levi shall come near; for them the LORD thy God hath chosen to minister unto him, and to bless in the name of the LORD; and by their word shall every controversy and every stroke be tried:

Deuteronomy 25:1 - If there be a controversy between men, and they come unto judgment, that the judges may judge them; then they shall justify the righteous, and condemn the wicked.

2 Samuel 15:2 - And Absalom rose up early, and stood beside the way of the gate: and it was so, that when any man that had a controversy came to the king for judgment, then Absalom called unto him, and said, Of what city art thou? And he said, Thy servant is of one of the tribes of Israel.

Isaiah 34:8 - For it is the day of the LORD'S vengeance, and the year of recompences for the controversy of Zion.

2 Chronicles 19:8 - Moreover in Jerusalem did Jehoshaphat set of the Levites, and of the priests, and of the chief of the fathers of Israel, for the judgment of the LORD, and for controversies, when they returned to Jerusalem.

Jeremiah 25:31 - A noise shall come even to the ends of the earth; for the LORD hath a controversy with the nations, he will plead with all flesh; he will give them that are wicked to the sword, saith the LORD.

Ezekiel 44:24 - And in controversy they shall stand in judgment; and they shall judge it according to my judgments: and they shall keep my laws and my statutes in all mine assemblies; and they shall hallow my sabbaths.

Hosea 4:1 - Hear the word of the LORD, ye children of Israel: for the LORD hath a controversy with the inhabitants of the land, because there is no truth, nor mercy, nor knowledge of God in the land.

Hosea 12:2 - The LORD hath also a controversy with Judah, and will punish Jacob according to his ways; according to his doings will he recompense him.

Micah 6:2 - Hear ye, O mountains, the LORD'S controversy, and ye strong foundations of the earth: for the LORD hath a controversy with his people, and he will plead with Israel.
Homologoumenōs, Greek Strong's # 3672, is used once in the New Testament. It is translated as “without controversy” in the following verse:
1 Timothy 3:16 - And without controversy great is the mystery of godliness: God was manifest in the flesh, justified in the Spirit, seen of angels, preached unto the Gentiles, believed on in the world, received up into glory.


The Judiciary Act of 1789, September 24, 1789.
1 Stat. 73. Chap. XX, SEC. 13.
And be it further enacted, That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction. And shall have exclusively all such jurisdiction of suits or proceedings against ambassadors, or other public ministers, or their domestics, or domestic servants, as a court of law can have or exercise consistently with the law of nations; and original, but not exclusive jurisdiction of all suits brought by ambassadors, or other public ministers, or in which a consul, or vice consul, shall be a party. And the trial of issues in fact in the Supreme Court, in all actions at law against citizens of the United States, shall be by jury. The Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases herein after specially provided for; and shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Webster’s Dictionary, 1828
CONTROVERSY, noun [Latin See Controvert.]
1. Dispute; debate; agitation of contrary opinions. A dispute is commonly oral, and a controversy in writing. Dispute is often or generally a debate of short duration, a temporary debate; a controversy is often oral and sometimes continued in books or in law for months or years.
This left no room for controversy about the title.
Without controversy great is the mystery of godliness. 1 Timothy 3:16.
2. A suit in law; a case in which opposing parties contend for their respective claims before a tribunal.
And by their word shall every controversy and every stroke be tried. Deuteronomy 21:5.
3. Dispute; opposition carried on.
The Lord hath a controversy with the nations. Jeremiah 25:31.
4. Opposition; resistance.
And stemming [the torrent] with hearts of controversy

CONTROVERT, verb transitive [Latin , to turn. Literally, to turn against.] To dispute; to oppose by reasoning; to contend against in words or writings; to deny and attempt to disprove or confute; to agitate contrary opinions; as, to controvert opinions, or principles; to controvert the justness of a conclusion.
Bouvier’s Dictionary of Law, 1856
CONTROVER, obsolete. One who invents false news.

CONTROVERSY.
1. A dispute arising between two or more persons. It differs from case, which includes all suits criminal as well as civil; whereas controversy is a civil and not a criminal proceeding.
2. By the constitution of the United States the judicial power shall extend to controversies to which the United States shall be a party. Art. 2, 1. The meaning to be attached to the word controversy in the constitution is that above given.
Black’s Law Dictionary, 1st Edition, 1891
controversy.JPG
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Black’s Law Dictionary, 6th Edition, 1991
A litigated question; adversary proceeding in a court of law; a civil action or suit, either at law or in equity; a justiciable dispute. To be a “controversy” under federal constitutional provision limiting exercise of judicial power of United States to cases and controversies there must be a concrete case admitting of an immediate and definitive determination of legal rights of parties in an adversary proceeding upon facts alleged, and claims based merely upon assumed potential invasions of rights are not enough to warrant judicial intervention. In the constitutional sense, it means more than disagreement and conflict; rather it means kind of controversy courts traditionally resolve. The term is important in that judicial power of the courts extends only to cases and “controversies.”
Wex Legal Dictionary
Actual Controversy
An actual controversy is a constitutional 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.

Controversy
The provisions of the U.S. Constitution setting out the powers of the Federal judiciary, define those powers in using two different but related words "cases" and "controversies". See U.S Constitution, Article III, section 2. In framing judicial authority these words also represent limits. The Federal Courts do not, under Article III, have the power to resolve legal questions that do not arise out of an actual dispute between real parties. In some states, by contrast, the highest courts have jurisdiction to hear and provide advisory opinions on questions submitted by the state legislature. A statute attempting to give such jurisdiction to the Federal courts would run into the Constitutionally based requirement of a "case" or "controversy". For examples of cases in which the Supreme Court has found this critical element lacking, see, e.g., Arizonans for Official English v. Arizona, 520 U.S. 43 (1997) and Renne v. Geary, 501 U.S. 312 (1991).
This basic limit on judicial power has led to more specific limiting doctrines, including: mootness, ripeness, and standing.
Strauss v. Strauss (1941)
"Every system of law known to civilized society generated from or had as its component one of three well known systems of ethics, Pagan, stoic, or Christian. The common law draws its subsistence from the latter, its roots go deep into that system, the Christian concept of right and wrong or right and justice motivates every rule of equity. It is the guide by which we dissolve domestic frictions and the rule by which all legal controversies are settled."
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