Pg 6 Flashcards
What are the things that have to be considered under timing for case and controversy?
– mootness
– ripeness
What is the timing that is required for a case and controversy?
The actual controversy must exist at all stages of appellate review, for the duration of the case, not just inception
What is mootness?
When the judicial decision would have no legal effect because the issues have already been resolved or disappeared. The issue then becomes moot and it limits judicial review.
It is necessary that there be a live dispute throughout every stage of litigation
What is an example of a moot case?
Dispute about a cow, but then the cow dies.
What are some possible reasons for mootness?
- the subject matter doesn’t exist anymore
- the defendant complied with the suit request
- the case settled
- the defendant unilaterally changed his conduct
- the law changed
- the statute no longer effects the party (maybe the party is no longer a minor)
- the court can’t give any effective relief
If a court can only give partial relief, is the case moot?
No, it is only moot if the court can’t give ANY relief
Why is mootness uncommon?
Because people don’t waste time or money litigating suits that are already solved
If you see mootness on an exam, why is it being tested?
Because an exception applies
What is a collusive case?
When the parties don’t have a real issue, but they just want judicial determination of the case. They use fake names and someone else pays for the lawyers, and this is collusive and dismissed. The facts have to be actual. Often this occurs when the parties make a contract just to bring a suit to get an opinion on a question of law because they have a common interest
What are exceptions to mootness?
– capable of repetition but evading judicial review
– continuing injury
– voluntary cessation of unlawful activities
How do the exceptions to mootness work?
They negate the requirement of an actual controversy at all stages
What is involved in the exception to mootness for “capable of repetition but evading judicial review”?
There must be a reasonable expectation or demonstrable probability that some controversy will recur involving the same complaining party. Mere possibility is not enough.
Ie: black law student’s case was moot because he would never again apply to law school once a decision was made, so not capable of repetition. A class action on this matter would’ve been different.
What is a really good example of the exception to mootness for “capable repetition but evading judicial review“?
Roe v. Wade: a woman’s pregnancy is usually over and the case is moot because the normal gestation period is so short that it will come to term before the appellate process is complete, so since a pregnancy often happens more than once to the same woman, it is considered to be capable of repetition but evading review
When does the exception for mootness of “capable of repetition but evading judicial review“ often occur?
When the challenged order is so short it will probably end before review happens, or the factual circumstances make the order moot by the time of appeal.
What is involved in the mootness exception for “voluntary cessation of unlawful activities“?
If there’s a reasonable likelihood that the wrong will be resumed after voluntary cessation, it will not be considered to be moot. Without this exception the defendant could temporarily stop to escape judgment.
Ask: is the wrongful behaviour reasonably expected to be repeated? I.e.: a company that dumped waste into the river. They stopped doing it for the case, but they will probably do it again afterward
