Congress Enacts a Law That Sets Out a Medical-Device Approval

question 32

Multiple Choice

Congress enacts a law that sets out a medical-device approval process for the Food and Drug Administration to follow.The law includes a preemption provision.A device that goes through the process injures Joe,who files a claim under state law to recover.The court will most likely rule that

• A)Joe's state law claim preempts the federal law.
• B)the federal law and state law claim are concurrent.
• C)the federal and state law claim cancel each other out.
• D)the federal law preempts Joe's state law claim.

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Definitions:

Characteristics

Features or qualities that serve to identify, describe, or differentiate an individual, group, or thing.

Domesticated Plants

Plants that have been selectively bred and genetically modified by humans over generations to emphasize or introduce desirable traits.

Continuous Variation

Range of small differences in a trait.

Bell-Shaped Curve

A graphical representation of data that depicts a normal distribution, showing how a variable is spread across a population in a shape that resembles a bell.