When navigating the labyrinth of legal jargon, chances are, you will have run across the term “moot point.” Moot points refer to unresolved issues that are technically legal, but have become outdated or have been made redundant. Many legal professionals use the term to signify an aspect of a case that is unimportant and can be disregarded.
The Origin of the Term ‘Moot Point’
The term moot point is derived from roots that date back to the 16th century. At the time, the word ‘moot’ would be used to refer to an assembly of people who would debate legal and moral matters of the day. It was the place where laws and customs were discussed and decided on. Over time, the phrase ‘moot point’ became more closely linked to the notion of an unresolvable legal issue.
How to Identify a Moot Point in a Legal Setting
In legal circles, a moot point is constituted by any matter which cannot be resolved due to a lack of standing or relevance. For example, if a law is amended, the original version becomes a moot point since it is no longer legally enforceable. Likewise, if a legal case has been settled and decided, any subsequent discussion of it becomes moot, as it has already been conclusively decided.
Resurrecting Moot Points in the 21st Century
Though moot points usually denote unresolved issues, they can be bought back into the legal vernacular from time-to-time. In some cases, where the legal landscape changes due to passing of new laws, moot points can be resurrected and made actionable. An example of this could be seen in cases concerning the Floridan Statute of Limitations, which underwent an amendment in 2019 that changed the statute from a four-year limit to a two-year limit for civil cases.
Making the Most of Moot Points in Business Law
It’s important for all business owners and professionals to be aware of moot points. By familiarizing themselves with past legal cases that are no longer actionable, entrepreneurs can get a better sense of the legal minefields to avoid and the specifics of the law that may prove relevant to their own situation.