MOOT COURT VOCABULARY QUIZ IV P7

Practice by which the courts expand and apply the Constitution's intent beyond the meaning of its written words

• judicial interpretation

• judicial activism

• judicial restraint

• strict constructionist

to void, annul a prior judgment or ruling

• precedent

• overrule

• vacate

• dismiss

Notice at end of a pleading indicating that service of the pleading has been made upon a particular party.

• pleading

• summons

• service of process

• certificate of service

Service is made by delivering a copy of a pleading to a party, his agent, or the attorney of record.

• service of process

• certificate of service

• service of pleadings

• summons

The delivery of the complaint and summons to a defendant, formally notifying the defendant of a lawsuit.

• certificate of service

• summons

• service of pleadings

• service of process

Document informing a defendant that legal action has been commenced against him/her. Defendant must appear in court on a certain date to answer plaintiff's complaint.

• summons

• service of process

• complaint

• certificate of service

Constitutional interpretation that envisions the document as having a fixed meaning that is best determined by a strict reading of the text or the Framers' intent.

• Rational Basis Test

• Strict Scrutiny

• strict constructionist

• Living Constitutionalism

A method of interpreting the Constitution that emphasizes the principles it embodies and their application to changing circumstances and needs.

• Originalism

• Living Constitution

• Rational Basis Test

• Strict Scrutiny

The idea that the spirit of the times and the needs of the nation can legitimately influence judicial decisions.

• judicial restraint

• judicial activism

• Rational Basis Test

• Strict Scrutiny

Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.

• judicial restraint

• Rational Basis Test

• judicial activism

• Strict Scrutiny