DDI09.ss.mootness.wave5

DDI09.ss.mootness.wave5 - n36 The rule that a court will...

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The Perm destroys legitimacy by violating mootness doctrine of the Court A. The Court deciding the constitutionality of law that has been repealed violates mootness doctrine (if the Hyde amendment has been repealed, it cannot be the basis of a ruling) Corey C . Watson '91 Northwestern University Law Review FALL, 1991 86 Nw. U.L. Rev. 143 A case becomes "moot" when "its factual or legal context changes in such a way that a justiciable question no longer is before the court." n32 [*147] Defining mootness as the absence of a justiciable issue, however, merely raises the question of what is meant by the term "justiciability." n33 The Supreme Court has distinguished a justiciable controversy "from one that is academic or moot." n34 Accordingly, a justiciable controversy is one that is "definite and concrete, touching the legal relations of parties having adverse legal interests." n35 The controversy must be "real and substantial[,] . . . admitting of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts."
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Unformatted text preview: n36 The rule that a court will not decide a moot case is recognized in virtually every American jurisdiction . n37 B Violating mootness destroys court credibility Corey C . Watson '91 Northwestern University Law Review FALL, 1991 86 Nw. U.L. Rev. 143 The tension between constitutional demands and prudential judicial authority drives the debate over the theoretical foundation for mootness. The lack of consensus regarding mootness theory compounds the difficulty of applying the doctrine. While the effect that mootness has on individual litigants is a significant consideration in the debate, so too is the effect of the structure and limits of government. The optimal model for mootness must recognize the legitimacy of a party pursuing a meaningful judicial remedy and, in doing so, must also preserve the legitimacy of judicial authority itself....
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This note was uploaded on 12/20/2010 for the course K 101 taught by Professor Staff during the Fall '10 term at UMass Lowell.

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