Mootness

Mootness in the United States

A case in which the courts can no longer provide a party any relief because the dispute has been resolved or has ceased to exist. A moot case is no longer a real controversy, and Article III of the U.S. Constitution requires that cases that come before courts be bona fide controversies. An action becomes moot when circumstances remove the underlying controversy or issue in the case. Without a justiciable issue, the case raises only a hypothetical question.

See Also

Advisory Opinion (Civil Process) Justiciable Issue (Civil Process) Standing (Civil Process).

Analysis and Relevance

Mootness is the absence of an active question. The matter is therefore nonjusticiable. When the Supreme Court refused to address the reverse discrimination issue in DeFunis v. Odegaard (416 U.S. 312: 1974) on grounds of mootness, for example, it said the controversy was no longer definite and concrete. The Court found the controversy moot because while DeFunis challenged the Affirmative Action (U.S.) admissions practices of a public law school, he had been allowed to attend class and otherwise function as though he had been admitted throughout the litigation. The Court refused to rule on the merits of the case because it no longer touched “the legal relations of parties having adverse interests.” Exceptions to the mootness threshold involve situations where time is too limited to litigate an issue fully and where a likelihood exists that the question will reoccur. Abortion cases qualify for an exception to the mootness rule, for example, because no appellate court can ever hear an abortion issue prior to a pregnancy running to full term. The Court observed in Roe v. Wade (410 U.S. 113: 1973) that appellate review would forever be foreclosed by mootness because a pregnancy would not last beyond the trial stage. Saying the law should not be that rigid, the Court acknowledged the need for the exception for issues that are “capable of repetition, yet evading review.” If the courts responded routinely to cases that had become moot, they would constantly be engaging in rendering advisory opinions.

Notes and References

  1. Definition of Mootness from the American Law Dictionary, 1991, California

Mootness in the United States

Mootness

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled MOOTNESSArticle III’s case or controversy restriction precludes federal courts from declaring law except in the context of litigation by parties with a personal stake in a live dispute that judicial decision can affect. They may not resolve moot questions-questions whose resolution can no longer
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

Mootness

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled MOOTNESS Constitutional litigation often takes place on two distinct planes. First, the parties disagree about whether government has wrongfully injured the plaintiff’s liberty or property interests. Second, the subject matter of the litigation sets the stage for a larger legal and
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

Mootness (Justiciability)

This section introduces, discusses and describes the basics of mootness. Then, cross references and a brief overview about Justiciability is provided. Finally, the subject of Civil Procedure in relation with mootness is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.


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