Judicial Review and Relief Against Administrative Actions

Is generally used to embrace any matter which arises when such action is brought into question before a court

• Judicial Discretion

• Judicial Review

• Jurisidiction

• Administrative Review

If one was to file an appeal against an administrative case, where should it be filed with?

• Regional Trial Court

• Metropolitan Trial Court

• Court of Appeals

• Supreme Court

These 3 doctrines are mainly used in the timing and application of courts, except:

• Doctrine of State Immunity

• Doctrine of Primary Jurisdiction

• Doctrine of Exhaustion of Administrative Remedies

• Doctrine of Ripeness for Review

This doctrine is to allow first the administrative agency to carry out and perform their functions

• Doctrine of Primary Jurisdiction

• Doctrine of Exhaustion of Administrative Remedies

• Doctrine of Separation of Powers

• Doctrine of State Immunity

This doctrine determines the point at which courts may review administrative action:

• Doctrine of State Immunity

• Doctrine of Primary Jurisdiction

• Doctrine of Separation of Church and State

• Doctrine of Ripeness for Judicial Review

The Doctrine of Ripeness is to be applied in the following instances, except:

• When plaintiff is substantially harmed by the vagueness of the statute

• When governmental action is contingent and causes substantial injury to plaintiff

• When there is no administrative remedy available and party affected is immediately confronted with the choice between compliance or not

• When there is plaintiff wants to secure finality of the administrative case

The following are scope of judicial review, except:

• Determination of Fact

• Discretionary Determination

• Determination of Guilt

• None of the Choices

The following are statutory methods, except:

• Where remedy is governed by the statute itself

• Where direct judicial review afforded by legislation proving generally for such review

• Prerogatives writs such as certiorari, mandamus, habeas corpus, quo warranto, and prohibitions

• None of the choices

Evaluate the following statements:

i. Exclusive statutory method shall be applied if administrative agency provides a direct method of judicial review and is applicable. 

ii. In no case, exhaustion of judicial relief is required although statutory method of review is not exclusive.

   iii. In some cases, existence of statutory review has not precluded review by means other than as provided in the statute

• Statement i and ii is true

• Statement ii and iii is true

• Statement i and iii is true

• All statements are false

These are questions open to review, except:

• Matters of Law

• Matters of Discretion

• Matters of Fact

• Matters of Judiciary Discretion