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 (C)</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 (D)</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 (B)</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 (B)</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 (C)</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 (B)</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 (A)</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 (A)</p> Signup and view all the answers

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