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An issue presenting no real controversy.

Moot refers to a subject for academic argument. It is an abstract question that does not arise from existing facts or rights.

Moot court is a cocurricular or extracurricular activity in law school where students have the opportunity to write briefs and present oral arguments on hypothetical cases.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


adj. 1) unsettled, open to argument, or debatable, specifically about a legal question which has not been determined by any decision of any court. 2) an issue only of academic interest. (See: moot point, moot court)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.


an old English word for an assembly, but now the word is used only
1 as a noun to describe a legal argument not in a court of law, usually held for the purpose of legal education based on a tradition established in the English Inns of Court.
2 as an adjective, a point of law is often said to be moot if, raised in a litigation, the point does not any longer affect the decision in the case before the court.
Collins Dictionary of Law © W.J. Stewart, 2006

MOOT, English law. A term used in the inns of court, signifying the exercise of arguing imaginary cases, which young barristers and students used to perform at certain times, the better to be enabled by this practice to defend their clients cases. A moot question is one which has not been decided.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
(286) Defendant's Response to Motion for Preliminary Injunction and Suggestion of Mootness at 3, Nordstrom v.
settlements was the potential waiver of valid claims, mootness fees
an argument for declaratory judgment in such a way as to avoid mootness.
In sum, the Ninth Circuit dismissed Greenpeace's appeal of the preliminary injunctions for mootness due to the expiration of the injunction and Shell's subsequent decision not to seek renewal.
(68) By eliminating appellate oversight in Article III courts, she argues, equitable mootness "'effectively delegates the power to prevent that review to the very non-Article III tribunal whose decision is at issue' because 'bankruptcy courts control nearly all of the variables' that are considered in assessing whether an appeal is equitably moot." (69) Yet, these observations stop well short of doubting the ability of bankruptcy judges to hear and decide municipal cases in the first instance.
In fact, modern justiciability doctrines, such as standing, ripeness, and mootness, complicate the assessment of strategy: there is often some debate about whether a justiciability doctrine is being used to avoid contentious issues or whether it reflects substantive and principled content on its own terms.
(5) The court conducted a lengthy analysis of the historical roots of justiciability doctrine, concluding that constitutional conceptions of standing and mootness are constructs of the twentieth century, which state courts might appropriately adopt as a matter of policy, but are not required to follow as a matter of state constitutional law.
E as figuras do mootness e da ripeness, tipicamente norte-americanas, procuraram fornecer respostas a derradeira demanda.
Mootness and ripeness are both, in other words, mostly prudential in nature.
Solicitor General Erwin Griswold was worried about the government's chances before the Court and recommended that the Air Force "waive Captain Struck's discharge and abandon its policy of automatically discharging women for pregnancy." (131) The Air Force agreed, and the Supreme Court vacated the judgment and remanded the case to the Ninth Circuit "to consider the issue of mootness in light of the position presently asserted by the Government." (132)
(34) However, declaratory plaintiffs often face formidable Article III challenges based upon the general case or controversy requirement as well as the underlying doctrines of standing, ripeness and mootness, as discussed below in Section I.A.
(13.) If a new issue arises on appeal, the Third Circuit has permitted supplementation under FRAP 10(e) when both parties agreed to stipulate to a fact relating to a potential mootness barrier.