Week 2 State of Confusion Paper
April 23, 2012
In this paper I will be going over the issues that are held with the state of Confusion and 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 that use the highways to use a specific type of truck hitch. This hitch is only made by one company in the state of Confusion. The statute states that anyone traveling through the state of Confusion must stop by and have this new hitch installed or just drive around the state. Tanya is upset with this statute because it adds extra cost to her business. Tanya ...view middle of the document...
In the civil court, the plaintiff Tanya Trucker can charge State of Confusion in civil litigation and reimburses the plaintiff for losses caused by the defendant’s behavior of forcing it to use a B-type truck hitch. I also believe that the Confusion statue is not constitutional. It appears that the Confusion state was trying to make money for one specific manufacturer who happens to be within its borders.
According to our textbook, these rules are unconstitutional and “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 (Cheeseman 2010)”. It is not legal for the state of Confusion to charge any fees for the B-type hitch to state of Denial or any other state. Due to the fact that the manufacturing company of the B-type hitch is out of state of Confusion. Tanya’s lawsuit would have jurisdiction in the state and federal courts even though Tanya Trucker would also need to file the lawsuit within the states.
The two provisions of the U.S. Constitution that will be applied by a court to determine the statute’s validity would be chain of distribution and duty to warn. The reason I chose these is because reviewing the chain of distribution will allow the courts to determine who all was involved in this decision to bring about this law. They also have a duty to warn these people ahead of time because this could pose extra expense on a business that they didn’t budget for. I do believe that Tanya does have a good case and can prevail, but she will have to do her research. Learning the laws, and how they work can allow Tanya an upper leg on the state of Confusion.
The first step in the stages of a civil suit involves one party filing a complaint in the pleadings stage. This can include: a complaint in which the plaintiff bringing the suit setting forth the facts supporting the claims and state the causes of action, an answer during which a defendant must admit, deny or deny knowledge of any alleged facts in the complaint, affirmative defenses, involving the defendant that provide justifications to the complaint, and a counterclaim, which is filed when the defendant brings an action against the plaintiff. Discovery is the second stage in a civil suit. After the pleadings, the lawsuit enters the discovery stage and usually entails: depositions, where the parties can depose (or interview) under oath the...