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    State of Confusion

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    kai_weiss
    The document summarizes a hypothetical legal case involving a statute passed in the state of Confusion that requires all trucks and towing trailers using its highways to use a specific B-type truck hitch manufactured by only one company located in Confusion. Tanya Trucker intends to file a civil suit against the state to overturn the statute. The summary will explore the stages of a civil suit, determine the appropriate court jurisdiction, and examine whether the statute violates the Constitution.

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    State of Confusion

    Uploaded by

    kai_weiss
    914 views6 pages
    The document summarizes a hypothetical legal case involving a statute passed in the state of Confusion that requires all trucks and towing trailers using its highways to use a specific B-type truck hitch manufactured by only one company located in Confusion. Tanya Trucker intends to file a civil suit against the state to overturn the statute. The summary will explore the stages of a civil suit, determine the appropriate court jurisdiction, and examine whether the statute violates the Constitution.

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    The document summarizes a hypothetical legal case involving a statute passed in the state of Confusion that requires all trucks and towing trailers using its highways to use a specific B-type truck hitch manufactured by only one company located in Confusion. Tanya Trucker intends to file a civil suit against the state to overturn the statute. The summary will explore the stages of a civil suit, determine the appropriate court jurisdiction, and examine whether the statute violates the Constitution.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    914 views6 pages

    State of Confusion

    Uploaded by

    kai_weiss
    The document summarizes a hypothetical legal case involving a statute passed in the state of Confusion that requires all trucks and towing trailers using its highways to use a specific B-type truck hitch manufactured by only one company located in Confusion. Tanya Trucker intends to file a civil suit against the state to overturn the statute. The summary will explore the stages of a civil suit, determine the appropriate court jurisdiction, and examine whether the statute violates the Constitution.

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    State of Confusion

    BUS415

    William C. Anderson

    University of Phoenix

    July 12, 2010


    State of Confusion

    Scenario: The 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, 2010)

    Tanya Trucker intends to file suit against the state of Confusion because of the enacted

    statute that requires all trucks and towing trailers to use the specific truck hitch while in

    Confusion. Tanya will file a civil case against the state of Confusion. This statute adversely

    affects Tanya’s business profits, and she hopes to overturn the statute in this suit against the

    state. Overturning this statute will allow Tanya’s business and other truck and trailer businesses

    to eliminate this extra expense. 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 Jurisdiction

    According to FindLaw (2009), there are seven stages of a civil case:

    1. Starting the Case: Initial Court Papers

    Tanya’s attorney will file a complaint on her behalf

    2. Fact-Finding and Discovery

    3. Resolution Before Trial: Court Motions

    4. Resolution Before Trial: Settlement / Alternative Dispute Resolution


    5. Trial and Verdict

    6. After a Judgment: Collecting Money

    7. Appeals

    To begin the stages of a civil case Tanya must find an attorney who can represent her,

    and get the money together to pay the attorney’s fees. With the help of an attorney, Tanya will

    be able to take the first step of the 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 Constitutionality

    According 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 B-type truck hitch required to be used

    by all trucks in the state of Confusion is only manufactured by one manufacturer, and that

    manufacturer happens to be located in the state of Confusion. The State of Confusion’s actions

    by enacting the new statute are in direct violation of the federal antitrust laws. With only one

    manufacturer producing the B-type truck hitch and the hike in demand for that manufacturer’s

    product, a monopoly is created. A monopoly is unconstitutional because it prevents competition

    in the industry and damages the freedom of interstate commerce.

    Because the first problem increases the severity of the second problem, Tanya Trucker

    may now have a case that may prevail in court. During the civil suit, the state of Confusion may

    defend itself by stating that the new statute is a safety measure, and because of the issues, an

    alternative dispute resolution does not seem at all likely.

    After the complaint is filed, all involved parties will need to complete their depositions

    leading to discovery of who has suffered damages and all relevant information about the case.

    The case will continue to be handled by the Federal District Court in the State of Confusion, and

    because of the contradictory problems presented the resolutions will not be an end result. The

    United States Court of Appeals will handle the case until a final resolution is reached. However,

    this process could take years and there is one final answer in the United States; the US Supreme

    Court.

    According to the Constitution (Art. III, §2): "The judicial Power shall extend to all Cases,

    in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties

    made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other

    public Ministers and Consuls;-to all Cases of admiralty and maritime Jurisdiction;-to
    Controversies to which the United States shall be a Party;-to Controversies between two or more

    States;—between a State and Citizens of another State;-between Citizens of different States;—

    between Citizens of the same State claiming Lands under Grants of different States, and between

    a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

    "In all Cases affecting Ambassadors, other public ministers and Consuls, and those in

    which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other

    Cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to Law and

    Fact, with such Exceptions, and under such Regulations as the Congress shall make."

    Appellate jurisdiction has been conferred upon the Supreme Court by various statutes,

    under the authority given Congress by the Constitution. The basic statute effective at this time in

    conferring and controlling jurisdiction of the Supreme Court may be found in 28 U. S. C. §1251

    et seq., and various special statutes.

    Supreme Court of the United States, 2009

    Conclusion

    The US Supreme Court has absolute authority on the final matter on this case. The

    likelihood that Tanya Trucker will find her case in the US Supreme Court is a possibility, but for

    the time being, she will still have to accept the additional expenses in having her drivers install

    the B-type hitches, pay the fines, or prevent her business from operating in the state of

    Confusion. Tanya is likely to prevail in her pursuit against the state of Confusion’s new statute,

    but in the long-term another possibility is that all states adopt the statute, or the state of

    Confusion is allowed to keep its statute as-is, but more manufacturer’s must produce the B-type

    hitch.
    References

    Cheeseman, H. (2010). The legal environment of business and online commerce (6th ed.). Upper

    Saddle River, NJ: Pearson Education, Inc..

    FindLaw. (2009). Stages of a civil case. Retrieved from http://public.findlaw.com/library/legal-

    system/civil-cases-stages.html

    Supreme Court of the United States. (2009). A brief overview of the Supreme Court. Retrieved

    from http://www.supremecourt.gov/about/briefoverview.aspx

    University of Phoenix. (2010). Course syllabus. Retrieved from University of Phoenix, BUS415

    - Business Law website.

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