State Of Confusion Essay

1139 words - 5 pages

State of Confusion, PAGE 1
State of ConfusionAlex SchmitUniversity of PhoenixTeresa K. AndersonJune 21, 2010State of ConfusionTanya Trucker intends to file suit against the state of Confusion because the "state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch (University of Phoenix, 2010)." This statute would adversely affect Tanya's business' profits, and she hopes to overturn the statute in a civil suit against the state. This paper will list the stages in a civil suit, determine which court has jurisdiction, and explore whether or not the Confusion statute is constitutional.Stages of a Civil Suit and JurisdictionAccording to FindLaw (2009), there are seven stages of a civil case:Starting the Case: Initial Court PapersFact-Finding and DiscoveryResolution Before Trial: Court MotionsResolution Before Trial: Settlement / Alternative Dispute ResolutionTrial and VerdictAfter a Judgment: Collecting MoneyAppealsFindLaw, 2009Additional stages that Tanya must take in order to begin her suit may include finding an attorney who can represent her case, and getting the funds together to pay her attorney's fees. With the help of her attorney she may be able to take the first stage of her civil suit, which is to start the case by filing the initial court papers in the state of Confusion. The next stage is the fact-finding and discovery in which the plaintiff's case will be sent to a Federal District Court in the State of Confusion for review.Deciding ConstitutionalityThe 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, 2010According to Cheeseman (2010), "State and local laws cannot unduly burden interstate commerce. If they do, they are unconstitutional because they violate the Commerce Clause." However, "if the federal government has chosen not to regulate an area that it has the power to regulate under its Commerce Clause powers, that area of commerce is considered a dormant Commerce Clause power (Cheeseman, 2010)," thereby allowing the state to enact laws or statutes regulating that area of commerce.In this scenario, that area of commerce is truck hitches used on the nation's highways. This statute can only be enforced in the state of Confusion, so long as the state of Confusion is the only state that enacts this new statute. The problem with this scenario is that enacting the statute is not unconstitutional, but the affect it has on interstate commerce after it is enforced is subject to federal regulation.The second problem with this scenario is that the...

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