Legal Articles

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.,…

Mootness on Appeal

Courts can generally only render an opinion or judgment when there is actually a controversy in a case. Legally, this means that a party filing a lawsuit must have “standing” and there must be a “justiciable” controversy. This  exists when a party has an interest in the subject matter of the suit that gives it a…

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