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AssignmentMultiple Choice

Extending Civil Rights

Question 1 • RMA FL-2100310-United States History Semester 2

Which of the following is more characteristic of an activist approach to judicial review?

Answer
A
A judge decides not to hear a case, but lets Congress deal with the issue.
B
A judge makes a decision based on previous rulings.
C
A judge overturns a legal precedent.
D
A judge upholds a lower court's ruling.

Explanation

Judicial activism is associated with judges interpreting the law in ways that can change existing legal doctrine. Overturning a legal precedent directly departs from an earlier ruling, so it is the clearest example of an activist approach. Following precedent or upholding a lower court’s ruling is generally less activist.

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