?Outline the steps a paralegal would take to determine whether federal law preempts a state's regulation.
What will be an ideal response?
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.?
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Initial disclosure eliminates the need for?
A. ?depositions. B. ?summons and complaint. C. ?early interrogatories. D. ?requests for admissions.
If a personal representative’s duties are narrowly defined, the representative may:
a. Have to have professionals in specialty areas assist him or her b. More easily fulfill their responsibilities c. Have to go to court to perform certain duties d. Be more successful
A person with a life estatecannot
A. build onthe property. B. rent theproperty. C. transfer interest in the property. D. sellthe property.
Which of the following is unlikely to have had much effect on the stigma against nonmarital children?
A. Levy v. Louisiana B. UPA C. DOMA D. The increasing number of couples cohabiting