Judicial Review Requisites: Actual Case and Controversy (APEN)
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Questions and Answers

Why do courts try to avoid deciding constitutional questions?

  • To expedite the legal process
  • To uphold the doctrine of separation of powers (correct)
  • To show their independence from the executive branch
  • To avoid taking responsibility for controversial decisions

    • When can the constitutionality of a law be considered by the courts?

  • If it is the main issue of the case and raised early on (correct)
  • Only when the law is ambiguous
  • Whenever the judges find it appropriate
  • If the law was passed recently

    • Why do courts presume the constitutionality of laws?

  • Due to lack of legal expertise among judges
  • To speed up the legal process
  • To avoid controversy
  • As a way to support the legislative and executive branches' actions (correct)

    • What must be true for a matter of constitutionality to be considered by the courts?

    <p>It must be the main question at hand and raised promptly</p> Signup and view all the answers

    Why was a petition for Certiorari considered incorrect in the case of GSIS Family Bank Employees Union vs. Villanueva?

    <p>Because the Governance Commission falls under the Office of the President</p> Signup and view all the answers

    What is a requirement for a case to be appropriate for judicial determination?

    <p>Involves a conflict of legal rights</p> Signup and view all the answers

    When can a moot and academic case still be resolved by the court?

    <p>When there is paramount public interest</p> Signup and view all the answers

    Who must raise the question of constitutionality according to the text?

    <p>The proper party who has sustained or is in immediate danger of sustaining an injury</p> Signup and view all the answers

    In what circumstances can a constitutional question be raised at any time?

    <p>In criminal cases if necessary for the case itself</p> Signup and view all the answers

    Why must a constitutional question be raised at the earliest possible opportunity?

    <p>To avoid it being considered on appeal if not raised earlier</p> Signup and view all the answers

    What must a concrete case involve to be resolved by the court, even when moot and academic?

    <p>A possibility of constitutional violation</p> Signup and view all the answers

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