Question

The idea that judges should give deference to the decisions of elected lawmakers is called:_________

a) precedent ruling.
b) judicial restraint.
c) stare decisis.
d) extralegal decision making.
e) statutory extrapolation.

Answer 1

Letter B is the correct answer.

A judicial restraint is a procedural or substantive approach that encourages judges to limit their own power. This restraint makes judges to base their decisions on the stare decisis concept and to hesitate to strike down laws (unless they are clearly unconstitutional), in order to honor previous decisions.