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JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience:  Over 11 years in practice as a litigator ... civil and criminal
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What is the legal term that means putting the cart before the

Customer Question

What is the legal term that means putting the cart before the horse? In other words a case being heard when the decission of a prior case is yet to be heard and the one would negate the reason for the second?
Submitted: 7 years ago.
Category: Legal
Expert:  JD replied 7 years ago.

When posing a common sense issue like this, an attorney would argue "judicial economy". In essence, if a higher court is preparing to rule on an identical issue, then the lower courts should refrain from entering opinions until the higher court has ruled. This may not be true with courts at an equal level. If the cases are related and one decision would negate the reason for the second, again we would argue "judicial economy" in the continuance motion that basically states it would be a waste of judicial resources to decide the second case until the first case is resolved.


I hope this helps.


Please reply if I can help further.



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Customer: replied 7 years ago.
Is there any other term that would apply. The latter part of your answer is the case here.
Expert:  JD replied 7 years ago.
I have heard this referred to as a case "being rendered moot", but only after the other decision had been handed down. An issue or a case in its entirety can be rendered moot by a decision in another case.
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Expert:  JD replied 7 years ago.

I just had a colleague refresh another term that is used... the issue is not yet "ripe" or "ripeness".


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