...properly give the service of process to the right person. Case 3.6 – Summary Judgment Should the court grant Pathmark’s motion for summary judgment? No I don’t think Pathmark established proper grounds for summary judgment. They are questioning the deposition of Toote, in the part where she stated she did not know how long the boxes were stacked there. How long the boxes being stacked is not the issue, it’s more an issue of negligence on Pathmark’s part because the boxes should not be laying around where people are walking. The court, due to not enough grounds of evidence, should not grant Pathmark requesting a summary judgment. Case 4.1 – Supremacy Clause Does the Massachusetts anti-Myanmar statue violate the Supremacy Clause of the U.S. Constitution? Under the Supremacy Clause, this anti-Myanmar act does violate the U.S., because it is going against the “supreme law of the land.” When Massachusetts set forward this, it went against the federal statute, making the state preempted by the federal statute. The states of the US don’t have to right to regulate commerce, only the federal government does. Case 4.2 – Establishment Clause Does the display of the Ten Commandments in the countries’ courthouses violate the Establishment Clause? No, the county courthouses displaying the Ten Commandments does not violate the Establishment Clause because they are not affiliated with Congress, and the Establishment Clause is directed only toward...
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...government from becoming too powerful. 4. Supremacy clause: the clause of the U.S. constitution which establishes that the U.S. constitution and federal treaties, laws, and regulations which trumps all other laws here in the U.S. 5. Preemption doctrine: the concept that federal law takes superiority over state and local law. 6. Commerce clause: A clause of the U.S. constitution that grants Congress the power to regulate commerce with foreign nations, and among states, and with Indian tribes. 7. Interstate commerce: commerce that moves between states or that effects commerce between states. 8. Police power: power that permits states and local governments to create laws that protect or promote the public health, safety, morals, and welfare. 9. Unduly burden interstate commerce: a system which says that states may create laws that protects or promote the public health, safety, morals, and general welfare, as long as the laws don’t burden the interstate commerce. 10. Bill of Rights: The first 10 amendments to the constitution, which were added to the U.S. constitution in 1791. 11. Establishment Clause: a clause to the first amendment that prevents the government from either establishing a state religion or favoring one religion over another. 12. Free Exercise Clause: a clause to the first amendment that prevents the government from interfering with the free exercise of religion. 13. Privileges and Immunities Clause: a clause that prohibits states from making laws that...
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...State of Confusion the U.S. District Court should have jurisdiction over the suit. The case involving the State of Confusion that imposed a statute that required all trucks and towing trailers that delivery through the state to install a B-type hitch only manufactured by a company operating in the State of Confusion. This statute conflicts with the Commerce Clause that regulates interstate commerce thus should be heard in the appropriate U.S. District Court. U.S. District Courts hear cases involving federal questions, and because the statute interferes with the activities that affect interstate commerce federally regulate 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 considered unconstitutional. The Commerce Clause of the U.S. Constitution grants Congress the power to regulate commerce with foreign nations, and among the several states, and with Indian tribes. The Commerce Clause also gives the federal government the authority to regulate interstate commerce. This clause also allows the federal government to regulate activities that affect interstate commerce. Because 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 that makes...
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... 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...
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...Constitution? The next question regards the definitions and limitations of “interstate commerce” and “intrastate commerce.” Does congress have the power to regulate “interstate commerce” and/or “intrastate commerce?” If so, where is this power granted in the Constitution and should it be read narrowly or is there room to stretch the powers granted to congress? There is also a question of the applicability of the Supremacy Clause to the matter. Does the federal license Gibbons obtained via the federal government trump New York’s state steamship regulations? In context of the constitution, does the federal law in this case override the state laws? The final question addressed is the precedent of exclusivity. Does the standard set by the federal government regarding the taxation and licensing supersede the regulations passed by the state legislature? In summary, we hold that he Coasting Act is Constitutional under the definition of interstate commerce and implied powers under the necessary and proper clause. Since the act itself is upheld as Constitutional, the Supremacy Clause of the Constitution holds that federal laws must necessarily supercede any and all state legislation. Finally, this Court holds that the power to regulate interstate commerce must be exclusive to the federal government and not shared between the states. ...
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...Supremacy Clause The case of Manufacturers Association v. South Coast Air Quality Management District involves the Clean Air Act, which implements national air pollution standards for fleet vehicles, such as trucks, taxicabs, and buses. In the same manner, the South Coast Air Quality Management District implements its own pollution standards for Los Angele, California. A political entity of California, South Coast implements fleet rules that prohibit the lease or purchase by private and public lease operators of vehicles that do not meet its pollution standards. However, their standards are stricter than those imposed by the federal Clean Air Act. In this regard, although the U.S. District Court and the U.S. Court of Appeals upheld the fleet rules imposed by South Coast, an appeal to the...
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...both personal and professional. In business, laws are designed to regulate activity at the local, state and federal levels. In case of Cipollone v. Liggett there is discussion of statute and enactment of laws. This case is based on a suit that Cipollone took against the cigarette manufactures, Liggett for the death of his mother. The study states that “Congress chose specifically to regulate a certain type of advertising (tobacco), federal law is supreme to any state law that attempts to regulate that same category of advertising.” (Melvin, 2011, p. 33) The Constitution is broke down into sections and divisions called clauses. There are three main clauses: Commerce clause, the faith and credit clause and the supremacy clause. The commerce clause grants congress the power to regulate trade within nations, states and Indian tribes. The full faith and credit clause mandates each state respect and enforce the judgments, statutes and case law of other states. The...
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...State of Confusion BUS 415 Tanya Trucker, owner of a trucking company in the state of Denial, plans to file suit against the State of Confusion to challenge the State’s new statute requiring all trucks and towing trailers that use their highways to use a B-type truck hitch produced only in Confusion. Although Tanya’s business is located in Denial, she must use Confusion’s highways to conduct business. Tanya must incur additional business costs to comply with Confusion’s statute so her trucks can continue driving through the state. Because the federal government has not made any attempt to regulate the truck hitches used on the nation’s highways, Tanya feels that the statute is a violation of the federal commerce clause, and hopes to have the statute overturned. What Court has Jurisdiction? The specific components of a case aid in determining the jurisdiction over a suit. For Tanya Trucker’s case, she may file in either a state or federal court as they both have jurisdiction. However, it would be pointless for Tanya to file suit in the State of Confusion where the trailer hitches are produced, sold, and required for transport. This could cause court bias, as Tanya’s company is located in another state. Diversity of citizenship jurisdiction allows a state case to be brought to a federal court if the lawsuit involves citizens from different states and involves a nonfederal question. The federal court must apply the appropriate state’s law in deciding the case, and the...
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...state law, no marriage license could be issued between a "white" person and a "negro" person. Petitioners contend that the statutes in question are unconstitutional on the grounds that they prohibit the free exercise of their religion and deny to them the right to participate fully in the sacraments of that religion. They are members of the Roman Catholic Church. They maintain that since the church has no rule forbidding marriages between Negroes and Caucasians, they are entitled to receive the sacrament of matrimony. The case went all the way to the California Supreme Court and the couple was able to successfully overturn California’s miscegenation laws. The California Supreme Court in Perez v. Sharp (1948) 32 C.2d 711, 198 P.2d 17, 8 Summary (10th), Constitutional Law, §747, characterized...
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...There are several systems of governments in the world today. Examples include Federalism, Monarchy and Democratic. Federalism is a form of command where two or more governments share authority over the same territory. In this system, the autonomy to carry out any state directive is given to State governments. In addition, there are other functions, which have to be made in relation to the regulations of the reigning regime. The constitution stipulates all the services done by central government and the roles conducted by the state government. The state authority had the mandate of controlling roads, sanitation and education duties. The Central government, on the other hand, contains its power, which includes standard defence and the supremacy clause. Federalism has undergone changes and its part of the American history. The role of national and state governments has also evolved over time. Furthermore, the federal government has been given more mandates in the 21th century. Dual federalism emerged after the Americans got their independence from British rule at the end of World War 2. The Constitution was created, and it provided for two types of government in the United States. The national government had powers to handle issues related to national security, foreign policy, and promoting commerce. State government, on the other hand, dealt with local matters, which include economic regulation system and criminal law within its areas of jurisdiction. This type of federalism...
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...Confusion because of their statute requiring all trucks and towing trailers to use a specific manufactures truck hitch when using their highways in Confusion. Tanya is filing this suit because it affects her business, and the additional expenses it would incur. The court that would have jurisdiction over Tanya’s case would be the federal court. A case may be brought in federal court if there is diversity of citizenship (Cheeseman, 2010). The reason for providing diversity of citizenship jurisdiction to federal courts was to prevent state court bias against nonresidents (Cheeseman, 2010). Constitutional or Unconstitutional The interstate commerce is a commerce that moves between states or that affects commerce between states. The Commerce Clause grants the...
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...Unit 2 Readings Key Terms * Federalist Papers * John Locke * Authoritarianism * The Two Treatises Of Government * The Social Contract Theory * Thomas Hobbes * Nominalism * Materialism * Method Reading Summary or Overview The Federalist Papers were written and published in New York state newspapers between 1787 and 1788. Its purpose was to convince New Yorkers to ratify the proposed Constitution. The authors of The Federalist or The Federalist Papers were among the "founding fathers" of the United States of America. This term is used to refer to the men whose actions were responsible for creating the United States of America and the United States Constitution. View this introductory presentation on the authors of The Federalist Papers. Then, read the internet resources on The Federalist Papers. Internet Resources KAPLAN LIBRARY The "KU Online Library" link is on the left Navigation area of your course Home Page once you log in. You will be able to locate the articles below by placing the title of the article into the search engine. For any Supreme Court cases or other legal cases, once you go into the Kaplan Library, on the right side of the page you will see “databases.” Once in “databases” scroll down to “Westlaw Campus Research” and there you will be able to access the full text of court opinions, statutes, and regulations from state and federal governments. The Federalist Papers Jay, J., Goldman, L., Hamilton, A., & Madison,...
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...Week One Student Guide This week introduces you to the fundamental principles of the legal system, the importance of our Constitution, and an analysis of the court system. The readings in this area cover the concepts that define law and the thoughts that help shape jurisprudence along with its history. The Federal Court, Supreme Court, and the jurisdiction of the courts are also covered. Constitutional law is covered from the perspective of business. This week also provides an introduction to the various forms of business. Small businesses, entrepreneurs, and general partnerships are explored. You discuss how a corporation is formed and how it can be financed. Finally, you study limited liability companies and limited partnerships, as well as franchises and special forms of business. This week further introduces you to the concept of alternative dispute resolution as a method for resolving disputes outside traditional litigation. After first looking at the litigation process, you are then introduced to arbitration, negotiation, mediation, conciliation, minitrial, fact-finding, and the use of a judicial referee. The Legal System and the Legal Forms of Business OBJECTIVE: Explain the major components of the legal system. Resources: Ch. 1, 2, & 4 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues Content • Ch. 1: Legal Heritage and the Information Age o Introduction to Legal Heritage and the Information...
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...Confusion Wendy Haugen BUS 415 Douglas Edmunds Tanya Trucker’s lawsuit versus the State of Confusion conveys a paradigm concurrent with the course book regarding Interstate Commerce. Commercial traffic within the states, considered Interstate commerce, will affect commerce between states. The Commerce Clause allows the federal government to regulate the interstate commerce. The statute enacted by the state of Confusion requires all towing trailers and trucks that drive through the state of Confusion to use a B-type truck hitch. Tanya Trucker, a resident of the state of Denial is livid, incandescent with fury, yet she controls herself as she contacts a known law firm, which specializes in this field of commercial law. In a genteel fashion, she has expressed her extreme displeasure in the situation with her attorney, pointing out the additional expense this statute imposes on her business. She intends to file suit against Confusion to overturn the statute. Tanya Truckers lawsuit will occur in the jurisdiction of the Federal District court. Her Attorney and his colleagues research their sources, discovering the statute is void as it violates the supremacy clause; No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another. “Federal jurisdiction based on diversity of citizenship requires complete diversity...
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...Federalism Chapter Summary I. Defining Federalism (66-70) A. What Is Federalism? Federalism is a way of organizing a nation so that two or more levels of government have formal authority over the same area and people. Power is shared between units of government. Most governments in the world, like Great Britain, are unitary governments, in which all power resides in the central government. The American states are unitary governments with respect to their local governments. A confederation is a governmental structure in which the national government is weak and most power is in the hands of its components, or states. The term intergovernmental relations refers to the interactions among national, state, and local governments. B. Why Is Federalism So Important? Federalism decentralizes our politics in many ways. For example, senators are elected to represent their state, not the nation. With more levels of government, more opportunities exist for political participation. Judicial power also is enhanced by federalism. Federalism also decentralizes our policies. The history of federalism demonstrates the tension between the states and the national government over who should control policy. The overlapping powers of the two levels of government mean that most debates over policy become debates over federalism. States are responsible for most public policies dealing with social, family, and moral issues. These become national issues when brought to the national government...
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