Intro to Paralegal Studies Practice

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What legal concept ensures that federal law takes precedence over state law?

Concurrent legislation
Judicial Review
Preemption
Statutory limitation

The correct answer is: Preemption

The concept that ensures federal law takes precedence over state law is known as preemption. This principle arises from the Supremacy Clause of the U.S. Constitution, which states that the Constitution and federal laws made pursuant to it take precedence over conflicting state laws. This means that when there is a direct conflict between federal and state legislation, federal law will be enforced. For instance, if Congress passes a law regulating commerce that a state law contradicts, the federal law will prevail due to preemption. This helps to maintain a uniform legal framework across the entire country, preventing states from creating conflicting laws that could disrupt the enforcement of federal statutes. The other concepts mentioned do not address the relationship between federal and state laws in the same way. Concurrent legislation refers to areas where both federal and state laws can coexist. Judicial review is the power of courts to assess whether a law is in compliance with the Constitution. Statutory limitation generally pertains to the maximum time period allowed for bringing a legal action, rather than the hierarchy of laws.