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All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ IV. JUDICIAL DEPARTMENT ▸ B. Judicial Review ▸ 2. Exceptions ▸ b. Moot Questions

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Question

Exceptions to Moot Questions

Scenario 1:

A dispute arises between two parties over a piece of land. The plaintiff files a case seeking to enforce his ownership rights and obtain possession of the land. However, during the pendency of the case, the parties reach a settlement agreement, and the plaintiff voluntarily dismisses the case. The defendant argues that the case should be declared moot because there is no longer a live controversy. Can the court still proceed to hear the case? Discuss the exceptions to the mootness doctrine in this situation.

Scenario 2:

A criminal case is initiated against a defendant for alleged theft. After the filing of the case, the stolen property is recovered and returned to the rightful owner. The defendant argues that the case should be dismissed as moot because the property has been restored. Can the court still continue with the trial? Explain the exceptions to the mootness doctrine in criminal cases.


Answer

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