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Author Question: Assume that a state and the federal government hold concurrent jurisdiction over an issue and ... (Read 37 times)

kaid0807

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Assume that a state and the federal government hold concurrent jurisdiction over an issue and furthermore, both have enacted statutes to regulate the subject. However, the state statute is contrary to the federal law. The state law is:
 
  A) valid.
  B) invalid as preempted by the federal law under the Supremacy Clause.
  C) invalid as preempted by the Necessary and Proper Clause.
  D) invalid as violating the dormant Commerce Clause.

Question 2

In determining whether a duty of care is owed to an unforeseeable plaintiff
 
  a. courts use the zone of danger test.
  b. courts use the world at large test.
  c. court use either the zone of danger test or the world at large test, depending on the jurisdiction.
  d. courts rule no duty of care is owed because the plaintiff is not foreseeable.



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Jayson

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Answer to Question 1

B

Answer to Question 2

c




Jayson

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