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Principles and Application of Judicial Review Quiz

#1

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

Marbury v. Madison
Explanation

Landmark case where the Supreme Court asserted its power to review laws' constitutionality.

#2

What does judicial review refer to?

The power of the judiciary to interpret the Constitution and overturn laws or actions inconsistent with it
Explanation

Judiciary's authority to interpret the Constitution and strike down unconstitutional laws.

#3

What is the primary purpose of judicial review?

To interpret the Constitution
Explanation

Essential role of determining the Constitution's meaning and its application.

#4

Which of the following is NOT a criterion for judicial review?

Consistency with international law
Explanation

International law compliance is not typically a factor in judicial review.

#5

Which branch of government typically enacts laws subject to judicial review?

Legislative Branch
Explanation

Judicial review assesses laws passed by the legislative branch.

#6

What is the term for a legal case that does not present a live controversy?

Moot
Explanation

Cases lacking a real dispute or issue for resolution.

#7

Who typically has the authority to exercise judicial review in a country with a common law legal system?

The Supreme Court or a similar highest court
Explanation

Highest court's responsibility in interpreting laws' constitutionality in common law systems.

#8

In which landmark case did the U.S. Supreme Court first exercise its power of judicial review?

Marbury v. Madison
Explanation

First instance where the Supreme Court declared a law unconstitutional, establishing judicial review.

#9

In which country was the concept of judicial review first articulated?

England
Explanation

Origins of judicial review lie in English legal history.

#10

What is the role of stare decisis in judicial review?

It encourages courts to adhere to precedent and respect established decisions
Explanation

Stare decisis fosters respect for past court rulings and consistency in legal interpretation.

#11

In what year was the concept of judicial review formally established in the United States?

1803
Explanation

Formal recognition of judicial review occurred in 1803.

#12

Which doctrine suggests that the judiciary should generally defer to decisions made by the legislative and executive branches?

Doctrine of Separation of Powers
Explanation

Principle advocating for each branch's autonomy and limited interference in others' functions.

#13

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

The practice of judges overturning laws or governmental actions based on their interpretation of the Constitution
Explanation

Judges' intervention to invalidate laws or actions according to their constitutional interpretation.

#14

Which of the following is an example of a judicial review power that is not explicitly written in the Constitution?

The power to declare laws unconstitutional
Explanation

Judiciary's authority to invalidate laws derives from implied constitutional principles.

#15

What is the term used to describe a court order requiring a person to do or refrain from doing a specific act?

Mandamus
Explanation

Legal command directing specific actions or abstentions.

#16

In what type of case does the U.S. Supreme Court have original jurisdiction?

Cases involving ambassadors
Explanation

Supreme Court's original jurisdiction covers specific case types like those involving ambassadors.

#17

In the United States, which branch of government has the authority to confirm judicial appointments?

Legislative Branch
Explanation

Confirmation of judicial appointments lies within the legislature's purview.

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