Mootness
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether the case is moot.
Analysis
R: A case is considered moot if there is no longer a live controversy or if the court’s decision will no longer have any practical effect on the parties. A controversy must exist at all stages of litigation, not just when the complaint is filed.
A: Here, [apply rules to facts].
Evading Review Exception
R: The case is not moot if the issue is likely to recur but, by its nature, evades judicial review due to time constraints.
A: Here, [apply rule to facts].
C: Therefore, this exception [does/does not] apply.
Voluntary Cessation Exception
R: The case is not moot if the defendant voluntarily ceases the challenged conduct but can easily resume it later.
A: Here, [apply rule to facts].
C: Therefore, this exception [does/does not] apply.
Collateral Consequences Exception
R: The case is not moot if the resolution of the primary issue leaves secondary or collateral legal consequences.
A: Here, [apply rule to facts].
C: Therefore, this exception [does/does not] apply.
Conclusion
C: Therefore, the case [is moot and, thus, not justiciable/is not moot].
Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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