Chapter 16 Vocabulary List

Pgs / Group 1
507-511 / august / respected and impressive.
arbiter / a person who settles a dispute or has ultimate authority in a matter
litigant / a person involved in a lawsuit
plaintiff / a person who brings a case against another in a court of law
defendant / an individual, company, or institution sued or accused in a court of law
standing / the requirement that plaintiffs have sustained or will sustain direct injury or harm and that this harm is redressable
class action / a lawsuit filed or defended by an individual or small group acting on behalf of a large group
justiciable / capable of being decided by legal principles or by a court of justice
amicus curiae / a person, not a party to the litigation, who volunteers or is invited by the court to give advice upon some matter pending before it.
jurisdiction / the official power to make legal decisions and judgments
Group 2
511-516 / senatorial courtesy / a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's party from that state
ascriptive / a group in which status is based on a factor other than achievement. A group that only has members of a certain race or sex is an example of an ascriptive group.
Group 3
520-527 / perfunctory / an action or gesture carried out with a minimum of effort or reflection.
caustic / sarcastic in a scathing and bitter way
dissenting opinion / an opinion in a legal case written by one or more judges expressing disagreement with the majority
concurring opinion / a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for his or her decision
recusal / to disqualify (oneself) as judge in a particular case; broadly : to remove (oneself) from participation to avoid a conflict of interest
precedent / an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances
stare decisis / means that courts look to past, similar issues to guide their decisions. The past decisions are known as precedent.
remands / place (a defendant) on bail or in custody, especially when a trial is adjourned.
"I had a seventeen-year-old son remanded to a drug-addiction program.”
strict constructionism / interpreting the Constitution based on a literal and narrow definition of the language without reference to the differences in conditions when the Constitution was written and modern conditions, inventions and societal changes
original intent / The theory of interpretation by which judges attempt to ascertain the meaning of a particular provision of a state or federal constitution by determining how the provision was understood at the time it was drafted and ratified.
Group 4
527-535 / judicial implementation / the process by which a court's decision is enforced. The executive branch must enforce court decisions, but if the president or governor disagrees with a ruling, he or she sometimes ignores it or only partially enforces it
usurper / someone who wrongfully takes someone else's place
deferential / respect and esteem due a superior or an elder; also : affected or ingratiating regard for another's wishes
judicial restraint / a legal term that describes a type of judicial interpretation that emphasizes the limited nature of the court's power.
judicial activism / judicial rulings suspected of being based on personal or political considerations rather than on existing law.