Which of the Following Statements Is True of Preemption

question 35

Multiple Choice

Which of the following statements is true of preemption?

• A) When the federal government preempts laws in an area, state laws are given preference over the federal law in that area.
• B) If a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional.
• C) Preemption does not apply to federal statutes and rules of federal administrative agencies.
• D) The concept of preemption arises from the contract clause of the Constitution.
• E) Preemption grants the federal government the power to regulate foreign commerce.

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Definitions:

Capacity

The legal ability, competency, or power to enter into a contract.

Legality

The state or quality of being in accordance with the law; adherence to the law.

Simple Contract

A contract that can be either oral or written, as opposed to a formal contract which requires a special form or method of creation.

Informal Contract

An oral or written contract that is not under a seal or is not a contract of record. Also called simple contract.