0

The Remedies Available in Judicial Review

Description: This quiz will test your knowledge on the remedies available in judicial review.
Number of Questions: 15
Created by:
Tags: judicial review remedies
Attempted 0/15 Correct 0 Score 0

Which of the following is not a remedy available in judicial review?

  1. Declaration

  2. Injunction

  3. Damages

  4. Habeas corpus


Correct Option: C
Explanation:

Damages are not a remedy available in judicial review. The other options are all remedies that can be granted by a court in judicial review proceedings.

What is the purpose of a declaration in judicial review?

  1. To order a public body to do or refrain from doing something

  2. To award compensation to a person who has been harmed by a public body's actions

  3. To release a person from unlawful detention

  4. To declare that a law or government action is unconstitutional


Correct Option: D
Explanation:

A declaration is a court order that declares that a law or government action is unconstitutional. It does not order the government to do or refrain from doing anything, and it does not award compensation to anyone. The other options are the purposes of other remedies available in judicial review.

What is the difference between a mandatory injunction and a prohibitory injunction?

  1. A mandatory injunction orders a public body to do something, while a prohibitory injunction orders a public body to refrain from doing something

  2. A mandatory injunction is granted when the court finds that the public body has acted unlawfully, while a prohibitory injunction is granted when the court finds that the public body is likely to act unlawfully

  3. A mandatory injunction is granted when the court finds that the public body has violated a person's rights, while a prohibitory injunction is granted when the court finds that the public body is likely to violate a person's rights

  4. A mandatory injunction is granted when the court finds that the public body has caused harm to a person, while a prohibitory injunction is granted when the court finds that the public body is likely to cause harm to a person


Correct Option: A
Explanation:

A mandatory injunction orders a public body to do something that it is legally required to do, while a prohibitory injunction orders a public body to refrain from doing something that it is legally prohibited from doing. The other options are incorrect.

What is the purpose of a certiorari?

  1. To order a public body to do or refrain from doing something

  2. To award compensation to a person who has been harmed by a public body's actions

  3. To release a person from unlawful detention

  4. To review a decision of a lower court or tribunal


Correct Option: D
Explanation:

A certiorari is a writ that orders a lower court or tribunal to send its record of a case to a higher court for review. The higher court can then decide whether the lower court or tribunal made any errors of law in its decision. The other options are the purposes of other remedies available in judicial review.

What is the purpose of a prohibition?

  1. To order a public body to do or refrain from doing something

  2. To award compensation to a person who has been harmed by a public body's actions

  3. To release a person from unlawful detention

  4. To prevent a lower court or tribunal from hearing a case


Correct Option: D
Explanation:

A prohibition is a writ that orders a lower court or tribunal to stop hearing a case. It is typically granted when the higher court finds that the lower court or tribunal does not have jurisdiction to hear the case or that the lower court or tribunal is acting in a manner that is contrary to the law. The other options are the purposes of other remedies available in judicial review.

What is the purpose of a mandamus?

  1. To order a public body to do or refrain from doing something

  2. To award compensation to a person who has been harmed by a public body's actions

  3. To release a person from unlawful detention

  4. To compel a public body to perform a duty that it is legally required to perform


Correct Option: D
Explanation:

A mandamus is a writ that orders a public body to perform a duty that it is legally required to perform. It is typically granted when the public body has refused or neglected to perform the duty. The other options are the purposes of other remedies available in judicial review.

What is the purpose of a habeas corpus?

  1. To order a public body to do or refrain from doing something

  2. To award compensation to a person who has been harmed by a public body's actions

  3. To release a person from unlawful detention

  4. To review a decision of a lower court or tribunal


Correct Option: C
Explanation:

A habeas corpus is a writ that orders a person who is being held in custody to be brought before a court to determine whether the detention is lawful. If the court finds that the detention is unlawful, it will order the person to be released. The other options are the purposes of other remedies available in judicial review.

What is the purpose of a quo warranto?

  1. To order a public body to do or refrain from doing something

  2. To award compensation to a person who has been harmed by a public body's actions

  3. To release a person from unlawful detention

  4. To determine whether a person is entitled to hold a public office


Correct Option: D
Explanation:

A quo warranto is a writ that orders a person who is holding a public office to show by what authority they are holding the office. If the court finds that the person is not entitled to hold the office, it will order them to be removed from office. The other options are the purposes of other remedies available in judicial review.

What is the purpose of a certiorari?

  1. To order a public body to do or refrain from doing something

  2. To award compensation to a person who has been harmed by a public body's actions

  3. To release a person from unlawful detention

  4. To review a decision of a lower court or tribunal


Correct Option: D
Explanation:

A certiorari is a writ that orders a lower court or tribunal to send its record of a case to a higher court for review. The higher court can then decide whether the lower court or tribunal made any errors of law in its decision. The other options are the purposes of other remedies available in judicial review.

What is the purpose of a prohibition?

  1. To order a public body to do or refrain from doing something

  2. To award compensation to a person who has been harmed by a public body's actions

  3. To release a person from unlawful detention

  4. To prevent a lower court or tribunal from hearing a case


Correct Option: D
Explanation:

A prohibition is a writ that orders a lower court or tribunal to stop hearing a case. It is typically granted when the higher court finds that the lower court or tribunal does not have jurisdiction to hear the case or that the lower court or tribunal is acting in a manner that is contrary to the law. The other options are the purposes of other remedies available in judicial review.

What is the purpose of a mandamus?

  1. To order a public body to do or refrain from doing something

  2. To award compensation to a person who has been harmed by a public body's actions

  3. To release a person from unlawful detention

  4. To compel a public body to perform a duty that it is legally required to perform


Correct Option: D
Explanation:

A mandamus is a writ that orders a public body to perform a duty that it is legally required to perform. It is typically granted when the public body has refused or neglected to perform the duty. The other options are the purposes of other remedies available in judicial review.

What is the purpose of a habeas corpus?

  1. To order a public body to do or refrain from doing something

  2. To award compensation to a person who has been harmed by a public body's actions

  3. To release a person from unlawful detention

  4. To review a decision of a lower court or tribunal


Correct Option: C
Explanation:

A habeas corpus is a writ that orders a person who is being held in custody to be brought before a court to determine whether the detention is lawful. If the court finds that the detention is unlawful, it will order the person to be released. The other options are the purposes of other remedies available in judicial review.

What is the purpose of a quo warranto?

  1. To order a public body to do or refrain from doing something

  2. To award compensation to a person who has been harmed by a public body's actions

  3. To release a person from unlawful detention

  4. To determine whether a person is entitled to hold a public office


Correct Option: D
Explanation:

A quo warranto is a writ that orders a person who is holding a public office to show by what authority they are holding the office. If the court finds that the person is not entitled to hold the office, it will order them to be removed from office. The other options are the purposes of other remedies available in judicial review.

What is the purpose of a certiorari?

  1. To order a public body to do or refrain from doing something

  2. To award compensation to a person who has been harmed by a public body's actions

  3. To release a person from unlawful detention

  4. To review a decision of a lower court or tribunal


Correct Option: D
Explanation:

A certiorari is a writ that orders a lower court or tribunal to send its record of a case to a higher court for review. The higher court can then decide whether the lower court or tribunal made any errors of law in its decision. The other options are the purposes of other remedies available in judicial review.

What is the purpose of a prohibition?

  1. To order a public body to do or refrain from doing something

  2. To award compensation to a person who has been harmed by a public body's actions

  3. To release a person from unlawful detention

  4. To prevent a lower court or tribunal from hearing a case


Correct Option: D
Explanation:

A prohibition is a writ that orders a lower court or tribunal to stop hearing a case. It is typically granted when the higher court finds that the lower court or tribunal does not have jurisdiction to hear the case or that the lower court or tribunal is acting in a manner that is contrary to the law. The other options are the purposes of other remedies available in judicial review.

- Hide questions