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The Standards of Judicial Review

Description: This quiz will test your knowledge on the standards of judicial review.
Number of Questions: 15
Created by:
Tags: judicial review standards of review constitutional law
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What is the standard of review used when a court is reviewing a law that is alleged to violate the Equal Protection Clause of the Fourteenth Amendment?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review


Correct Option: A
Explanation:

Strict scrutiny is the most rigorous standard of review used by courts when reviewing laws that are alleged to violate the Equal Protection Clause. Under strict scrutiny, the government must have a compelling interest in enacting the law and the law must be narrowly tailored to achieve that interest.

What is the standard of review used when a court is reviewing a law that is alleged to violate the Due Process Clause of the Fifth or Fourteenth Amendment?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review


Correct Option:
Explanation:

Substantive due process is a doctrine that allows courts to invalidate laws that are found to be arbitrary, capricious, or fundamentally unfair. Under substantive due process, the government must have a legitimate interest in enacting the law and the law must be rationally related to that interest.

What is the standard of review used when a court is reviewing a law that is alleged to violate the Commerce Clause of the Constitution?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review


Correct Option: C
Explanation:

Rational basis review is the least rigorous standard of review used by courts when reviewing laws that are alleged to violate the Commerce Clause. Under rational basis review, the government must have a legitimate interest in enacting the law and the law must be rationally related to that interest.

What is the standard of review used when a court is reviewing a law that is alleged to violate the First Amendment?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review


Correct Option: A
Explanation:

Strict scrutiny is the standard of review used by courts when reviewing laws that are alleged to violate the First Amendment. Under strict scrutiny, the government must have a compelling interest in enacting the law and the law must be narrowly tailored to achieve that interest.

What is the standard of review used when a court is reviewing a law that is alleged to violate the Fourth Amendment?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review


Correct Option:
Explanation:

Reasonable suspicion is the standard of review used by courts when reviewing laws that are alleged to violate the Fourth Amendment. Under reasonable suspicion, the government must have a well-founded and articulable belief that criminal activity is afoot in order to justify a search or seizure.

What is the standard of review used when a court is reviewing a law that is alleged to violate the Fifth Amendment?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review


Correct Option:
Explanation:

Due process is the standard of review used by courts when reviewing laws that are alleged to violate the Fifth Amendment. Under due process, the government must provide fair and reasonable procedures before depriving a person of life, liberty, or property.

What is the standard of review used when a court is reviewing a law that is alleged to violate the Sixth Amendment?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review


Correct Option:
Explanation:

Fair trial is the standard of review used by courts when reviewing laws that are alleged to violate the Sixth Amendment. Under fair trial, the government must provide a fair and impartial trial to all criminal defendants.

What is the standard of review used when a court is reviewing a law that is alleged to violate the Eighth Amendment?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review


Correct Option:
Explanation:

Cruel and unusual punishment is the standard of review used by courts when reviewing laws that are alleged to violate the Eighth Amendment. Under cruel and unusual punishment, the government may not inflict excessive or disproportionate punishment on criminal defendants.

What is the standard of review used when a court is reviewing a law that is alleged to violate the Ninth Amendment?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review


Correct Option:
Explanation:

Unenumerated rights is the standard of review used by courts when reviewing laws that are alleged to violate the Ninth Amendment. Under unenumerated rights, the government may not infringe on rights that are not specifically enumerated in the Constitution.

What is the standard of review used when a court is reviewing a law that is alleged to violate the Tenth Amendment?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review


Correct Option:
Explanation:

State's rights is the standard of review used by courts when reviewing laws that are alleged to violate the Tenth Amendment. Under state's rights, the government may not infringe on the powers that are reserved to the states by the Constitution.

What is the standard of review used when a court is reviewing a law that is alleged to violate the Supremacy Clause?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review


Correct Option:
Explanation:

Preemption is the standard of review used by courts when reviewing laws that are alleged to violate the Supremacy Clause. Under preemption, the government may not enact laws that conflict with federal laws.

What is the standard of review used when a court is reviewing a law that is alleged to violate the Privileges and Immunities Clause?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review


Correct Option:
Explanation:

Fundamental rights is the standard of review used by courts when reviewing laws that are alleged to violate the Privileges and Immunities Clause. Under fundamental rights, the government may not infringe on rights that are fundamental to the American way of life.

What is the standard of review used when a court is reviewing a law that is alleged to violate the Full Faith and Credit Clause?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review


Correct Option:
Explanation:

Comity is the standard of review used by courts when reviewing laws that are alleged to violate the Full Faith and Credit Clause. Under comity, states are required to give full faith and credit to the public acts, records, and judicial proceedings of other states.

What is the standard of review used when a court is reviewing a law that is alleged to violate the Contract Clause?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review


Correct Option:
Explanation:

Impairment of contracts is the standard of review used by courts when reviewing laws that are alleged to violate the Contract Clause. Under impairment of contracts, the government may not enact laws that impair the obligations of contracts.

What is the standard of review used when a court is reviewing a law that is alleged to violate the Takings Clause?

  1. Strict scrutiny

  2. Intermediate scrutiny

  3. Rational basis review

  4. De novo review


Correct Option:
Explanation:

Public use is the standard of review used by courts when reviewing laws that are alleged to violate the Takings Clause. Under public use, the government may not take private property for public use without just compensation.

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