Justiciability, Mootness

A court can only entertain a case if there is “justiciability.” A justiciable controversy exists where the (1) plaintiff has a legally protectable interest at stake, (2) a substantial controversy exists between parties with genuinely adverse interests, and (3) the controversy is ripe for judicial determination. Mo. Health Care Ass’n v. Attorney Gen. of Mo., 953 S.W.2d 774 (Mo. 1997).

If a case is moot, it is no longer justiciable — subject to certain exceptions. Mootness exists when a a judgment upon some matter would lack any practical effect on any then existing controversy or when an event occurs making it impossible for any appellate court to grant effective relief. Humane Soc’y of U.S. v. State, 405 S.W.3d 532, 535 (Mo. 2013).

A case must generally be dismissed if it is moot. Contact.

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