In most cases, pleadings and dumbs keep their distance from each other. No law student talks about a “silent court” and no one searches for the “pleading” button on a remote control during commercials. But in a commonplace, they now exchange quite often: the “controversial point”. Another example occurs when a court dismisses a legal challenge to an existing law as “null and void,” when the impugned law is amended or repealed by the statute before the court case can be resolved. A recent example of this occurred in Moore v. Madigan, where Illinois Attorney General Lisa Madigan refused to appeal a Seventh District decision that overturned Illinois` handgun ban to the U.S. Supreme Court, with Illinois subsequently passing a law legalizing concealed carrying with a state-issued permit, rendering the case obsolete. In a more specific legal sense dating back to the 16th century, a debatable is the discussion of a hypothetical case by law students for practice; A dubious hypothetical case that can be used for discussion.” Students can refer to a pleading book containing “moot” legal cases to discuss. A controversial point is sometimes mispronounced as a silent point, making it a common linguistic egghorn. At first glance, moots and mute may sound like similar words, but they are pronounced differently and mean different things. An expression that can mean one of the following definitions, but is often used in a way that combines the meanings of both: Strictly speaking as a noun, moot is now only used in historical (and Game of Thrones) contexts. As a verb (“the matter was eventually discussed by the firm`s bankruptcy”), it was mainly used by lawyers. And as an attributive, its medieval meaning still resonates in the name of a venerable ritual of law school: the obligatory mock court, in which students pose as lawyers on opposite pages of a case, prepare briefs, and then argue them orally as in a courtroom.
Think of a mock process, but at the call level. In the U.S. legal system, a matter is contested when other legal proceedings involving it cannot have any effect or events have brought it beyond the scope of the law. As a result, the issue has been stripped of its practical significance or rendered purely academic. The development of this word in the United States stems from the practice of moot courts, where hypothetical or fictitious cases have been pleaded as part of legal education. These purely academic issues have led US courts to characterize as “contentious” cases in which changing circumstances rendered an ineffective judgment. The doctrine can be compared to the doctrine of maturity, another rule established by judges that judges should not rule on cases based solely on expected disputes or hypothetical facts. Similar doctrines prevent U.S. federal courts from issuing advisory opinions.  Open to discussion or unworthy â â âmootâ can mean both.
But the most important point I want to make is what the press is doing now. “The obvious reality of life is that most criminal convictions actually have negative legal collateral consequences. The mere possibility that this is the case is enough to prevent criminal proceedings from ending ignominiously in the limbo of the dispute. Sibron vs. New York. A point of contention is a point, aspect or topic that is no longer relevant or can no longer be questioned or discussed. If we speak against a capital vice, we should speak against its opposite; The middle between the two is the point of virtue. The term “Moot Point” has been used since the mid-19th century.
It was used in the nineteenth century to refer to an unresolved topic that could be debated in law school. In the early 20th century, it began to take on the related meaning of a subject that lacks practical significance – related, because the outcome of the rhetorical process will not change anything in the real world. Although the latter meaning is relatively new, it may have become more common (at least on this side of the Atlantic) than the original. As the meaning of the term expanded, its spelling remained undisputed for more than a century. But around 1960, the “Mute Point” variant appeared. And today, although the “silent spot” is still largely avoided in edited publications, you can still sometimes see it slipping here and there. Just to complicate matters, as in a hypothetical discussion about law students in the United States, the old sense of advocacy survives unchanged in mock courts, where American law students practice their skills in mock court proceedings. In the early 20th century, “contentious point” began to mean “a matter of no practical significance.” Adj. (1) not resolved, contested or contested, in particular on a question of law which has not been decided by any court decision. 2) a subject that has only academic interest. In a complex but fascinating entry on this word, the OED confirms that moot, which dates back to the 11th century, originally meant “an assembly, an assembly of people, especially for judicial or legislative purposes.” Also: a place where a meeting is held.â Sometimes a moot bell would ring to call people to a contest where they could discuss their arguments.
It`s easy to see why people might confuse the two words in this phrase. If someone were to say that something is a silent point, their mistake would be understandable, since the presumed meaning – “the point is silent” – always makes sense. However, it is important to know that the right sentence is not a silent point, but a controversial one. The final word goes to PG Wodehouse, who wrote that he lived in an “age of theoretical questions”, adding inimitably: “Some more contentious than others”. You can also use Moot Point to refer to something that is no longer relevant to the current conversation. For example, if you`re hoping to win the lottery and buy a vacation home but don`t win, the location of your vacation home is a point of contention. In this case, changing circumstances (not the lottery winning) made your choice obsolete. Say what you want about Paul Gascoigne – and most people have over the years – but he remains one of the most technically gifted players in the UK. How long does a silent point last – its armor runs out – but where there is a will, there may be a way. — Russell Kempson, The Times (London, English), September 10, 1998 To borrow an old right-wing talking point, these people are angry no matter what we do. You just have to be aware that if an American says something is “contentious,” he may not mean the same thing as a Brit – a topic that is particularly relevant to the Guardian, a British newspaper with more readers in the US than in the UK. Anyway, please, please, don`t write it “dumb point”.