Asked by Susana Quintero on Sep 30, 2024
Which of the following is not one of the reasons why federal preemption of a state law generally occurs?
A) There is a literal conflict between the state and federal measures,so that it is impossible to follow both simultaneously.
B) The federal law specifically states that it will preempt state regulation in certain areas.
C) The federal law was enacted before the state law.
D) The federal regulation is persuasive.
Federal Preemption
A legal doctrine allowing federal law to take precedence over conflicting state laws.
Literal Conflict
A situation where two or more laws, provisions, or legal texts directly contradict each other, making it impossible to comply with both simultaneously.
Persuasive Regulation
Regulations or guidelines that aim to influence behavior or decisions without imposing mandatory legal obligations.
- Acquire knowledge about the essentials of commerce regulation and the repercussions on legislation concerning interstate commerce.
Learning Objectives
- Acquire knowledge about the essentials of commerce regulation and the repercussions on legislation concerning interstate commerce.
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