CASE - Black's Law Dictionary

What is CASE? Definition of CASE in Black's Law Dictionary – Legal dictionary – Glossary of legal terms.

Action, Cause, Suit, or Controversy
A general term for an action, cause, suit, or controversy, at law or in equity; a question contested before a court of justice; an aggregate of facts which furnishes occasion for the exercise of the jurisdiction of a court of justice. Quoted with approval in Kelly v. Roetzel, 64 Okl. 36, 165 P. 1150, 1153. See, also, Gebhard v. Sattler, 40 Iowa, 156; Martin v. Hunter, 1 Wheat. 352, 4 L.Ed. 97. A controversy that is litigated. City of Akron v. Roth, 88 Ohio St. 456, 103 N.E. 465, 467. A cause of action. Strother v. Union Pac. R. Co., D.C.Mo., 220 F. 731, 732; Colla v. Carmichael U-Drive Autos, 111 Cal.App. 378, 294 P. 378, 380.

The word "case" or "cause" means a judicial proceeding for the determination of a controversy between parties wherein rights are enforced or protected, or wrongs are prevented or redressed, Ex parte Chesser, 93 Fla. 590, 112 So. 87, 90; any proceeding judicial in its nature, McCarthy v. Clancy, 110 Conn. 482, 148 A. 551, 557.

Case of actual controversy. The phrase in Federal Declaratory Judgment Act connotes controversy of justiciable nature, excluding advisory decree on hypothetical facts. John P. Agnew & Co., Inc. v. Hoage, App.D.C., 69 App. D. C. 116, 99 F.2d 349, 351.

Case sufficient to go to a jury. A case that has proceeded upon sufficient proof to that stage where it must be submitted to jury and not decided against the state as a matter of law. State v. McDonough, 129 Conn. 483, 29 A.2d 582, 584.

Cases and controversies. 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 protection 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. Brimson, 154 U.S. 447, 14 Sup.Ct. 1125, 38 L.Ed. 1047. 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.Va., 88 Fed. 658. The term "controversies", if distinguishable frofn "cases", is so in that it is less comprehensive than the term "cases" and includes only suits of a civil nature, Smith v. Blackwell, C.C.A.S.C., 115 F.2d 186, 188.

Applications and Special Proceedings
The word "case" may include application for divorce, applications for the establishment of highways, applications for orders of support of relatives, and other special proceedings unknown to the common law. S. D. Warren Co. v. Fritz, 138 Me. 279, 25 A.2d 645, 648.

Box or Container
A box or container, as for cans or bottles filled with milk or other liquid goods. Ex parte Reineger, 184 Cal. 97, 193 P. 81, 83.

Event, Happening, etc.
In ordinary usage, the word "case" means "event," "happening," "situation," "circumstances." Highfield v. Delaware Trust Co., Del.Super., 188 A. 919, 922.

Form of Action
A form of action which lies to recover damages for injuries for which the more ancient forms of action will not lie. Steph.P1. 15. An abbreviated form of the title "trespass on the case," q. v. Munal v. Brown, C.C.Colo., 70 F. 968. See, also, Wadleigh v. Katandin Pulp & Paper Co., 116 Me. 107, 100 A. 150, 151. Action where injury is merely consequential. Mawson v. Vess Beverage Co., Mo.App., 173 S.W.2d 606, 612, 613.

Grand Jury Inquiry
As used in statute authorizing a challenge to an individual grand juror, any matter that might become subject of inquiry by grand jury. People v. Prior, 268 App.Div. 717, 54 N.Y.S.2d 150, 153.

Statement of Facts
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.

Case agreed on. A formal written enumeration of the facts in a case, assented to by both parties as correct and complete, and submitted to the court by their agreement, in order that a decision may be rendered without a trial, upon the court's conclusions of law upon the facts as stated.

Case for motion. In English divorce and probate practice, when a party desires to make a motion, he must file, among other papers, a case for motion, containing an abstract of the proceedings in the suit or action, a statement of the circumstances on which the motion is founded, and the prayer or nature of the decree or order desired. Browne, Div. 251; Browne, Prob.Pr. 295.

Case-made. A statement of facts in relation to a disputed point of law, agreed to by both parties and submitted to the court without a preceding action. This is found only in the Code states. See De Armond v. Whitaker, 99 Ala. 252, 13 So. 613; A complete record of each successive action of the trial court at the trial, including testimony. In re Opinion of the Judges, 29 Okl.Cr. 27, 232 P. 121, 122. A "case-made" consists of those things which transpired in court during the trial, and which are not a part of the record. Jones v. State, 9 Okl.Cr. 189, 130 P. 1178.

Case on appeal. In American practice. Before the argument in the appellate court of a case brought there for review, the appellant's counsel prepares a document or brief, bearing this name, for the information of the court, detailing the testimony and the proceedings below. In English practice. The "case on appeal" is a printed statement prepared by each of the parties to an appeal to the House of Lords or the privy council, setting out methodically the facts which make up his case, with appropriate references to the evidence printed in the "appendix.' The term also denotes a written statement, prepared and transmitted by an inferior court or judge, raising a question of law for the opinion of a superior court.

Case reserved. A statement in writing of the facts proved on the trial of a cause, drawn up and settled by the attorneys and counsel for the respective parties under the supervision of the judge, for the purpose of having certain points of law, which arose at the trial and could not then be satisfactorily decided, determined upon full argument before the court in Banc. This is otherwise called a "special case ;" and it is usual for the parties, where the law of the case is doubtful, to agree that the jury shall find a general verdict for the plaintiff, subject to the opinion of the court upon such a case to be made, instead of obtaining from the jury a special verdict. 3 Bl.Comm. 378; 3 Steph.Comm. 621; Steph.Pl. 92, 93; 1 Burrill, Pr. 242, 463.

Case stated. In practice. An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as therein agreed upon and set forth. 3 Sharsw.Bla.Comm. 453, n. ; 6 Term, 313. A case agreed upon. A statement of all the facts of a case, with the names of the witnesses, and a detail of the documents which are to support them. A statement of agreed facts. Caissie v. City of Cambridge, 317 Mass. 346, 58 N.E.2d 169. An auditor's report. Hanifin v. C. & R. Const. Co., 313 Mass. 651, 48 N.E.2d 913, 918. A brief. As to the distinction between submission on a case stated and a submission merely on agreed facts, see Frati v. Jannini, 226 Mass. 430, 115 N.E. 746_747.

Case to move for new trial. In practice. A case prepared by the party against whom a verdict has been given, upon which to move the court to set aside the verdict and grant a new trial.

Supplementary Proceedings
The word "cases" in section providing that "act shall apply in all cases now pending or hereafter instituted in which the final decree of divorce was recorded prior to the effective date of this act", is synonym of "supplementary proceedings". Chiapetta v. Jordan, 16 So.2d 641, 644, 153 Fla. 788.

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