Crucial Exams

Multistate Bar Examination Practice Question

Congress enacts the 'Federal Appliance Safety Act,' which establishes minimum safety standards for electrical appliances sold in interstate commerce. The Act includes a 'savings clause' stating: 'Compliance with this Act shall not relieve any person from liability under common law or state statutory law.' A state subsequently passes a law imposing stricter safety standards than those in the federal Act. A manufacturer, in full compliance with the federal Act, challenges the state law, arguing it is preempted. How are the courts most likely to rule?

  • The state law is preempted because the federal Act's comprehensive nature implies Congress intended to occupy the field of appliance safety.

  • The state law is not preempted because the Tenth Amendment reserves the regulation of health and safety exclusively to the states.

  • The state law is preempted because it creates a conflict with the federal Act by making national uniformity impossible.

  • The state law is not preempted due to the federal Act's savings clause, which indicates Congress's intent to preserve stricter state regulations.

Multistate Bar Examination
Constitutional Law
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