#1
What is preemption in the context of United States law?
The principle that federal law takes precedence over state law when they conflict
ExplanationFederal law prevails over state law in case of conflict.
#2
Which clause of the United States Constitution provides the legal basis for preemption?
Supremacy Clause
ExplanationSupremacy Clause establishes federal law supremacy.
#3
What is the primary rationale behind the doctrine of preemption?
To assert federal supremacy over state law
ExplanationPreemption is grounded in establishing federal supremacy.
#4
What is the term used to describe a situation where state law conflicts with federal law?
Conflict preemption
ExplanationConflict preemption describes conflicts between state and federal laws.
#5
Which of the following is NOT a basis for federal preemption?
Tenth Amendment
ExplanationThe Tenth Amendment is not a basis for federal preemption.
#6
Which branch of the U.S. government has the authority to interpret federal laws and resolve conflicts between federal and state laws?
Judicial Branch
ExplanationThe Judicial Branch interprets federal laws and resolves conflicts with state laws.
#7
In what year was the Supremacy Clause included in the United States Constitution?
1791
ExplanationThe Supremacy Clause was included in the U.S. Constitution in 1791.
#8
Under what circumstances can state law be upheld over federal law?
When state law addresses an issue not covered by federal law
ExplanationState law prevails if federal law does not cover the issue.
#9
What is the doctrine of implied preemption?
It occurs when federal law is silent but indicates an intent to occupy the field
ExplanationImplied preemption happens when federal law is silent but suggests intent to regulate.
#10
What is the difference between express preemption and field preemption?
Express preemption occurs when federal law explicitly states that it preempts state law, while field preemption occurs when federal law occupies the entire field of regulation, leaving no room for state law.
ExplanationExpress preemption is explicit, while field preemption leaves no room for state regulation.
#11
Which of the following is an example of conflict preemption?
A state law prohibits the sale of alcohol to minors, while federal law allows it.
ExplanationConflict preemption is illustrated when state and federal laws contradict.
#12
Which federal agency is primarily responsible for determining preemption issues?
Supreme Court of the United States
ExplanationThe Supreme Court is the primary authority for preemption decisions.
#13
Which of the following is an example of field preemption?
A state law banning the use of certain pesticides, while federal law allows them
ExplanationField preemption occurs when federal law prohibits state regulation in a specific area.
#14
What role does the Supremacy Clause play in preemption?
It mandates that federal law takes precedence over state law when they conflict
ExplanationSupremacy Clause mandates federal law precedence in conflicts.
#15
Which landmark case established the principle of conflict preemption?
McCulloch v. Maryland
ExplanationMcCulloch v. Maryland set the precedent for conflict preemption.
#16
What is the doctrine of obstacle preemption?
It occurs when state law hinders the accomplishment and execution of the full purposes and objectives of Congress.
ExplanationObstacle preemption happens when state law obstructs Congress's objectives.
#17
In what scenario might Congress intentionally choose not to preempt state law?
When federal law is silent on the matter and Congress intends for both federal and state laws to coexist
ExplanationNon-preemption occurs when Congress wants federal and state laws to coexist.
#18
Which of the following is NOT a type of preemption recognized in United States law?
Imaginary preemption
ExplanationImaginary preemption is not a recognized type in U.S. law.
#19
Under what circumstances might state law be invalidated due to preemption?
When it conflicts with the objectives or purpose of federal law
ExplanationState law can be invalidated if it conflicts with federal objectives.
#20
What principle did the U.S. Supreme Court establish in the case of Arizona v. United States (2012)?
Principle of conflict preemption
ExplanationArizona v. United States established the principle of conflict preemption.
#21
What is the term for the situation where both federal and state laws apply to a particular matter, but federal law is supreme in case of conflict?
Concurrent preemption
ExplanationConcurrent preemption allows both federal and state laws, with federal law prevailing in conflicts.