SOLUTIONS
Which of the following is a true statement about what happens when a valid state law conflicts with a valid federal law?
The state law governs over the federal law under the Tenth Amendment
None of the above
The state law governs over the federal law under Article I
The federal law governs over the state law under the First Amendment
The federal law governs over the state law under the Supremacy Clause
Answer
- The federal law governs over the state law under the Supremacy Clause
Explanation:
What a valid state law conflicts with a valid federal law, this is called conflict preemption. This makes it impossible to comply with both at the same time. When this happens, the supremacy clause within Article VI of the constitution dictates that the federal law is the supreme law of the land. A conflict between state law and federal law is solved by supremacy clause requiring the state judges to follow constitution, laws and treaties of the federal government. In preemption doctrine, federal law preempts state law even when such conflicts occur.
Question:
The following is the order in which testimony is presented at trial.
Select one:
- Direct examination by the defendant's attorney, then redirect examination by the plaintiff's attorney
- Direct examination by the defendant's attorney, redirect examination by the plaintiff's attorney, then cross-examination by the defendant's attorney
- Direct examination by the plaintiff's attorney, cross-examination by the defendant's attorney, then redirect examination by the plaintiff's attorney
- Direct examination by the defendant's attorney, cross-examination by the plaintiff's attorney, then reexamination by the defendant's attorney
Answer
- c. Direct examination by the plaintiff's attorney, cross-examination by the defendant's attorney, then redirect examination by the plaintiff's attorney
Explanation:
In the third stage of the trial, plaintiff's attorney begins by direct examining the witnesses, followed by cross-examination by the defendant's attorney and step three is redirect examination by the plaintiff's attorney.
A trial goes through 9 stages. It begins with selection of jury, then opening statements beginning with the plaintiff's attorney and then by defendant's attorney. The third stage is presentation of evidence and witnesses of plaintiff's attorney which involves direct examination, cross-examination, redirect examination, re-cross examination and redirect examination. The fourth stage is presentation of evidence of defendant's attorney. Fifth stage is motion for a directed verdict, then closing arguments which follows the order; plaintiff's attorney - defendant's attorney - and lastly rebuttal by plaintiff's attorney. Seventh stage is judge's instructions, jury deliberations and lastly announcement of the jury verdict.
Reference: Managers and the Legal Environment: Strategies for the 21st Century, By Constance E. Bagley page 66
