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Appealable Though Moot?

Illinois Bar Journal, Vol. 97, p. 476, 2009

2 Pages Posted: 8 Oct 2009  

Jeffrey A. Parness

Northern Illinois University - College of Law

Date Written: October 6, 2009

Abstract

Generally, Illinois courts cannot decide moot questions, that is, questions whose answers will not alter case outcomes. Occasionally, however, exceptions are made that allow moot questions to be determined. Five mootness exceptions for civil appellate cases were explored in In re Alfred H.H., 233 Ill.2d 345 (2009), where the court decided that evaluations of the established exceptions usually “must be conducted on a case-by-case basis.” Per se exceptions are now disfavored. Exceptions are more likely employed where appeals involve decisions on legal issues creating uncertainties, requiring more authoritative bases, or continuing to cause harm.

Keywords: appeals, justiciability, civil procedure, judicial review, mootness

Suggested Citation

Parness, Jeffrey A., Appealable Though Moot? (October 6, 2009). Illinois Bar Journal, Vol. 97, p. 476, 2009. Available at SSRN: https://ssrn.com/abstract=1483881

Jeffrey A. Parness (Contact Author)

Northern Illinois University - College of Law ( email )

Swen Parson Hall
DeKalb, IL 60115
United States

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