State of Confusion Paper

In: Business and Management

Submitted By sgtdobiesz
Words 935
Pages 4
State of Confusion Paper
University Of Phoenix
Business Laws
BUS/415
August 17, 2011

State of Confusion Paper In the case of Tanya Trucker v. State of Confusion the U.S. District Court should have jurisdiction over the suit. The case involving the State of Confusion which imposed a statute that required all trucks and towing trailers that passed through the state to install a B-type hitch that is only manufactured by a company operating in the State of Confusion. This statute conflicts with the Commerce Clause which regulates interstate commerce thus should be heard in the appropriate U.S. District Court. U.S. District Courts hear cases involving federal questions and being that the statute interferes with the activities that affect interstate commerce that is federally regulated. The Supremacy Clause establishes that the Constitution, treaties, federal laws and federal regulations are the supreme law of the land (Cheeseman, 2010). State laws that conflict with valid federal laws are considered unconstitutional. The U.S. Commerce Clause gives the federal government the authority to regulate interstate commerce. This clause also allows the federal government to regulate activities that affect interstate commerce. Since the trucks would be passing through the State of Confusion it falls under interstate commerce regulation. The statute directly and substantially conflicts with the federal government’s authority to regulate activities that affect interstate commerce which makes the statute that the State of Confusion imposed is unconstitutional. In the case Tanya Trucker v. The State of Confusion, the federal government has not made an attempt to regulate the hitches used on the nation’s highways. The State of Confusion will probably argue that under intrastate commerce they can regulate business activity that occurs within their borders thus imposing…...

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...State of Confusion Paper With the state of Confusion requiring trucks and towing trailers to use a B-type truck hitch on its highways, Confusion the only state that manufactures such a hitch, naturally Tanya is not happy that she must install the hitch or drive around the state. As she determines to file suit against the state of Confusion to overturn the statute, she may find value in reviewing certain points. First, Tanya should determine what court will have jurisdiction over her suit and why. Furthermore, she must determine if the Confusion statute is constitutional, based on legal reasoning. Next, a review of a U.S. Constitutional provision will assist in determining the validity of the statute. Ultimately, these points may show if Tanya is likely to prevail on her suit. Finally, an illustration of the stages of a civil suit can assist in determining if Tanya should continue filing suit against the state of Confusion. Jurisdiction of Suit Because this suit would involve two states, the question of state jurisdiction comes into play. The state of Confusion would be one party in the suit, and Tanya’s business would represent her state of Denial. In such a case, a state’s court may tend to side with its party, and therefore, along with substantial monetary damages Confusion’s statute may create for many individuals, even in the state of Denial alone, the Federal court would have jurisdiction. Constitutionality of Statute Based on the definition of the term......

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...State of Confusion Paper Many regulations are created in this country that limit people in doing certain things. These regulations and laws make this country safe, but it does not only apply to people they also apply to businesses and organizations within society as well. The case of Confusion versus Tanya Trucker scenario involves a trucking company and the state of Confusion. The main problem in this scenario is that the State of Confusion passed a law obligating all trucks and towing trailers that use its highways to use a specific truck hitch. This hitch has to be set up on every truck that wants to drive through Confusion. Any trucker that does not want to buy and set up this hitch has the option to drive around Confusion. Tanya the owner of the trucking company is unhappy about the new law that has been passed. Her trucks pass through Confusion many times, and one of her main beliefs is that this new hitch will become a very high addition to her company budget. Tanya has the alternative of driving around Confusion but the distance of travel is longer, would waste time and more expensive in gas. Tanya does not agree with this law and decides to file a lawsuit against the state of Confusion because the lawsuit is against a state law it will be held in a Federal District Court. In the U.S. Constitution under Article III, Section two states that the federal court has jurisdiction over civil cases between citizens of different states (U.S. Const., article. III, s 2). At...

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