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In recent years there has been much publicity regarding juries approving excessively high multi- million dollar damage awards in personal injury actions. As a result, Congress enacted a statute that limited recovery in personal injury actions filed in state court(s) to 400,000,andpunitiveactionrecoverytoamaximumof400,000, and punitive action recovery to a maximum of 750,000. A man was injured in an automobile accident when a car driven by a woman drove through a red light and struck his vehicle. The man was paralyzed from the accident and became a paraplegic. The man brought a personal injury action against the woman in state court. The jury returned a verdict on the man's behalf and awarded him $1,000,000 in damages. After the jury verdict, the woman filed an appeal challenging the amount of the award, claiming that it was excessive and violated the federal guidelines set forth in the statute. The man has filed suit challenging the constitutionality of the statute. The statute should be ruled
Plain-text mathematical notation (without MathML)
In recent years there has been much publicity regarding juries approving excessively high multi- million dollar damage awards in personal injury actions. As a result, Congress enacted a statute that limited recovery in personal injury actions filed in state court(s) to 400,000,andpunitiveactionrecoverytoamaximumof750,000. A man was injured in an automobile accident when a car driven by a woman drove through a red light and struck his vehicle. The man was paralyzed from the accident and became a paraplegic. The man brought a personal injury action against the woman in state court. The jury returned a verdict on the man's behalf and awarded him $1,000,000 in damages. After the jury verdict, the woman filed an appeal challenging the amount of the award, claiming that it was excessive and violated the federal guidelines set forth in the statute. The man has filed suit challenging the constitutionality of the statute. The statute should be ruled
Original LaTeX notation
In recent years there has been much publicity regarding juries approving excessively high multi- million dollar damage awards in personal injury actions. As a result, Congress enacted a statute that limited recovery in personal injury actions filed in state court(s) to $400,000, and punitive action recovery to a maximum of $750,000. A man was injured in an automobile accident when a car driven by a woman drove through a red light and struck his vehicle. The man was paralyzed from the accident and became a paraplegic. The man brought a personal injury action against the woman in state court. The jury returned a verdict on the man's behalf and awarded him $1,000,000 in damages. After the jury verdict, the woman filed an appeal challenging the amount of the award, claiming that it was excessive and violated the federal guidelines set forth in the statute. The man has filed suit challenging the constitutionality of the statute. The statute should be ruled

choices

  1. unconstitutional, because Congress cannot enact legislation involving local matters, such as automobile accidents, unless it involves interstate commerce.
  2. unconstitutional, because a limitation on damage awards in tort actions would violate the equal protection clause of the Fourteenth Amendment as applicable to the states by operation of the Fifth Amendment.
  3. constitutional, because under Article III, Congress has plenary power to regulate the jurisdiction and scope ofjudicial review of federal and lower state courts.
  4. constitutional, because under the supremacy clause, when there is a conflict between federal law and state law, the federal law preempts and takes precedence over the conflicting state law.

subject

professional_law

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