State of Confusion Paper This paper will be reviewing the case brought upon the state of Confusion by Tanya Trucker, who owns a trucking company in the state of Denial. The state of Confusion has enacted a statute requiring all trucks and towing trailers who use its highways to use a B-type truck hitch. The problem is that Tanya Trucker would have to purchase these hitches to go through this one state or go around the state of Confusion. What Court will have Jurisdiction of Tanya’s Suit? Tanya Trucker resides in the state of Denial and she is placing suit against the state of Confusion.
Therefore, the federal court will have jurisdiction over this case. Cheeseman (2010) states, “A case may be brought in federal court if there is diversity of citizenship” (p 12). Tanya Trucker could file suit in the federal court for violating the commerce clause of the constitution. “The commerce clause grants the federal government the authority to regulate interstate commerce” (Cheeseman, 2010, p. 73). The interstate commerce has the ability to pass laws that regulate the behaviors of business. Is the Confusion Statue constitutional? The Confusion statue is not constitutional.
The interstate commerce clause shows this in Article I, Section 9. Cheeseman, 2010 states, “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, on state, be obligated to enter, clear, or pay Duties in another” (p 87). This clearly shows that the state of Confusion cannot charge dues, the special hitch, to any other state such as the state of Denial. What provisions of the U. S. Constitution will be applied by a court to determine the statute’s validity?
The federal government has the responsibility to enact safety requirements for vehicles, this includes trucks. Where Tanya Trucker followed all other federally regulated requirements the company should be allowed to travel through the state of Confusion without having to purchase new truck hitches. Therefore the Confusion statute is valid. Is Tanya likely to prevail on her suit? Explain the reasons for your answer. Tanya Trucker is likely to prevail on her suit, because based on the information above, the state of Confusion does not have a right to charge truckers and haulers a fee, to purchase a hitch, in order to travel though the state.
By doing so the state of Confusion is tampering with business imports and exports, which is unhealthy for business economies. Set forth in detail the stages of a civil suit There are seven stages of a civil case. The first stage is getting the paperwork and starting the case. These papers state the grounds for the lawsuit, including any complaints. This stage also includes the serving of the defendant, responses to this, and cross-claims (Findlaw, 2009). The second stage includes fact-finding and discovery. In this stage includes Written Discovery, document production, and dispositions (Findlaw, 2009).
The main point of this stage is to gather as much information as possible about the case. The more information available, the more adequate and fare of a decision the court is able to make. The third stage of a civil case is coming to a civil resolution before the trial (Findlaw, 2009). Through mediation the two parties come to agree on a resolution before the case meets the courtroom. After which, the next step involves taking into consideration an alternative dispute resolution to help come up with some sort of settlement before the case goes to court.
Stage five is the stage when the trial and verdict takes place. “During this stage a judge or jury examines the evidence to decide whether the defendant should be held legally responsible for damages alleged by the plaintiff” (Findlaw, 2009). This is where the order is given and federal courts have jurisdiction over civil cases between citizens of different states, which is present in the Confusion statute. Stage six is when the order is carried out unless the defendant wishes to appeal the judgment. If so this is the last stage in the civil case process. An appeal is a review of the trial court’s application of the law” (Findlaw, 2009, p 3). The court takes into consideration all of the facts and comes up with a conclusion. Conclusion In conclusion, it is an opinion that Tanya Trucker would prevail in her suit. The state of Confusion is clearly not constitutional in requiring every truck and trailer to get a special hitch or to travel around the state to get to the travelers destination. What this does is put strain upon the trucking industry by requiring an extra expense.
The Confusion Statute will be seen in a federal courtroom because of the fact that Tanya Trucker is from a different state, Denial. In the federal courtroom the civil case will follow the seven stages of a civil case to come to a decision upon the Confusion Statute. References: Cheeseman, H. R. (2010). The legal environment of business and online commerce: Business ethics, e-commerce, regulatory, and international issues. (6th ed. ) Upper Saddle River, NJ: Pearson Prentice Hall. Findlaw (2009) Stages of a Civil Case. Retrieved July 5, 2010 from: http://public. findlaw. com/library/legal-system/civil-cases-stages. html