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Business Law Essay

714 words - 3 pages

State of Confusion PAGE \* MERGEFORMAT 1
State of ConfusionBusiness LawTeresa AndersonOctober 11, 2010State of ConfusionRecently, the state of Confusion mandated that all trucks and towing trailers use a B-type hitch. In response to the statute imposed by Confusion, Tanya Trucker has decided to file a lawsuit against state. Her trucking company based in the state of Denial would be adversely affected by this regulation for the extra expense of installing new hitches or requiring her drivers avoid the state of Confusion by driving around the state resulting in additional drive time and higher gas fees. The federal government does not regulate the type of hitches used by trucks travelling the nation's roadways that will be the basis of Tanya's court case against the state of Confusion.Stages of a Civil SuitThe seven stages of a civil suit are as follows: 1) starting the case by initiating court papers; 2) fact-finding and discovery; 3) resolution before trial through court motions; 4) resolution before trial through settlement of alternative dispute resolution; 5) trial and verdict; 6) collecting monies from court if awarded, and 7) appeals (Findlaw, 2010). Tayna will need to find an attorney who has in-depth knowledge of the interstate commerce laws to provide her the best outcome. Her attorney will file the necessary papers in court before beginning the discovery phase to build the case before going to trial.JurisdictionIn Tanya's lawsuit, the federal court will have jurisdiction over her case between the two states and will decide the case regarding interstate commerce. Although the state court would typically hear cases that involve state laws or regulations, it would not hold jurisdiction over Tanya's lawsuit. Cases involving federal laws and regulations would be heard in federal court even though the law was enacted at the state level. The federal government cases include state law disputes when diversity of citizenship exists (US Courts, 2010). In addition, the federal court regulates interstate commerce that is the basis for this particular suit; a state cannot mandate that a truck use a B-type hitch that coincidently is only manufactured within the state of Confusion.Statute Constitutional ValidityAccording to Federal law, neither a state or local government can enact laws that unduly burden interstate commerce (Cheeseman, 2010). All safety requirements for...

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