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Judicial Review of Agency Military Decisions

Description: This quiz will evaluate your understanding of judicial review of agency military decisions.
Number of Questions: 15
Created by:
Tags: judicial review military law administrative law
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Which of the following is a primary purpose of judicial review of agency military decisions?

  1. To ensure compliance with constitutional principles

  2. To ensure compliance with statutory law

  3. To ensure compliance with military regulations

  4. To ensure compliance with international law


Correct Option: A
Explanation:

Judicial review of agency military decisions is primarily intended to ensure that military agencies are acting in accordance with the Constitution and other fundamental legal principles.

What is the scope of judicial review of agency military decisions?

  1. Limited to questions of law

  2. Limited to questions of fact

  3. Limited to questions of policy

  4. Unlimited


Correct Option: A
Explanation:

Judicial review of agency military decisions is generally limited to questions of law, such as whether the agency has exceeded its authority or acted in an arbitrary or capricious manner.

Which of the following is a standard of review that courts may apply in judicial review of agency military decisions?

  1. Rational basis review

  2. Intermediate scrutiny

  3. Strict scrutiny

  4. De novo review


Correct Option: A
Explanation:

Rational basis review is the most common standard of review applied in judicial review of agency military decisions. Under this standard, the court will uphold the agency's decision if it is supported by a rational basis in the evidence.

What is the role of the courts in judicial review of agency military decisions?

  1. To substitute their judgment for that of the agency

  2. To overturn agency decisions that are not supported by the evidence

  3. To ensure that agency decisions are made in accordance with the law

  4. To ensure that agency decisions are made in a fair and impartial manner


Correct Option: C
Explanation:

The role of the courts in judicial review of agency military decisions is to ensure that agency decisions are made in accordance with the law, not to substitute their judgment for that of the agency.

Which of the following is a potential remedy that a court may order in judicial review of an agency military decision?

  1. Injunction

  2. Declaratory judgment

  3. Mandamus

  4. All of the above


Correct Option: D
Explanation:

In judicial review of an agency military decision, a court may order a variety of remedies, including injunctions, declaratory judgments, and writs of mandamus.

What is the doctrine of exhaustion of administrative remedies?

  1. The requirement that a party must exhaust all administrative remedies before seeking judicial review

  2. The requirement that a party must exhaust all judicial remedies before seeking administrative review

  3. The requirement that a party must exhaust all administrative remedies before seeking legislative review

  4. The requirement that a party must exhaust all judicial remedies before seeking legislative review


Correct Option: A
Explanation:

The doctrine of exhaustion of administrative remedies requires a party to exhaust all administrative remedies before seeking judicial review of an agency decision.

Which of the following is an exception to the doctrine of exhaustion of administrative remedies?

  1. When the agency action is unconstitutional

  2. When the agency action is illegal

  3. When the agency action is arbitrary and capricious

  4. All of the above


Correct Option: D
Explanation:

There are a number of exceptions to the doctrine of exhaustion of administrative remedies, including when the agency action is unconstitutional, illegal, or arbitrary and capricious.

What is the Feres doctrine?

  1. The doctrine that bars federal tort claims against the United States for injuries sustained by military personnel incident to service

  2. The doctrine that bars federal tort claims against the United States for injuries sustained by military personnel during training

  3. The doctrine that bars federal tort claims against the United States for injuries sustained by military personnel during deployment

  4. The doctrine that bars federal tort claims against the United States for injuries sustained by military personnel during combat


Correct Option: A
Explanation:

The Feres doctrine bars federal tort claims against the United States for injuries sustained by military personnel incident to service.

Which of the following is an exception to the Feres doctrine?

  1. When the injury is caused by the negligence of a third party

  2. When the injury is caused by the intentional misconduct of a military officer

  3. When the injury is caused by a defective product

  4. All of the above


Correct Option: D
Explanation:

There are a number of exceptions to the Feres doctrine, including when the injury is caused by the negligence of a third party, the intentional misconduct of a military officer, or a defective product.

What is the Religious Freedom Restoration Act (RFRA)?

  1. A federal law that prohibits the government from substantially burdening a person's exercise of religion

  2. A federal law that prohibits the government from discriminating against a person on the basis of religion

  3. A federal law that prohibits the government from favoring one religion over another

  4. A federal law that prohibits the government from establishing a religion


Correct Option: A
Explanation:

The Religious Freedom Restoration Act (RFRA) is a federal law that prohibits the government from substantially burdening a person's exercise of religion.

Which of the following is a standard of review that courts may apply in RFRA cases?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review


Correct Option: A
Explanation:

In RFRA cases, courts apply strict scrutiny, which is the most rigorous standard of review.

What is the doctrine of military necessity?

  1. The doctrine that allows the military to take actions that are necessary to achieve its objectives, even if those actions would otherwise be illegal

  2. The doctrine that allows the military to take actions that are necessary to protect its personnel, even if those actions would otherwise be illegal

  3. The doctrine that allows the military to take actions that are necessary to protect its property, even if those actions would otherwise be illegal

  4. The doctrine that allows the military to take actions that are necessary to achieve its objectives, even if those actions would otherwise be illegal


Correct Option: A,D
Explanation:

The doctrine of military necessity allows the military to take actions that are necessary to achieve its objectives, even if those actions would otherwise be illegal.

Which of the following is an example of a military necessity defense?

  1. The use of force to protect military personnel from attack

  2. The destruction of property to prevent it from falling into enemy hands

  3. The detention of civilians to prevent them from aiding the enemy

  4. All of the above


Correct Option: D
Explanation:

All of the above are examples of military necessity defenses.

What is the doctrine of collateral estoppel?

  1. The doctrine that prevents a party from relitigating an issue that has already been decided in a prior lawsuit

  2. The doctrine that prevents a party from relitigating an issue that has already been decided in a prior administrative proceeding

  3. The doctrine that prevents a party from relitigating an issue that has already been decided in a prior arbitration

  4. All of the above


Correct Option: D
Explanation:

The doctrine of collateral estoppel prevents a party from relitigating an issue that has already been decided in a prior lawsuit, administrative proceeding, or arbitration.

Which of the following is an example of a collateral estoppel defense?

  1. A defendant who has been acquitted of a crime cannot be tried again for the same crime

  2. A plaintiff who has lost a lawsuit cannot sue the same defendant again for the same cause of action

  3. A party who has lost an administrative proceeding cannot appeal the decision to a higher court

  4. All of the above


Correct Option: D
Explanation:

All of the above are examples of collateral estoppel defenses.

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