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Topic: Mootness

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	Encyclopedia: Mootness
		In law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law.
		For instance, in some state courts the prosecution can lodge an appeal after a defendant is acquitted: although the appeal court cannot set aside a not guilty verdict due to double jeopardy, it can issue a ruling as to whether a trial court's ruling on a particular issue during the trial was erroneous.
		Because the student was slated to graduate within a few months at the time the decision was rendered, and there was no action the law school could take to prevent that, the Court determined that a decision on its part would have no effect on the student't rights.
	www.nationmaster.com /encyclopedia/Mootness (1283 words)

	[No title] (Site not responding. Last check: 2007-10-13)
		Mootness vel non of the appeals before the district court is closely related to, if not indistinguishable from, the question whether the appeal to this court is moot, an issue which Continental alludes to in its brief.
		Inasmuch as Continental agrees that the issue is not constitutional mootness but prudential mootness, we will assume arguendo that even after substantial or total consummation of its reorganization, some effective relief would have been available for the Trustees' claim at the time they appealed to the district court, and on appeal to this court.
		And the majority does this even though (a) this case is clearly not "moot" in any proper sense of the term, (b) we unquestionably have statutory jurisdiction, and (c) we have a "virtually unflagging obligation" to exercise the jurisdiction that we have been given.
	vls.law.vill.edu /locator/3d/July1996/96a1389p.txt (8582 words)

	MOHD Part V (Site not responding. Last check: 2007-10-13)
		A moot action is reviewable if (1) the duration of the challenged action made it too short to be fully litigated prior to its cessation and (2) there is a reasonable expectation that the respondent could be subjected to the same action again.
		Although moot, the Appellate Court decided the merits of the case, and determined that a guardian can admit a ward to a nursing home's behavioral care unit only by complying with the admission provisions of the Mental Health Code, because the case fell within the public interest exception to the mootness doctrine.
		Although the trial court's order for involuntary medication had expired and the case was moot, the Supreme Court decided the case on the merits, and determined that Section 2-107.1 does not permit selective authorization, because the case fell within the public interest exception to the mootness doctrine.
	gac.state.il.us /las/mhdonew/mhdoV.htm (5216 words)

	Criminal Appeal: Mootness
		the court rejected the state's argument that the habeas petition was moot because of expiration of the original two-year commitment challenged in the petition.
		Tapia-Marquez, no. 03-50167, the Ninth Circuit held today that, "a criminal defendant, whose appeal of a judgment revoking his supervised release became moot when he was released from custody while the appeal was pending, is not entitled to vacatur of the judgment where existing precedent squarely foreclosed the only issue he raised in his appeal."
		I find it curious that the parties and the court were all in agreement that the appeal of the sentence was mooted by the defendant's release.
	www.crimblawg.com /mootness (491 words)

	Operation Clambake Present: Scientology Court Files
		On April 18, 1991, we granted the newspapers' motions for a second oral argument, instructing the parties to address (1) whether the 1229 case was moot*, (2) whether a case or controversy remained, and (3) whether a reasonable possibility of settlement existed.
		The Church contends that this case is moot and does not present a case or controversy which this court may address.
		It argues that this aspect of the case is absolutely moot because the Church released the reporters from their subpoenas.
	www.xenu.net /archive/CourtFiles/occf84.html (2392 words)

	Mootness: The Moot Court Blog (Site not responding. Last check: 2007-10-13)
		Moot court matters.* Few law school activities do more to push law students to engage deeply with law, facts, and policy; few afford them such a prominent stage on which to perform with polish, precision, and dexterity.
		Blase's third win of the year to get mad propz on Mootness: last spring, in addition to winning the North American title in the Lachs Space Moot, she and Lynn Deavers of GWU won the National Animal Law Moot Court Competition.
		Braxton Craven Moot Court Competition sponsored by the Holderness Moot Court Bench at the University of North Carolina School of Law.
	mootness.typepad.com (9718 words)

	Hawaii Supreme Court Case No. 15565 (Site not responding. Last check: 2007-10-13)
		The mootness doctrine applies where events have so affected the relations between the parties that the two conditions for justiciability relevant on appeal, adverse interest and effective remedy, have been compromised.
		It is well-settled that the mootness doctrine encompasses the circumstances that destroy the justiciability of a case previously suitable for determination.
		Therefore, because the issue was moot and the subject complained of is not reasonably likely to recur, we agree with the trial court's decision that it lacked jurisdiction to issue a writ of quo warranto, and conclude that the court properly dismissed the amended petition.
	www.hsba.org /hsba/Legal_Research/Hawaii/sc/15565.cfm (1055 words)

	Getting through the Door in Right-to-Die Litigation
		At the most basic level, mootness concerns the existence of justiciable disputes, ripeness seeks to ensure that actions are not premature and standing, by far the most complex, addresses whether a particular party is properly before the court.
		Actions involving the right to refuse treatment are often mooted on appeal as when the patient dies from natural causes, a blood transfusion has already been made pursuant to a lower court's order or treatment has been discontinued pursuant to such an order.
		Moot right-to-die actions should be heard when actions represent not merely an academic debate, but a real controversy.
	www.fplc.edu /RISK/vol6/winter/dipaolo.htm (3821 words)

	Grievance Procedure - Mootness
		Note: The concept of mootness relates to whether a decision needs to be made when circumstances have changed by the time the matter comes before the decision-maker.
		A case is "moot" when a determination is sought on a matter which, when rendered, cannot have any practical effect on the existing controversy.
		A case is "moot" where the matter in dispute has already been resolved and hence, not entitled to judicial intervention unless the issue is a recurring one and likely to be raised again between the parties.
	www.dhfs.state.wi.us /clientrights/CGDD/mootness.htm (306 words)

	Richard J. Pierce, Jr., Issues Raised by Friends of the Earth v. Laidlaw Environmental Services: Access to the Courts ... (Site not responding. Last check: 2007-10-13)
		Thus, in theory, a case that is not "moot," under the principles of mootness doctrine, can yet be dismissed on the basis that the plaintiff no longer has standing because one of the three elements of standing doctrine has ceased to exist.
		The majority recognized that mootness law and standing law "differ in respects critical to the proper resolution of this case," even though both bodies of law are based on the Case or Controversy clause of Article III.
		He then concluded his discussion of mootness by asserting that the plaintiff must be able to demonstrate "the requisite personal interest" throughout the lawsuit in order to avoid dismissal based on either mootness or lack of standing.
	www.law.duke.edu /journals/delpf/articles/delpf11p207.htm (13530 words)

	LII: lexicon (Site not responding. Last check: 2007-10-13)
		Moot or Mootness -- What does it mean?
		Because Federal Courts only have Constitutional authority to resolve actual disputes (see Case or Controversy) legal actions cannot be brought or continued after the matter at issue has been resolved, leaving no live dispute for a court to resolve.
		In such a case, the matter is said to be "moot".
	www.law.cornell.edu /lexicon/moot.htm (76 words)

	Cinicola v. Scharffenberger
		Appellees contend the physicians' claims are constitutionally moot because the sale has been consummated and statutorily moot under S 363(m) because the physicians failed to obtain a stay pending appeal.
		The trustee and the Western Pennsylvania Healthcare Alliance contend the physicians' appeal is statutorily moot because the assignment of the physicians' contracts triggered the protection of S 363(m).
		The Court of Appeals for the Fourth Circuit held the case moot because the leasehold was personal property that trigger ed the protection of S 363(m).
	www.bkinformation.com /NewCases/CaseCopies/cinicola.htm (6988 words)

	03-885
		Appeal and error -- mootness doctrine -- question of consolidation of two cases rendered moot by decision in companion opinion.
		Mootness occurs when the decision would be of no practical effect to the legal controversy.
		Consequently, this case is moot because there is no legal effect of a further ruling from this court.
	courts.state.ar.us /opinions/2004a/20040304/03-885.html (684 words)

	FRIENDS OF EARTH, INC. V. LAIDLAW ENVI-RONMENTAL SERVICES (TOC), INC.
		Thus, the standard for determining whether a case has been mooted by the defendant’s voluntary conduct is stringent: A case might become moot if subsequent events make it absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur.
		Such confusion is understandable, given this Court’s repeated description of mootness as “the doctrine of standing set in a time frame: The requisite personal interest that must exist at the commencement of the litigation (standing) must continue throughout its existence (mootness).” E.g., Arizonans, 520 U.S., at 68, n.
		Further, if mootness were simply standing set in a time frame,” the exception to mootness for acts that are “capable of repetition, yet evading review” could not exist.
	supct.law.cornell.edu /supct/html/98-822.ZS.html (2023 words)

	01-082
		Hence, Cotten urges that this matter is not moot and that the trial court should enter an injunction specifically halting the conduct which forms the basis of his complaint.
		This court has recognized two exceptions to the mootness doctrine, one of which involves issues that are capable of repetition, yet evade review.
		The case is moot and the trial court was correct in dismissing it as such.
	courts.state.ar.us /opinions/2001b/20010927/01-082.html (2545 words)

	In re Doe (b 02/26/83) (Concurring Opinion by J. Acoba)
		Notwithstanding the majority position, the question remains as to whether this case is moot, inasmuch as the Family Court of the First Circuit (family court) exercises jurisdiction only over persons alleged to have committed acts when under the age of eighteen, and Minor's sentence has ended.
		The test of mootness is whether, when it is before the court, a case presents a controversy between the parties for which, by way of resolution, the court can fashion an effective remedy.
		In deciding issues of mootness, this court is not constrained by article three, § 2, or the allocation of power between the state and federal governments.
	www.hawaii.gov /jud/23248sdocon.htm (1483 words)

	No. 00-1621: United States v. GWI PCS 1, Inc. - Reply (Petition)
		Instead, they argue that the doctrine of equitable mootness is well established and rely on supposed litigation waivers or defaults.
		To the contrary, although respondents assert (at 17-18) that equitable mootness "implements" the express protections of 11 U.S.C. 1127(b), 1142(a), and 1144 against delayed changes to a confirmed reorganization plan, that assertion highlights the doctrine's lack of statutory basis.
		Notably, respondents nowhere defend the court of appeals' view that equitable mootness may properly be invoked to preclude federal agencies from vindicating their regulatory authority on appeal.
	www.usdoj.gov /osg/briefs/2000/2pet/7pet/2000-1621.pet.rep.html (2722 words)

	Canada, Borowski v The Attorney General of Canada
		The doctrine of mootness is part of a general policy that a court may decline to decide a case which raises merely a hypothetical or abstract question.
		The general policy is enforced in moot cases unless the court exercises its discretion to depart from it.
		The third underlying rationale of the mootness doctrine is the need for courts to be sensitive to the effectiveness or efficacy of judicial intervention and demonstrate a measure of awareness of the judiciary's role in our political framework.
	www.hrcr.org /safrica/life/borowski_canada.html (1546 words)

	59:0610(111)AR - AFGE, Local 3230 and EEO Commission - 2004 FLRAdec AR (Site not responding. Last check: 2007-10-13)
		Consequently, the Arbitrator concluded that the grievance was moot and dismissed the grievance.
		Rather, the Arbitrator concluded that the grievance was moot because he "could not craft and enforce a remedy which would have any real meaning or practical effect[,]" given that the grievant had successfully performed under the PIP, and the PIP had been removed from her file.
		The Authority noted that although a mootness determination may not depend on an interpretation of the parties' collective bargaining agreement, it disposes of the grievance procedurally and not on the merits.
	www.flra.gov /decisions/v59/59-111.html (2294 words)

	[No title] (Site not responding. Last check: 2007-10-13)
		In ef fect, the equitable mootness doctrine prevents a court from unscrambling complex bankruptcy reorganizations when the appealing party should have acted before the plan became extremely difficult to retract.
		As we further explained, the "concept of mootness from a prudential standpoint protects the interests of non-adverse third parties who are not before the reviewing court but who have acted in reliance 13 on the plan as implemented." Id. (citing Manges v.
		It is disturbing that Zenith, in a seeming attempt to moot any appeal prior to filing, succeeded in implementing most of the plan before the appellants even received notice that the plan had been confirmed.
	vls.law.vill.edu /locator/3d/Jun2001/002249.txt (4256 words)

	Mountain Plains Regional Resource Center
		A case is moot when the facts have changed, the law has changed, the decision is merely advisory, or a party loses a personal stake or legal interest.
		Issues that survive mootness in special education litigation are moving, graduation, and when the requested relief is compensatory education or reimbursement.
		Case Study E: Case is moot because the student turned 18; he is an adult student, and parent no longer has an interest in the claim.
	www.usu.edu /mprrc/workgroups/ci/pm_051403.cfm (669 words)

	FRIENDS OF THE EARTH, INCORPORATED, et al
		The case became moot, the appellate court declared, once the defendant fully complied with the terms of its permit and the plaintiff failed to appeal the denial of equitable relief.
		Furthermore, petitioners' claim for civil penalties would not be moot even if it were absolutely clear that respondent's violations could not reasonably be expected to recur because respondent achieved substantial compliance with its permit requirements after petitioners filed their complaint but before the District Court entered judgment.
		In sum, while the Court may be correct that the parallel between standing and mootness is imperfect due to realistic evidentiary presumptions that are by their nature applicable only in the mootness context, this does not change the underlying principle that ' '[t]he requisite personal interest that must exist at the commencement of the litigation...
	home.manhattan.edu /~walter.matystik/wcb/4/files/laidlawsc.htm (13653 words)

	c9fn
		The Supreme Court long ago decided, based on language in the Constitution declaring that the federal judicial power extends to resolving cases or controversies”;, that the Court should not and would not be in the business of giving federal officials advisory opinions on the lawfulness of their actions.
		The enviro/harvester coalition had, ironically, made the very same claim we had: they too thought the SEIS was inadequate, because it did not include environmental analysis of the effects of smolt transportation.
		The Court decided, for reasons that remain a mystery to me, that the environmentalist challenges to the SEIS were not moot.
	www.buchal.com /tgsh/chap7/c9fn-05.htm (1613 words)

	BROOKS SCHOOL - Ruling on Motion to Dismiss for Mootness (August 10, 1998) (Site not responding. Last check: 2007-10-13)
		In her report of the conference she identified two issues for hearing, namely, whether the water flow observed meets the definition of stream in the Wetlands Protection Regulations, see 310 CMR 10.04, and whether the Department should have addressed the rare species habitat issue that the Commission reached.
		A case is moot "when a determination is sought on a matter which, when rendered, cannot have any practical effect on the existing controversy." Black's Law Dictionary 909 (5th ed.
		The appeal of Brooks School is not moot and, accordingly, the motion to dismiss for mootness is denied.
	www.mass.gov /oaa/decision/98/brooks.htm (800 words)

	ROE v. WADE, 410 U.S. 113 (1973): The Mootness Issue
		And he suggests that Roe's case must now be moot because she and all other members of her class are no longer subject to any 1970 pregnancy.
		If that termination makes a case moot, pregnancy litigation seldom will survive much beyond the trial stage, and appellate review will be effectively denied.
		We, therefore, agree with the District Court that Jane Roe had standing to undertake this litigation, that she presented a justiciable controversy, and that the termination of her 1970 pregnancy has not rendered her case moot....
	www.law.umkc.edu /faculty/projects/ftrials/conlaw/roemoot.html (381 words)

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