Judicial Action

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The adjudication by the court of a controversy by hearing the cause and determining the respective rights of the parties.

A judgment, decree, or decision rendered by a court, which concerns a contested issue brought before the tribunal by parties who voluntarily appear or who have been notified to appear by service of process. It is the interpretation, application, and enforcement of existing law relating to a particular set of facts in a particular case. Judicial action is the determination of the rights and interests of adverse parties.

Judicial action is taken only when a justiciable controversy arises or where a claim of right is asserted against a party who has an interest in contesting that claim. A court does not make a decision when a hypothetical difference exists but only when there is an actual controversy affecting the rights and interests of the parties.