Principles of Judicial Review

Description: This quiz covers the fundamental principles of judicial review, the process by which courts assess the legality of government actions.
Number of Questions: 14
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Tags: judicial review constitutional law administrative law
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What is the primary purpose of judicial review?

  1. To ensure that government actions comply with the constitution and the law

  2. To resolve disputes between private individuals

  3. To determine the guilt or innocence of criminal defendants

  4. To create new laws and regulations


Correct Option: A
Explanation:

Judicial review is a crucial mechanism for ensuring that government actions are lawful and consistent with the constitution and the law.

Which court in the United States has the ultimate authority to conduct judicial review?

  1. The Supreme Court of the United States

  2. The federal district courts

  3. The state supreme courts

  4. The federal circuit courts of appeals


Correct Option: A
Explanation:

The Supreme Court of the United States is the highest court in the land and has the final say on matters of constitutional law and judicial review.

What is the principle of stare decisis?

  1. The principle that courts should follow precedent in their decisions

  2. The principle that courts should always interpret the law in a literal manner

  3. The principle that courts should give deference to the decisions of lower courts

  4. The principle that courts should always decide cases based on their own personal beliefs


Correct Option: A
Explanation:

Stare decisis is a fundamental principle of judicial review that requires courts to follow the precedents established by higher courts and their own previous decisions.

What is the principle of judicial deference?

  1. The principle that courts should give deference to the decisions of administrative agencies

  2. The principle that courts should always interpret the law in a literal manner

  3. The principle that courts should always decide cases based on their own personal beliefs

  4. The principle that courts should give deference to the decisions of lower courts


Correct Option: A
Explanation:

Judicial deference is a principle that requires courts to give weight to the decisions of administrative agencies, which are often experts in their respective fields.

What is the principle of exhaustion of administrative remedies?

  1. The principle that a person must exhaust all administrative remedies before seeking judicial review

  2. The principle that courts should always interpret the law in a literal manner

  3. The principle that courts should give deference to the decisions of lower courts

  4. The principle that courts should always decide cases based on their own personal beliefs


Correct Option: A
Explanation:

The principle of exhaustion of administrative remedies requires a person to use all available administrative procedures before seeking judicial review of an administrative decision.

What is the principle of mootness?

  1. The principle that a case is no longer justiciable because the issue in dispute has become irrelevant

  2. The principle that courts should always interpret the law in a literal manner

  3. The principle that courts should give deference to the decisions of lower courts

  4. The principle that courts should always decide cases based on their own personal beliefs


Correct Option: A
Explanation:

The principle of mootness states that a case is no longer justiciable if the issue in dispute has become irrelevant or if there is no longer a live controversy.

What is the principle of standing?

  1. The principle that a person must have a sufficient stake in the outcome of a case in order to bring a lawsuit

  2. The principle that courts should always interpret the law in a literal manner

  3. The principle that courts should give deference to the decisions of lower courts

  4. The principle that courts should always decide cases based on their own personal beliefs


Correct Option: A
Explanation:

The principle of standing requires that a person must have a sufficient stake in the outcome of a case in order to bring a lawsuit.

What is the principle of ripeness?

  1. The principle that a case is not yet ready for judicial review because the issue in dispute is not yet ripe

  2. The principle that courts should always interpret the law in a literal manner

  3. The principle that courts should give deference to the decisions of lower courts

  4. The principle that courts should always decide cases based on their own personal beliefs


Correct Option: A
Explanation:

The principle of ripeness states that a case is not yet ready for judicial review if the issue in dispute is not yet ripe or if the harm alleged is not yet imminent.

What is the principle of political question doctrine?

  1. The principle that courts should defer to the political branches of government in matters that are considered to be political in nature

  2. The principle that courts should always interpret the law in a literal manner

  3. The principle that courts should give deference to the decisions of lower courts

  4. The principle that courts should always decide cases based on their own personal beliefs


Correct Option: A
Explanation:

The political question doctrine is a principle that courts should defer to the political branches of government in matters that are considered to be political in nature, such as foreign policy and national security.

What is the principle of severability?

  1. The principle that a court can strike down a portion of a statute while leaving the rest of the statute intact

  2. The principle that courts should always interpret the law in a literal manner

  3. The principle that courts should give deference to the decisions of lower courts

  4. The principle that courts should always decide cases based on their own personal beliefs


Correct Option: A
Explanation:

The principle of severability allows a court to strike down a portion of a statute while leaving the rest of the statute intact, if the invalid portion is not essential to the overall purpose of the statute.

What is the principle of vagueness?

  1. The principle that a statute is unconstitutional if it is so vague that people cannot reasonably understand what conduct is prohibited

  2. The principle that courts should always interpret the law in a literal manner

  3. The principle that courts should give deference to the decisions of lower courts

  4. The principle that courts should always decide cases based on their own personal beliefs


Correct Option: A
Explanation:

The principle of vagueness states that a statute is unconstitutional if it is so vague that people cannot reasonably understand what conduct is prohibited.

What is the principle of overbreadth?

  1. The principle that a statute is unconstitutional if it prohibits a substantial amount of constitutionally protected conduct

  2. The principle that courts should always interpret the law in a literal manner

  3. The principle that courts should give deference to the decisions of lower courts

  4. The principle that courts should always decide cases based on their own personal beliefs


Correct Option: A
Explanation:

The principle of overbreadth states that a statute is unconstitutional if it prohibits a substantial amount of constitutionally protected conduct.

What is the principle of equal protection?

  1. The principle that all persons are entitled to equal protection under the law

  2. The principle that courts should always interpret the law in a literal manner

  3. The principle that courts should give deference to the decisions of lower courts

  4. The principle that courts should always decide cases based on their own personal beliefs


Correct Option: A
Explanation:

The principle of equal protection states that all persons are entitled to equal protection under the law, regardless of their race, religion, gender, or other protected characteristics.

What is the principle of due process?

  1. The principle that the government must provide fair and reasonable procedures before depriving a person of life, liberty, or property

  2. The principle that courts should always interpret the law in a literal manner

  3. The principle that courts should give deference to the decisions of lower courts

  4. The principle that courts should always decide cases based on their own personal beliefs


Correct Option: A
Explanation:

The principle of due process states that the government must provide fair and reasonable procedures before depriving a person of life, liberty, or property.

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