How to use moot case in a sentence? Find typical usage patterns (collocations)/phrases/context for "moot case" and check conjugation/comparative form for "moot case". Mastering all the usages of "moot case" from sentence examples published by news publications.
Mulvaney "can't intervene into a moot case," Todd Tatelman, a lawyer for the House, said during Monday's hearing.
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Although free from the U.S. Constitutional limitation, Canada has recognized that considerations of judicial economy and comity with the legislative and executive branch may justify a decision to dismiss an allegedly moot case, as deciding hypothetical controversies is tantamount to legislating. Considerations of the effectiveness of advocacy involved in the adversarial system and the possibility of recurrence of an alleged constitutional violation may sway the court.Morton, Frederick Lee, (March 2002) Law, politics, and the judicial process in Canada (BPR Publishers) 660pp. . Additionally, the federal and provincial governments can ask for advisory opinions in hypothetical scenarios, termed reference questions, from their respective highest courts.
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In the U.S. federal judicial system, a moot case must be dismissed, there being a constitutional limitation on the jurisdiction of the federal courts. The reason for this is that Article Three of the United States Constitution limits the jurisdiction of all federal courts to "cases and controversies". Thus, a civil action or appeal in which the court's decision will not affect the rights of the parties is ordinarily beyond the power of the court to decide, provided it does not fall within one of the recognized exceptions. A textbook example of such a case is the United States Supreme Court case DeFunis v.
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Lamer C.J., writing for the majority, rejected arguments that the court should refrain from ruling on this issue because the matter was moot as J.G. had already regained custody of her children. He rejected such arguments by applying the test from Borowski about when a court should decide a moot case. In this situation, the court decided that this was an important matter that was unlikely to return to the court and whenever it did return to the court it would be with a moot issue because of the length of time such cases take to reach the Supreme Court of Canada and because of the difficulty for indigent parents who cannot afford legal counsel to pursue such cases in the appellate courts.New Brunswick (Minister of Health and Community Services) v.
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