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The Impact of Judicial Review on Legislative Enactments

Description: This quiz is designed to assess your understanding of the impact of judicial review on legislative enactments.
Number of Questions: 15
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Tags: judicial review legislative enactments constitutional law
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What is the primary purpose of judicial review?

  1. To ensure that legislative enactments comply with the constitution.

  2. To determine the constitutionality of executive actions.

  3. To resolve disputes between different branches of government.

  4. To interpret the meaning of statutes.


Correct Option: A
Explanation:

Judicial review is the power of a court to declare a legislative enactment unconstitutional and therefore void.

Which court has the final say on the constitutionality of a legislative enactment?

  1. The Supreme Court of the United States.

  2. The highest court in each state.

  3. The federal district courts.

  4. The court of appeals.


Correct Option: A
Explanation:

The Supreme Court of the United States is the highest court in the land and has the final say on the constitutionality of a legislative enactment.

What is the doctrine of stare decisis?

  1. The principle that courts should follow precedent.

  2. The principle that courts should interpret statutes narrowly.

  3. The principle that courts should interpret statutes broadly.

  4. The principle that courts should defer to the decisions of other branches of government.


Correct Option: A
Explanation:

Stare decisis is the principle that courts should follow precedent, or the decisions of higher courts, in similar cases.

What is the difference between facial challenges and as-applied challenges to a legislative enactment?

  1. Facial challenges challenge the entire enactment, while as-applied challenges challenge only specific applications of the enactment.

  2. Facial challenges challenge the enactment on its face, while as-applied challenges challenge the enactment as applied to a particular case.

  3. Facial challenges challenge the enactment's constitutionality, while as-applied challenges challenge the enactment's validity.

  4. Facial challenges challenge the enactment's purpose, while as-applied challenges challenge the enactment's effect.


Correct Option: A
Explanation:

Facial challenges challenge the entire enactment, arguing that it is unconstitutional on its face, while as-applied challenges challenge only specific applications of the enactment, arguing that it is unconstitutional as applied to a particular case.

What is the doctrine of severability?

  1. The principle that a court can strike down a portion of a legislative enactment while leaving the rest of the enactment intact.

  2. The principle that a court can uphold a portion of a legislative enactment while striking down the rest of the enactment.

  3. The principle that a court can strike down an entire legislative enactment.

  4. The principle that a court can uphold an entire legislative enactment.


Correct Option: A
Explanation:

The doctrine of severability allows a court to strike down a portion of a legislative enactment while leaving the rest of the enactment intact, if the court finds that the unconstitutional portion is severable from the rest of the enactment.

What is the doctrine of vagueness?

  1. The principle that a legislative enactment must be clear and specific in its terms.

  2. The principle that a legislative enactment must be broad and general in its terms.

  3. The principle that a legislative enactment must be written in plain English.

  4. The principle that a legislative enactment must be written in legalese.


Correct Option: A
Explanation:

The doctrine of vagueness prohibits legislative enactments that are vague or indefinite, as they may be unconstitutionally overbroad or fail to provide fair notice to citizens.

What is the doctrine of overbreadth?

  1. The principle that a legislative enactment is unconstitutional if it prohibits more speech than is necessary to achieve its legitimate purpose.

  2. The principle that a legislative enactment is unconstitutional if it prohibits less speech than is necessary to achieve its legitimate purpose.

  3. The principle that a legislative enactment is unconstitutional if it prohibits speech that is protected by the First Amendment.

  4. The principle that a legislative enactment is unconstitutional if it prohibits speech that is not protected by the First Amendment.


Correct Option: A
Explanation:

The doctrine of overbreadth prohibits legislative enactments that are overly broad and prohibit more speech than is necessary to achieve their legitimate purpose.

What is the doctrine of ripeness?

  1. The principle that a court will not decide a case until it is ripe for review.

  2. The principle that a court will decide a case as soon as possible.

  3. The principle that a court will decide a case only if it is important.

  4. The principle that a court will decide a case only if it is controversial.


Correct Option: A
Explanation:

The doctrine of ripeness prevents courts from deciding cases that are not yet ripe for review, meaning that the issues in the case are not yet fully developed or the parties have not yet suffered a concrete injury.

What is the doctrine of standing?

  1. The principle that a person must have a sufficient stake in the outcome of a case in order to bring a lawsuit.

  2. The principle that a person must have a legal right to bring a lawsuit.

  3. The principle that a person must have a financial stake in the outcome of a case in order to bring a lawsuit.

  4. The principle that a person must have a personal stake in the outcome of a case in order to bring a lawsuit.


Correct Option: A
Explanation:

The doctrine of standing requires that a person who brings a lawsuit must have a sufficient stake in the outcome of the case, meaning that they must have suffered or will suffer a concrete injury as a result of the defendant's actions.

What is the doctrine of mootness?

  1. The principle that a court will not decide a case that is no longer relevant.

  2. The principle that a court will decide a case even if it is no longer relevant.

  3. The principle that a court will decide a case only if it is relevant.

  4. The principle that a court will decide a case only if it is important.


Correct Option: A
Explanation:

The doctrine of mootness prevents courts from deciding cases that are no longer relevant, meaning that the issues in the case have been resolved or the parties have lost interest in the outcome.

What is the doctrine of laches?

  1. The principle that a court will not decide a case if the plaintiff has waited too long to bring the lawsuit.

  2. The principle that a court will decide a case even if the plaintiff has waited too long to bring the lawsuit.

  3. The principle that a court will decide a case only if the plaintiff has waited too long to bring the lawsuit.

  4. The principle that a court will decide a case only if the defendant has waited too long to bring the lawsuit.


Correct Option: A
Explanation:

The doctrine of laches prevents courts from deciding cases where the plaintiff has waited too long to bring the lawsuit, resulting in prejudice to the defendant.

What is the doctrine of estoppel?

  1. The principle that a person is prevented from asserting a claim or defense that they have previously asserted or that is inconsistent with a previous position they have taken.

  2. The principle that a person is not prevented from asserting a claim or defense that they have previously asserted or that is inconsistent with a previous position they have taken.

  3. The principle that a person is only prevented from asserting a claim or defense that they have previously asserted.

  4. The principle that a person is only prevented from asserting a claim or defense that is inconsistent with a previous position they have taken.


Correct Option: A
Explanation:

The doctrine of estoppel prevents a person from asserting a claim or defense that they have previously asserted or that is inconsistent with a previous position they have taken, as it would be unfair to allow them to change their position to their advantage.

What is the doctrine of res judicata?

  1. The principle that a final judgment on the merits of a case is conclusive and binding on the parties and their privies in subsequent litigation involving the same cause of action.

  2. The principle that a final judgment on the merits of a case is not conclusive and binding on the parties and their privies in subsequent litigation involving the same cause of action.

  3. The principle that a final judgment on the merits of a case is conclusive and binding on the parties but not on their privies in subsequent litigation involving the same cause of action.

  4. The principle that a final judgment on the merits of a case is not conclusive and binding on the parties but on their privies in subsequent litigation involving the same cause of action.


Correct Option: A
Explanation:

The doctrine of res judicata prevents relitigation of the same cause of action between the same parties or their privies, as it would be unfair to allow a party to have multiple opportunities to obtain a favorable judgment.

What is the doctrine of collateral estoppel?

  1. The principle that a final judgment on an issue of fact or law is conclusive and binding on the parties and their privies in subsequent litigation involving a different cause of action.

  2. The principle that a final judgment on an issue of fact or law is not conclusive and binding on the parties and their privies in subsequent litigation involving a different cause of action.

  3. The principle that a final judgment on an issue of fact or law is conclusive and binding on the parties but not on their privies in subsequent litigation involving a different cause of action.

  4. The principle that a final judgment on an issue of fact or law is not conclusive and binding on the parties but on their privies in subsequent litigation involving a different cause of action.


Correct Option: A
Explanation:

The doctrine of collateral estoppel prevents relitigation of the same issue of fact or law between the same parties or their privies in subsequent litigation involving a different cause of action, as it would be unfair to allow a party to have multiple opportunities to obtain a favorable judgment on the same issue.

What is the doctrine of stare decisis?

  1. The principle that courts should follow precedent.

  2. The principle that courts should not follow precedent.

  3. The principle that courts should only follow precedent in certain cases.

  4. The principle that courts should only follow precedent in criminal cases.


Correct Option: A
Explanation:

The doctrine of stare decisis is the principle that courts should follow precedent, or the decisions of higher courts, in similar cases.

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