| gen. |
вопрос, о котором бессмысленно спорить (org.uk SirReal); предмет юридического спора; спорная позиция (Alexander Demidov); неоднозначный вопрос (a) An issue that is subject to, or open for discussion or debate; originally, one to be definitively determined by an assembly of the people. Exactly which of the songs on Small Change originated in London is a moot point. b) An issue regarded as potentially debatable, but no longer practically applicable. Although the idea may still be worth debating and exploring academically, and such discussion may be useful for addressing similar issues in the future, the idea has been rendered irrelevant for the present issue. Until we rebuild downtown, whether we build more parking spaces is a moot point. WT Alexander Demidov); спорный вопрос (In law, the terms moot and mootness have different meanings in British English and American English. In the legal system of the United States, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. Thereby the matter has been deprived of practical significance or rendered purely academic. The U.S. development of this word stems from the practice of moot courts, in which hypothetical or fictional cases were argued as a part of legal education. These purely academic issues led the U.S. courts to describe cases where developing circumstances made any judgment ineffective as "moot". The doctrine can be compared to the ripeness doctrine, another judge-made rule, that holds that judges should not rule on cases based entirely on anticipated disputes or hypothetical facts. Similar doctrines prevent the federal courts of the United States from issuing advisory opinions. This is different from the usage in the British legal system, where the term "moot" has the meaning of "debatable". The shift in usage was first observed in the United States Taras) |
