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Why Can't You Pursue A Moot Issue In Court

Criminal Law Discussion Forum

Why Can't You Pursue A Moot Issue In Court

Postby Gustave » Fri Feb 28, 2014 3:08 pm

My question involves criminal law for the state of: Tenn
Does the moot concept kill any chance to address a New Discovery of Constitutional violations made by a prosecution, Judge or jury? If so, we really live in a pathetic society?
Gustave
 
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Why Can't You Pursue A Moot Issue In Court

Postby Tayte » Tue Mar 04, 2014 2:22 am

In jurisprudence, a problem is moot whenever a judicial judgment won't alter the end result. The basic illustration is of the law student who's denied for admission to some law school, sues the school requesting a judge to compel his admission, and is accepted as the case remains pending. The judge may dismiss the case since its ruling will not influence the end result - the pupil is already in school so there's no point in buying that the school acknowledge him, and the school has already accepted him so there's no point in ruling that it'd the best to exclude him.
In unusual circumstances a court might consider an issue of substantial legal or constitutional transfer to warrant a judgment even although the issue is moot with regards to the parties, but even then there'll be no change in the parties' circumstances consequently of the ruling.
Tayte
 
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Why Can't You Pursue A Moot Issue In Court

Postby Mansel » Sun Mar 09, 2014 4:27 am

One can file a Doctrine of Moot Challenge. There must be very extraordinary circumstances for a court to even consider a challenge of mootness. The decison to accept the challenge will only be based on matters of law.
Mansel
 
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