10 ENGLISH BOOKS RELATING TO «MOOTNESS»
Discover the use of
mootness in the following bibliographical selection. Books relating to
mootness and brief extracts from same to provide context of its use in English literature.
Exceptions to the mootness doctrine: Mootness is a flexible doctrine, and moot
cases are allowed to continue under certain circumstances. a. “Capable of
repetition yet evading review”: The most prominent exception to the mootness
doctrine is ...
2
Constitutional Law National Power and Federalism: Examples ...
The ripeness and mootness doctrines examine the problem of justiciability from
the perspective of time. Ripeness focuses on the potential prematurity ofalawsuit,
whilemootnessaddressesthepotential staleness. Bothdoctrines are premised on ...
Christopher N. May, Allan Ides, 2007
3
Law, Politics and the Judicial Process in Canada
This factor appears to have weighed heavily in the decision of the majority of this
Court in Forget v. Quebec (Attorney-General) [1988]. The third underlying
rationale of the mootness doctrine is the need for the Court to demonstrate a
measure ...
Frederick Lee Morton, 2002
4
Judicial Process: Law, Courts, and Politics in the United States
... or even roll back concepts of standing, particularly for class actions. Ripeness.
and. Mootness. Under the ripeness doctrine, a case must have matured from a
theoretical dispute to a live one. Thus, a case is said to be ripe for adjudication if
...
David Neubauer, Stephen Meinhold, 2012
5
Environmental Enforcement: Civil and Criminal
[vi] — Mootness The Supreme Court in Gwaltney recognized that if a defendant
comes into compliance during a citizen suit and an injunction would no longer be
appropriate, the doctrine of mootness may prevent maintenance of the suit.140 ...
6
Section 1983 Litigation: Claims and Defenses
Laidlaw Environmental Services,16 the United States Supreme Court stressed
that although mootness has been described as “standing set in a time frame,” the
standing and mootness doctrines are not identical. For example, “there are ...
Martin A. Schwartz, John E. Kirklin, 1997
7
Social Inclusion and the Legal System: Public Interest Law ...
A useful compromise based on the Canadian experience is suggested by
JUSTICE/Public Law Project where they recommend that the matter of costs be
entrusted to the discretion of the court.1*' Doctrine of mootness - the case for ...
Propensity problems generally come in two varieties before the court: ripeness
and mootness.6 The revised Quincy-Rudolfo hypothetical is a good example of a
ripeness problem: there is insufficient evidence that. 5. Occasionally, courts will ...
9
Federal Courts: Examples and Explanations
The doctrine of mootness governs suits where the parties' controversy has
disappeared. The ripeness doctrine prevents courts from adjudicating matters
deemed premature because the injury is speculative and may never occur. To
determine ...
10
Environmental Law, Policy, and Economics: Reclaiming the ...
The ''heavy burden of persuading'' the court that the challenged conduct cannot
reasonably be expected to start up again lies with the party asserting mootness.
Ibid. The Court of Appeals justified its mootness disposition by reference to Steel
...
Nicholas Askounes Ashford, Charles C. Caldart, 2008
10 NEWS ITEMS WHICH INCLUDE THE TERM «MOOTNESS»
Find out what the national and international press are talking about and how the term
mootness is used in the context of the following news items.
Third Circuit Curtails Equitable Mootness Doctrine
A panel of the U.S. Court of Appeals for the Third Circuit has narrowed the scope of the equitable mootness doctrine in bankruptcy cases. «New Jersey Law Journal, Jul 15»
Court holds appeal of opposition of withdrawn trademark application …
... was pending, the Respondent withdrew its application for registration of the Mark, and moved to have the appeal dismissed for mootness. «Lexology, Jul 15»
Chancery Court Scrutiny of Nonmonetary Settlements Continues
First, plaintiffs counsel could request a mootness dismissal since the shareholders' concerns were adequately addressed in the additional ... «Delaware Business Court Insider, Jul 15»
Petiton for re-hearing granted in Bubu Palo case
The Iowa Board of Regents will have until July 24 to respond to its appeal on the "mootness issue." In May of 2012, Palo, an ISU basketball ... «Iowa State Daily, Jul 15»
Motions flying in nativity scene lawsuit
Owens said he expects the plaintiffs “will raise an exception to mootness arguing that the nativity scene is capable of repetition” if it is erected ... «Baxter Bulletin, Jul 15»
Trapper Mine in Craig provides update to court
On July 1, Trapper Mining, Inc. filed a notice of correction statement with the district court withdrawing its argument for mootness in a claim ... «Craig Daily Press, Jul 15»
A word from the Ninth Circuit: substantial consummation is not the …
As a reminder, “equitable mootness” is a doctrine that enables a court to dismiss an appeal from a bankruptcy confirmation order where, as a ... «Lexology, Jul 15»
Timeliness of Declaratory Judgment Action Depends on Facts
The Superior Court chose to hear the appeal, however, deciding it presented an exception to the mootness doctrine. Citing Commonwealth ... «The Legal Intelligencer, Jul 15»
PINAC Correspondent Michale Hoffman Speaks About His …
Ultimately it was dismissed due to “mootness”. The State argued, and the courts agreed that since the legislature proactively amended the ... «PINAC News, Jul 15»
Judge hears motions to dismiss lawsuits against BCBE, Robbie Owen
Lewis also brought up the doctrine of mootness, saying that suing for restitution and to stop this use of funds after it has occurred was not the ... «Gulf Coast News Today, Jul 15»