...State of Confusion Jacquie Brown BUS415 September 19, 2011 Rosalie Drawbaugh State of Confusion Paper This is a case between Tanya Trucker in the State of Denial and the B-Type truck manufacturer in the State of Confusion. The case involves Tanya’s dislike of the statute set forth in Confusion that requires anyone wishing to drive through Confusion to be required to install a B-Type hitch. Since the hitch is manufactured by only one supplier in Confusion, every truck that needs to drive through Confusion must first stop at this supplier to purchase a hitch or endure the added expense and drive around the State of Confusion. Tanya Trucker, who owns a trucking company in the State of Denial, is opposed to this statute and plans to sue in order to have the statute overturned. Because the government has no laws regulating the use of the truck hitches on the nation’s highways, it is legal for the State of Confusion to impose their statute as such. * What court will have jurisdiction over Tanya’s suit? Why? * Tanya can bring her case before a Federal Court. Because of the Diversity of Citizenship law, citizens of different states or citizens of a state and those of a foreign country, the case can be brought in Federal Court. Diversity of citizenship cases are used to maintain lawsuits that involve a nonfederal question (Cheeseman, 2010)...
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...State of Confusion The state of Confusion has the constitutional right to regulate different aspects of safety requirements. One statute that has come under scrutiny is the requirement of all trucks and towing trailers to use B-type truck hitches if that truck is to enter the state. One such company is based in a different state is challenging the statute as unconstitutional. The United States District Court of the state of Confusion will have jurisdiction because this is where the statute is being enforced. Within the United States, each state has the authority to make and enforce laws provided the laws do not countermand the federal laws. Each state can interpret federal laws to best protect the citizens of the state. The federal government has not regulated the truck hitches that are currently used. The state of Confusion has the authority to regulate. With Tanya Trucker’s company headquarters located in the state of Denial, she can request the suit be brought to the federal courts. The federal courts would have jurisdiction as well because of the diversity of citizenship. The cost of the b-train hitch potentially becomes prohibitive as any truck that uses the hitch stays that way. “B-Trains are usually special purpose machines that remain together as a pair” (University of New Brunswick, n.d.). A used b-train truck can sell for $89,000 (Discover Automobiles, 2008). By bringing the case to the federal court, a state court bias can be avoided as well. Since it...
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...State of Confusion Scenario: The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statute is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nation’s highways. (University of Phoenix, 2010) Tanya Trucker intends to file suit against the state of Confusion because of the enacted statute that requires all trucks and towing trailers to use the specific truck hitch while in Confusion. Tanya will file a civil case against the state of Confusion, as this statute adversely affects Tanya’s business profits. Tanya hopes to overturn the statute in this suit against the state. Overturning this statute will allow Tanya’s business and other truck and trailer businesses to eliminate this extra expense. We will examine the list of stages in a civil suit, to determine which court has jurisdiction, and explore whether or not the Confusion statute is constitutional. To begin the stages of a civil case, Tanya must find an attorney who can represent her, then gather the finances to pay the attorney’s fees. With the help of an attorney, Tanya will be able to take the first step of the civil suit. Below is a list of the seven stages of a civil case and a brief...
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...State of Confusion Paper State of Confusion Paper The state of Confusion requires B-type truck hitches to be used by towing trailers and trucks on its highways. According to the statute, truckers who drive through Confusion must stop and have the b-type hitch installed, or drive around the state altogether (University of Phoenix, 2009). Tanya trucker, owner of a trucking company in the state of Denial, is unhappy with this requirement because the hitch is produced solely in Confusion and because of the additional expense her business acquires because of the statute. Tanya plans to file suit to overturn Confusion’s statute and should review certain aspects of the situation that can add validity to her suit. She must determine what court will have jurisdiction over her suit and if Confusion’s statute is constitutional based on legal reasoning (University of Phoenix, 2009). Tanya should also determine which provisions of the United States Constitution will influence the validity of the statute. After the preceding information is reviewed, an illustration of the stages involved in a civil suit will aid Tanya in making a decision on filing suit against the state of Confusion (University of Phoenix, 2009). Jurisdiction of Suit Tanya Trucker’s suit would involve both the state of Confusion and the state of Denial, which brings about the question of jurisdiction. Confusion would be the defendant and Denial would be represented by Tanya’s trucking company. In instances such as this...
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...In this scenario, the state of Confusion passed a law that requires all trucks and towing trailers that use Confusion highways to use a B-type truck hitch. The hitch is made by one company in Confusion, and any trucker who wants to drive through the state of Confusion has to stop and have the B-type hitch installed or they would have to drive around Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nation’s highways. Tanya Trucker, who trucking company contends that the additional expense this statute imposes on her business is unnecessary and frivolous. She intends to file suit against Confusion to overturn the statute. * Before Tanya files her law suit she needs some questions answered, such as which court will have jurisdiction over this case, is the statue constitutional, what provisions of the U.S. Constitution will be applied by the courts to determine the statue’s validity, and finally the steps to filing a civil suit. I believe Tanya should file suit in Federal court to challenge the constitutionality of this law. She should file suit in the federal court in the state of Confusion since they would have the most knowledge of the reasoning and understand the subject matter the most. I do not believe this statute is constitutional. The Commerce Clause protects intra-state trade and this law would affect the free flow of trade among the states. * Since Tanya’s company is from the State of Denial where no such law...
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...State of Confusion BUS415 State of Confusion Paper Jurisdiction The jurisdiction that holds the suit Tanya wishes to file would be the Federal District Court. The statute appointed by Confusion ordering all trucks and trailers to use the [pic]B-type hitch is a matter of interstate commerce. Tanya will be able to file a suite in her own state of Denial over the state law in Confusion because this matter will lie in federal courts. Is the Confusion statute constitutional? Discuss The federal government has not regulated[pic] what kind [pic]of[pic] hitch a truck or trailer should be used on the roads of the US. If the federal government has not regulated trailer hitches, a state cannot regulate within their own state, as that regulation would encompass the entire country. The state of Confusion also has a very obvious monopoly in place as the B-type hitches are not only manufactured within Confusion, but they can also only be purchased in Confusion. If the federal government were to accept this statute they would also be allowing a monopoly to continue. The Confusion statute is not constitutional because not only does the law affect in state trucks but also out of state trucks, the law imposed can cause hardships on some trucking companies that affect the free flow of trading [pic]in the state of Confusion. The[pic] provisions that the [pic]federal government[pic] will use by the [pic]court to determine the statute’s validity is to[pic] enact safety...
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