Friday, May 23, 2014

United States Parole Commission v. Geraghty case brief summary

United States Parole Commission v. Geraghty
 
·         FACTS: class action was filed for parole release guidelines are inconsistent with constitution but after case was denied to be certified as class action, and before brief of appeal, Geraghty was released on parole so court dismissed as moot

·         LEGAL ANALYSIS: Mootness has two aspects
1) when issue is presented no longer live
2) parties lack a legally cognizable interest in the outcome.

There is a personal stake requirement -> limits cases to cases of capable of judicial resolution. That goes to the first aspect, relates to case or controversy. Mootness can happen before or after a case is certified but you can always replace the representative. 

·         CONCLUSION/HOLDING: in a class, not moot if one person’s claim is moot. Do not have to dismiss.  If however during appeal something should occur that could prevent recover to any member of the class then the case must be dismissed as moot.

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