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Judicial Review in the United States

Description: This quiz will test your knowledge on Judicial Review in the United States.
Number of Questions: 14
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Tags: judicial review united states supreme court
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What is the power of the courts to declare legislative or executive acts unconstitutional?

  1. Judicial Review

  2. Legislative Review

  3. Executive Review

  4. Constitutional Review


Correct Option: A
Explanation:

Judicial Review is the power of the courts to declare legislative or executive acts unconstitutional.

Which 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


Correct Option: A
Explanation:

Marbury v. Madison (1803) established the principle of judicial review in the United States.

Who was the Chief Justice of the Supreme Court when Marbury v. Madison was decided?

  1. John Marshall

  2. Oliver Ellsworth

  3. William Cushing

  4. Samuel Chase


Correct Option: A
Explanation:

John Marshall was the Chief Justice of the Supreme Court when Marbury v. Madison was decided.

What was the main issue in Marbury v. Madison?

  1. The constitutionality of the Judiciary Act of 1789

  2. The constitutionality of the Alien and Sedition Acts

  3. The constitutionality of the Louisiana Purchase

  4. The constitutionality of the Embargo Act of 1807


Correct Option: A
Explanation:

The main issue in Marbury v. Madison was the constitutionality of the Judiciary Act of 1789.

What did the Supreme Court hold in Marbury v. Madison?

  1. That the Judiciary Act of 1789 was unconstitutional

  2. That the Alien and Sedition Acts were unconstitutional

  3. That the Louisiana Purchase was unconstitutional

  4. That the Embargo Act of 1807 was unconstitutional


Correct Option: A
Explanation:

The Supreme Court held in Marbury v. Madison that the Judiciary Act of 1789 was unconstitutional.

What is the doctrine of stare decisis?

  1. The doctrine of precedent

  2. The doctrine of judicial review

  3. The doctrine of constitutional interpretation

  4. The doctrine of separation of powers


Correct Option: A
Explanation:

Stare decisis is the doctrine of precedent.

How does the doctrine of stare decisis affect judicial review?

  1. It requires courts to follow the precedents of higher courts

  2. It requires courts to follow the precedents of lower courts

  3. It requires courts to follow the precedents of other courts in the same jurisdiction

  4. It requires courts to follow the precedents of courts in other jurisdictions


Correct Option: A
Explanation:

The doctrine of stare decisis requires courts to follow the precedents of higher courts.

What is the difference between judicial review and legislative review?

  1. Judicial review is the power of the courts to declare legislative or executive acts unconstitutional, while legislative review is the power of the legislature to declare judicial decisions unconstitutional

  2. Judicial review is the power of the courts to declare legislative or executive acts unconstitutional, while legislative review is the power of the legislature to declare executive acts unconstitutional

  3. Judicial review is the power of the courts to declare legislative or executive acts unconstitutional, while legislative review is the power of the legislature to declare judicial decisions unconstitutional

  4. Judicial review is the power of the courts to declare legislative or executive acts unconstitutional, while legislative review is the power of the legislature to declare executive acts unconstitutional


Correct Option: A,C
Explanation:

Judicial review is the power of the courts to declare legislative or executive acts unconstitutional, while legislative review is the power of the legislature to declare judicial decisions unconstitutional.

What is the difference between judicial review and executive review?

  1. Judicial review is the power of the courts to declare legislative or executive acts unconstitutional, while executive review is the power of the executive to declare legislative or judicial acts unconstitutional

  2. Judicial review is the power of the courts to declare legislative or executive acts unconstitutional, while executive review is the power of the executive to declare legislative acts unconstitutional

  3. Judicial review is the power of the courts to declare legislative or executive acts unconstitutional, while executive review is the power of the executive to declare judicial acts unconstitutional

  4. Judicial review is the power of the courts to declare legislative or executive acts unconstitutional, while executive review is the power of the executive to declare legislative or judicial acts unconstitutional


Correct Option: B
Explanation:

Judicial review is the power of the courts to declare legislative or executive acts unconstitutional, while executive review is the power of the executive to declare legislative acts unconstitutional.

What are the limits of judicial review?

  1. The courts can only declare legislative or executive acts unconstitutional if they are in violation of the Constitution

  2. The courts can only declare legislative or executive acts unconstitutional if they are in violation of the Constitution or a statute

  3. The courts can only declare legislative or executive acts unconstitutional if they are in violation of the Constitution, a statute, or a treaty

  4. The courts can only declare legislative or executive acts unconstitutional if they are in violation of the Constitution, a statute, a treaty, or a regulation


Correct Option: A
Explanation:

The courts can only declare legislative or executive acts unconstitutional if they are in violation of the Constitution.

What are the consequences of judicial review?

  1. The legislative or executive act that is declared unconstitutional is void

  2. The legislative or executive act that is declared unconstitutional is void and the courts can issue an injunction to prevent its enforcement

  3. The legislative or executive act that is declared unconstitutional is void and the courts can issue a writ of mandamus to compel the government to take action

  4. The legislative or executive act that is declared unconstitutional is void and the courts can issue a writ of prohibition to prevent the government from taking action


Correct Option: A
Explanation:

The legislative or executive act that is declared unconstitutional is void.

What is the difference between a writ of mandamus and a writ of prohibition?

  1. A writ of mandamus compels the government to take action, while a writ of prohibition prevents the government from taking action

  2. A writ of mandamus prevents the government from taking action, while a writ of prohibition compels the government to take action

  3. A writ of mandamus compels the government to take action, while a writ of prohibition prevents the government from taking action

  4. A writ of mandamus prevents the government from taking action, while a writ of prohibition compels the government to take action


Correct Option: A,C
Explanation:

A writ of mandamus compels the government to take action, while a writ of prohibition prevents the government from taking action.

What is the difference between a writ of certiorari and a writ of error?

  1. A writ of certiorari is used to review a decision of a lower court, while a writ of error is used to review a decision of a higher court

  2. A writ of certiorari is used to review a decision of a higher court, while a writ of error is used to review a decision of a lower court

  3. A writ of certiorari is used to review a decision of a lower court, while a writ of error is used to review a decision of a higher court

  4. A writ of certiorari is used to review a decision of a higher court, while a writ of error is used to review a decision of a lower court


Correct Option: A,C
Explanation:

A writ of certiorari is used to review a decision of a lower court, while a writ of error is used to review a decision of a higher court.

What is the difference between a writ of habeas corpus and a writ of amparo?

  1. A writ of habeas corpus is used to challenge the legality of a person's detention, while a writ of amparo is used to challenge the constitutionality of a law

  2. A writ of habeas corpus is used to challenge the constitutionality of a law, while a writ of amparo is used to challenge the legality of a person's detention

  3. A writ of habeas corpus is used to challenge the legality of a person's detention, while a writ of amparo is used to challenge the constitutionality of a law

  4. A writ of habeas corpus is used to challenge the constitutionality of a law, while a writ of amparo is used to challenge the legality of a person's detention


Correct Option: A,C
Explanation:

A writ of habeas corpus is used to challenge the legality of a person's detention, while a writ of amparo is used to challenge the constitutionality of a law.

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