State of Confusion Paper
Melissa Sledge
BUS/415
May 6th, 2012
Professor Rachel DeAngelo

State of Confusion Paper

The State of Confusion enacted a statute requiring all trucks and towing trailers that use it highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statue 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. Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statue imposes on her business. She intends to file suit against Confusion to overturn the statue. In filing this suit she hopes that it will not only help her but many other trucking companies with the same problem.
Jurisdictional Court The jurisdictional court that will oversee Tanya Trucker’s lawsuit will be the federal jurisdiction. The Lectric Law Library states that, “The federal courts also may decide cases for which state courts are inappropriate or might be suspected of partiality. Thus, the federal courts may decide in the language of the Constitution, controversies between two or more states and between a State and Citizen of another State, (Lectric Law Library, 2012). Even though this is concerning a state statue the federal jurisdiction will still be able to have the power to decide its validity.
Confusion Statute Constitutional Within the Article III, Section 2 of the United States Constitution, the lawsuit will concern a “case of different opinions or controversy.” Even though many states will have the power to put forth their own statues, many of these statutes will leave a cause for concern, and this will allow them to be viewed by a higher authority or a higher court. Within the state of Confusion, they may be using a simpler term, wherein the trucks have to drive through their B-type hitch to be produced on every truck their added income. Which are states that the Confusion statute is unconstitutional in every way?
What Provisions of the U. S. Constitution will be Applied Within Article 1, Section 8, Clause 3, of the Constitution it empowers Congress “to regulate the Commerce Clause foreign Nations, and among several states, and with the Indian Tribes.” The Commerce Clause determines whether a feral statue is constitutional, and incorporated them into a new standard that will specify three categories of activity that Congress may regulate under the clause: 1.) The channels of interstate commerce, 2.) person’s or things of interstate commerce or instrumentalities of interstate commerce, 3.) Activities that can have “a substantial impact in relation to interstate commerce.” For example, the opinions that are importantly affecting the interstate commerce. This will be of help to the courts in determining whether or not the statues that have been set in motion by the state of Confusion are of validity, (The Free Dictionary, 2012).
Is Tanya likely to prevail on this suit? Tanya is most likely to prevail on her suit in regards to the state of Confusion. Due to the fact that the state of Confusion is mandating that all trucks use the B-type hitch, which will require that all trucks purchase this hitch in order to drive through the state of Confusion. Fortunately for Tanya this is not a requirement in any other state that their trucks will be passing through. If the state of Confusion was mandating this hitch to help keep their roadways and bridges intact, or to even make sure that the citizens are that are also on their highways then no doubt Tanya would be defeated in the suit. The state of Confusion is doing this mandate to generate more revenue within their state for the sole purpose that all the trucks have no choice but to go through their state.
Stages of a Civil Suit There are seven stages to a Civil Suit. The first is to start the case by filing the initial papers. The legal papers that will be filed at the very beginning of a court case are called “pleadings.” The first pleading that needs to be filed with the court is known as the Compliant/or Petition. This first document will provide an outline of the plaintiff’s case against the defendant. The Complaint is a document that identifies the parties involved, sets out the legal basis for the court’s jurisdiction over the controversy, states the plaintiff’s legal claims, and relates the facts giving rise to the claims, (Find Law, 2012). The next step is the order from the court where the lawsuit will be heard or “litigated”, and this is called the Summons. This notifies the recipient (the “defendant” in the case) that he or she has been sued. The defendant’s response to the Complaint is called the “Answer.” The Answer will address each paragraph in the Complaint, and each response will ordinarily take one of three forms: “admitted,” “denied” or “insufficient” knowledge to admit or deny,” (Find Law, 2012). A Counterclaim can be filed by the defendant if they have their own claim against the plaintiff. This should be raised in the Answer sections titled “Counterclaims.” If a counterclaim is filed by the plaintiff it will be responded by a “Reply.” The Reply will “admit,” “deny,” or assert that the plaintiff lacks information, just as the original Answer does, (Find Law, 2012). If there is more than one party involved in a lawsuit then a Cross-Claim will arise. This is known to have multiple lawsuits within one. The second step within a civil suit is Fact-Finding and Discovery. Since the 1940’s, the Federal court system has required disclosure of all relevant facts and documents to the side prior to trail, and virtually every state has followed its lead. The disclosure is accomplished through a methodical process called “discovery.” Discovery has taken three different forms. The first is the Written Discovery which is Interrogatories and Requests for Admission. Interrogatories are questions that can range from the very broad to the very specific. If a question is asked that is not a fair question your attorney will help you decide what you should object to. Requests for admission as a party to admit or deny certain facts pertaining to the case, and these questions carry penalties for not answering, for answering falsely, or even answering late. The next one is Document Production which states that the party has the right to see most documents that even arguably relate to the case. The third is the Depositions, these are sown statements when a person will answer questions from an attorney, and the court reporter will make a transcript of all that has been said, (Find Law, 2012). The third step is the Resolution before Trial: Court Motions. Pretrial motions can resolve many important questions about the lawsuit. A motion is a request your lawyer files with the court asking for a ruling on a particular matter. If the ruling on the motion could terminate the litigation and end the dispute before the trial, it is called a dispositive motion. If the ruling is on some incidental question that arises during litigation, it is a nondispositive motion, (Find Law, 2012). The fourth step within a civil suit is the Resolution before Trial Settlement/Alternative Dispute Resolution. The majority of legal claims filed in civil court does not reach the trail stage—most are resolved earlier through a negotiated settlement among the parties. An informal settlement can take place before any lawsuit is filed. Through settlement, the plaintiff in a civil case agrees to give up the right to pursue any further legal action in connection with his or her case, in exchange for the payment of an agreed upon sum of money from the defendant (or the defendant’s insurer). In rare cases, instead of paying money the defendant will agree to perform (or cease performing) a certain action, (Find Law, 2012). The fifth step in a civil case is the Trail and Verdict. In a civil trial, a judge or jury examines the evidence to decide whether, by a “preponderance of the evidence,” the defendant should be held legally responsible for the damages alleged by the plaintiff. A trial is the plaintiff’s opportunity to argue his or her case in the hope of obtaining a judgment against the defendant. A complete civil trial typically consists of six main phases, and they are choosing a Jury, Opening statements, Witness Testimony and Cross-Examination, Closing Arguments, Jury Instruction and Jury Deliberation and Verdict, (Find Law, 2012). The six step is After the Judgment and Collecting the Money. Even when you “win” a civil case in court and are awarded money damages, the opposing party may not always simply pay you the amount of the judgment. You may have to take additional steps (and incur additional expenses) to collect the judgment, (Find Law, 2012). The last step in a civil suit is the Appeals. Most decisions of a state and federal trial court are subject to review by an appeals court, including decisions regarding almost all types of civil cases. If the court finds an error that contributed to the trial court’s decision, the appeals will reverse that decision. The lawyers for the parties submit briefs to the court and may be granted oral argument. Once an appeals court has made its decision, the opportunity for further appeals is limited, (Find Law, 2012).
Conclusion
There are many states that use the different statues to monitor or regulate many of their departments such as parks and recreation to railways and roadways. Tonya Trucker took the initiative to file a suit within the Federal Court System against Confusion. To overturn their state that every truck that passes through them must have a B-type hitch, she felt that this was not at all in fairness and it was unconstitutional. She hoped the courts would rule the same. Tanya has seven stages before the Federal Courts will rule on whether the statue is constitutional or not. It is in the hands of the Federal Court for ruling.

References

Find Law. (2012): Retrieved May 5th, 2012 from Stages of a Civil Case http://public.findlaw.com/library/legal-system/civil-cases-stages.html. Lectric Law Library. (2012); Retrieved May 5, 2012, from the Lectric Law Library’s Stacks Understanding the U. S. Federal Courts: http://www.lectlaw.com/files/jud21.htm The Free Dictionary (2012). Retrieved May 5, 2012, From Commerce Clause: http://legaldictionary-the freedictionary.com/commerce-clause-of-the-united-states-constitution.