JD Next Practice Exam 2025 – 400 Free Practice Questions to Pass the Exam

Question: 1 / 400

How can a statute be challenged in court?

By arguing that it is unconstitutional or violates individual rights

A statute can be challenged in court primarily by arguing that it is unconstitutional or violates individual rights. This is a fundamental aspect of the legal system, where individuals or groups can bring cases asserting that a law infringes upon rights protected by the Constitution or other legal provisions. The judicial branch has the power to interpret laws and their constitutionality, making it essential for litigants to present their case in a manner that illustrates how the statute conflicts with established legal principles or protections.

The other options present methods that do not effectively challenge a statute in a legal sense. Simply refusing to abide by a statute does not create a legal challenge and may lead to legal penalties for non-compliance. Enacting a new law that contradicts an existing statute is a legislative action, not a judicial challenge, and it requires a different process for debates and approvals which doesn't necessarily invalidate the previous law until a court ruling is made. Lastly, obtaining a public referendum allows citizens to vote on certain issues but does not involve a judicial review of a statute's constitutionality. Therefore, arguing that a statute is unconstitutional or violates individual rights stands as the most legitimate and recognized means of challenging a law in court.

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By simply refusing to abide by it

By enacting a new law that contradicts it

By obtaining a public referendum

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