MBE Rules · Constitutional Law
Mootness
The rule
A case is moot if subsequent events deprive it of live controversy. Exceptions: (1) capable of repetition yet evading review, (2) voluntary cessation by defendant (with showing it will not recur), (3) class actions where named plaintiff's claim moot but class certified, (4) collateral consequences.
In plain English
A case is moot if the issue has already been resolved or is no longer relevant, so there's nothing left for the court to decide.
Worked example
The defendant stops the disputed activity and promises not to do it again. The court finds the case moot because there's no ongoing issue to resolve.
Memory hook
Moot or Mootless? Exceptions make it ruthless. Cases die unless exceptions apply: repetition, cessation, class actions, or collateral consequences.
The trap
Students think: Any moot case is dead. Wrong, because exceptions like capable of repetition or voluntary cessation can keep it alive. The actual test is whether exceptions apply.
How examiners test it
The MBE loves: plaintiff's personal stake ends, but issue could recur. Trap: students miss 'capable of repetition yet evading review' exception, assuming mootness ends all cases.
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