Law Exam Week Four

Feb 3rd, 2012
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A key factor in a court's ruling in a case of field preemption is: If a state law discriminates against out-of-state businesses, the: The Supremacy Clause

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Question 1 1. A key factor in a court's ruling in a case of field preemption is:Answer the exact language used in the law.Congress' intent in enacting the law.the facts of the particular case.the amount of money involved.4 points Question 2 1. If a state law discriminates against out-of-state businesses, the:Answer state is engaged in regulating dormant commerce.law is probably unconstitutional.law will have to be reviewed and approved by Congress.state will probably be fined by the Interstate Commerce Commission.4 points Question 3 1. The Supremacy Clause:Answer makes it clear that the US Constitution and the laws enacted under the Constitution are supreme.provides that only the original Constitution and not its amendments are supreme.does not resolve whether federal or state laws are supreme.has been determined to be unconstitutional.4 points Question 4 1. An ex post facto law is:Answer one that involves the mail.a state law that conflicts with a federal law.a law that requires presidential approval.a law that applies retroactively.4 points Question 5 1. Express preemption means:Answer the US Constitution expressly provides that federal law preempts state law.the US Constitution expressly provides that the Constitution preempts all laws.that a federal law expressly says that it preempts state law.that a federal law expressly says that it preempts the Constitution.4 points

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