Answer to Question 1
The steps a paralegal would take to determine whether federal law preempts a state's regulation include the following:
Read through the statute to see if it expressly states that Congress intended to preempt the relevant field.
Look for indications that Congress has impliedly occupied the field: Is the federal regulatory scheme pervasive? Is federal occupation of the field necessitated by the need for national uniformity? Is there a danger of conflict between state laws and the administration of the federal program?
Locate and read cases discussing the issue of federal preemption in this area. Brief any cases that appear to be relevant to this issue.
Answer to Question 2
The steps a paralegal would take to analyze a case for specific performance include the following:
Gather the facts involved in the problem.
Determine whether unique or rare articles are involved.
Find out what type of remedy the client wants.
Determine whether an adequate legal remedy, such as money damages, will compensate the client.
Apply the law to the client's facts to reach a conclusion regarding the appropriate remedy.
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