Which of the following is judicial interpretation?
A.determining what the law means in a specific case
B.following the law, regardless of one’s personal views
C.imposing one’s own personal views on what the law should be
D.using the principles of due process to determine what the law is
1: (answer) a judge compares a law to the constitution and declares a law unconstitutional and of no effect.
2: (answer) Marbury V Maddison
3: (answer) determining what the law means in a specific case
4: (answer) precedent
5: (answer) Brown V board of education
6: (answer)the government can overrule a claim of individual rights to protect the common hood
(LESSON 10 JUDICIAL REVIEW AND INTERPRETATION)
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I think it is A
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The correct answer is A. determining what the law means in a specific case.
To arrive at this answer, let's examine the options and break down the meanings:
A. determining what the law means in a specific case: Judicial interpretation involves analyzing legal texts, statutes, and precedents to interpret the law's meaning and apply it to a particular case. Judges interpret the law to resolve disputes and provide guidance for future cases.
B. following the law, regardless of one’s personal views: This option refers to the principle of judicial restraint, where judges interpret and enforce the law based on its plain meaning or original intent, regardless of their personal beliefs or opinions.
C. imposing one’s own personal views on what the law should be: This option describes judicial activism, where judges interpret the law in a way that aligns with their personal beliefs or policy preferences, sometimes going beyond the text of the law or the intentions of lawmakers.
D. using the principles of due process to determine what the law is: Due process is a fundamental concept that ensures fair treatment and protects individual rights in legal proceedings. While it is an important principle in interpreting and applying the law, it does not exclusively encompass the overall process of judicial interpretation itself.
Based on the above analysis, option A best describes judicial interpretation. It involves determining the meaning of the law in a specific case and applying that interpretation to reach a decision.