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The Scope of Judicial Review

Description: This quiz is designed to assess your understanding of the scope of judicial review, which refers to the authority of courts to review and invalidate government actions that are deemed to be unconstitutional or illegal.
Number of Questions: 14
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Tags: judicial review constitutional law separation of powers
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What is the primary purpose of judicial review?

  1. To ensure that government actions comply with the constitution

  2. To resolve disputes between private individuals

  3. To interpret and apply laws passed by the legislature

  4. To oversee the executive branch of government

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Correct Option: A
Explanation:

Judicial review serves as a check on the powers of the other branches of government by ensuring that their actions are consistent with the constitution.

Which landmark case established the principle of judicial review in the United States?

  1. Marbury v. Madison

  2. McCulloch v. Maryland

  3. Gibbons v. Ogden

  4. Fletcher v. Peck

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Correct Option: A
Explanation:

In Marbury v. Madison (1803), the Supreme Court of the United States asserted its authority to declare laws unconstitutional, thereby establishing the principle of judicial review.

What are the two main types of judicial review?

  1. Substantive and procedural

  2. Constitutional and statutory

  3. Civil and criminal

  4. Federal and state

Show answer
Correct Option: A
Explanation:

Judicial review can be categorized into substantive review, which examines the substance or content of a government action, and procedural review, which focuses on the procedures followed in taking the action.

What is the standard of review used by courts in substantive judicial review?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review

Show answer
Correct Option: A
Explanation:

In substantive judicial review, courts apply different levels of scrutiny depending on the nature of the government action. Strict scrutiny is the most rigorous standard and is used when a fundamental right is at stake.

What is the standard of review used by courts in procedural judicial review?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review

Show answer
Correct Option: C
Explanation:

In procedural judicial review, courts generally apply the rational basis test, which asks whether the government action has a rational basis in relation to a legitimate government interest.

What is the doctrine of standing in judicial review?

  1. The requirement that a party must have a sufficient stake in the outcome of a case to bring a lawsuit

  2. The principle that courts should avoid deciding cases that are moot or hypothetical

  3. The rule that courts should defer to the decisions of administrative agencies

  4. The concept that courts should interpret statutes in a way that avoids constitutional questions

Show answer
Correct Option: A
Explanation:

The doctrine of standing requires that a party bringing a lawsuit must have a personal stake or interest in the outcome of the case in order to have the right to sue.

What is the principle of ripeness in judicial review?

  1. The requirement that a case must be ready for decision before a court can hear it

  2. The rule that courts should avoid deciding cases that are moot or hypothetical

  3. The doctrine that courts should defer to the decisions of administrative agencies

  4. The concept that courts should interpret statutes in a way that avoids constitutional questions

Show answer
Correct Option: A
Explanation:

The principle of ripeness requires that a case must be sufficiently developed and concrete before a court can hear it, in order to avoid premature or abstract decisions.

What is the doctrine of mootness in judicial review?

  1. The requirement that a case must be ready for decision before a court can hear it

  2. The principle that courts should avoid deciding cases that are moot or hypothetical

  3. The rule that courts should defer to the decisions of administrative agencies

  4. The concept that courts should interpret statutes in a way that avoids constitutional questions

Show answer
Correct Option: B
Explanation:

The doctrine of mootness prevents courts from deciding cases that have become moot, meaning that the issues presented in the case are no longer relevant or capable of being resolved by a judicial decision.

What is the principle of deference in judicial review?

  1. The requirement that a case must be ready for decision before a court can hear it

  2. The principle that courts should avoid deciding cases that are moot or hypothetical

  3. The rule that courts should defer to the decisions of administrative agencies

  4. The concept that courts should interpret statutes in a way that avoids constitutional questions

Show answer
Correct Option: C
Explanation:

The principle of deference requires courts to give weight to the decisions of administrative agencies, which have expertise in their respective fields, and to avoid substituting their own judgment for that of the agency.

What is the concept of judicial activism in the context of judicial review?

  1. The philosophy that judges should interpret the constitution broadly and actively enforce individual rights

  2. The principle that judges should defer to the decisions of administrative agencies

  3. The rule that courts should avoid deciding cases that are moot or hypothetical

  4. The concept that courts should interpret statutes in a way that avoids constitutional questions

Show answer
Correct Option: A
Explanation:

Judicial activism refers to the philosophy that judges should take an active role in interpreting the constitution and enforcing individual rights, even if it means overturning government actions or policies.

What is the concept of judicial restraint in the context of judicial review?

  1. The philosophy that judges should interpret the constitution narrowly and defer to the decisions of other branches of government

  2. The principle that judges should defer to the decisions of administrative agencies

  3. The rule that courts should avoid deciding cases that are moot or hypothetical

  4. The concept that courts should interpret statutes in a way that avoids constitutional questions

Show answer
Correct Option: A
Explanation:

Judicial restraint refers to the philosophy that judges should exercise restraint in interpreting the constitution and should defer to the decisions of other branches of government, such as the legislature and the executive.

What is the doctrine of stare decisis in the context of judicial review?

  1. The principle that courts should follow precedent and respect the decisions of higher courts

  2. The philosophy that judges should interpret the constitution broadly and actively enforce individual rights

  3. The rule that courts should defer to the decisions of administrative agencies

  4. The concept that courts should interpret statutes in a way that avoids constitutional questions

Show answer
Correct Option: A
Explanation:

The doctrine of stare decisis requires courts to follow precedent and respect the decisions of higher courts, in order to maintain consistency and predictability in the law.

What is the principle of separation of powers in relation to judicial review?

  1. The principle that the three branches of government (legislative, executive, and judicial) should be separate and independent

  2. The philosophy that judges should interpret the constitution broadly and actively enforce individual rights

  3. The rule that courts should defer to the decisions of administrative agencies

  4. The concept that courts should interpret statutes in a way that avoids constitutional questions

Show answer
Correct Option: A
Explanation:

The principle of separation of powers requires that the three branches of government (legislative, executive, and judicial) be separate and independent, in order to prevent any one branch from becoming too powerful.

What is the concept of checks and balances in relation to judicial review?

  1. The system of checks and balances among the three branches of government, where each branch has the power to limit the actions of the other branches

  2. The philosophy that judges should interpret the constitution broadly and actively enforce individual rights

  3. The rule that courts should defer to the decisions of administrative agencies

  4. The concept that courts should interpret statutes in a way that avoids constitutional questions

Show answer
Correct Option: A
Explanation:

The concept of checks and balances refers to the system in which each branch of government has the power to limit the actions of the other branches, in order to prevent any one branch from becoming too powerful.

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