Judicial Review Requisites: Actual Case and Controversy (APEN)

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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?

It must be the main question at hand and raised promptly 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?

Because the Governance Commission falls under the Office of the President Signup and view all the answers

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

Involves a conflict of legal rights Signup and view all the answers

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

When there is paramount public interest Signup and view all the answers

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

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

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

In criminal cases if necessary for the case itself Signup and view all the answers

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

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

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

A possibility of constitutional violation Signup and view all the answers

Judicial Review Requisites: Actual Case and Controversy (APEN)

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Questions and Answers

Why do courts try to avoid deciding constitutional questions?

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

Why do courts presume the constitutionality of laws?

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

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

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

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

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

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

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

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

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