mootness


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moot

 (mo͞ot)
adj.
1.
a. Subject to debate; arguable or unsettled: "It is a moot point whether Napoleon Bonaparte was born a subject of the King of France" (Norman Davies).
b. Of no practical importance; irrelevant: "[He] was appearing as a goodwill gesture, since the competition was moot for him; he had long ago qualified for inclusion in the games" (Mark Levine).
2. Law
a. Not presenting an open legal question, as a result of the occurrence of some event definitively resolving the issue, or the absence of a genuine case or controversy.
b. Of no legal significance; hypothetical.
tr.v. moot·ed, moot·ing, moots
1.
a. To bring up (a subject) for discussion or debate. See Synonyms at broach1.
b. To discuss or debate: "The notion of eliminating the corporate income tax has been mooted in tax circles for years" (Francis X. Clines).
2. To render (a subject or issue) irrelevant: "The F.C.C.'s ability to regulate the broadcast media rested on the finite nature of the spectrum, and that has been mooted by the infinity of cable" (William Safire).
3. Law
a. To argue (a case) in a moot court.
b. To render (a legal issue or question) irrelevant.
n.
1. Law
a. The discussion or argument of a hypothetical case by law students as an exercise.
b. A hypothetical case used for such a discussion or argument.
2. An ancient English meeting, especially a representative meeting of the freemen of a shire.

[Middle English, meeting, from Old English mōt, gemōt.]

moot′ness n.
Usage Note: The adjective moot is originally a legal term going back to the 1500s. It derives from the noun moot in its sense of a hypothetical case argued as an exercise by law students. The noun moot in turn goes back to an Old English word meaning "a meeting, especially one convened for legislative or judicial purposes." Consequently, a moot question is one that is arguable or open to debate. But in the mid-1800s, people also began to look at the hypothetical side of moot as its essential meaning, and they started to use the word to mean "of no significance or relevance." Thus a moot point, however debatable, is one that has no practical value. A number of critics have objected to this usage, but in our 2008 survey 83 percent of the Usage Panel accepted it in the sentence The nominee himself chastised the White House for failing to do more to support him, but his concerns became moot when a number of Republicans announced that they, too, would oppose the nomination. This represents a significant increase over the 59 percent that accepted the same sentence in 1988. Writers who use this word should be sure that the context makes clear which sense of moot is meant. It is often easier to use another word, such as debatable or irrelevant.

mootness

(ˈmuːtnəs)
n
law US the quality of having no effect or practical relevance
References in periodicals archive ?
The Supreme Court has explained that, "[i]n contrast [with standing], by the time mootness is an issue, the case has been brought and litigated, often (as here) for years.
"mootness fees" instead of "disclosure settlements"
"[B]ecause the plaintiff did not accept either of the defendant's offers and informed the court of his intention to appeal from the denial of class certification, we hold that the defendant's motion to dismiss for mootness was improperly granted," Kafker wrote.
Martin, said the court "got it right" both on the question of mootness and whether the failure to notarize the tax affidavit is disqualifying.
The department's suggestion of mootness is accordingly denied.
The appellate court said the arguments of Wahono's camp with regard to SMHC and CMMTC's supposed 'lack of legal personality' to institute the petition and the alleged mootness of it have already been addressed in its earlier resolutions.
This eighth edition reflects current law and practice of federal jurisdiction, with expanded coverage of standing to sue and state suitability and expanded coverage of mootness, especially in class action suits.
Chasanow issued a show-cause order in the remaining case Friday, noting she was considering dismissal for lack of prosecution or mootness.
The SC dismissed Estrada's petition on account of mootness.
in a military action may end up suffering the same mootness problem as
The equitable mootness doctrine undermines the public function
Both Marcos and Robredo camps have been pushing for the resolution of the case as the PET historically has not resolved any of the previous cases based on merit since all were dismissed solely based on mootness.