Confusion Essay

1027 words - 5 pages


State of Confusion Paper
Debra Brown
University Of Phoenix
Bus. - 415 Business Law
Mr. Mark Oertel
October 13, 2010

State of Confusion Paper
This paper will attempt to analyze the case which has been brought upon the State of Confusion by Tanya Trucker, who has a trucking company that she owns in the State of Denial. According to the scenario, “The state of Confusion has enacted a statute requiring all trucks and towing trailers that uses its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion” (University of Phoenix, 2010). In order for Tanya Trucker to operate her trucking ...view middle of the document...

pg. 41
Tanya Trucker could also suit the state of Confusion for violating the Commerce Clause. This clause allows Congress the authority “to regulate commerce with foreign nations, and among the several states, and with the Indian Tribes” (Article 1, Section 8. of United States Constitution, 1877). This clause gives the federal government permission to regulate commerce, because it has a larger impact on business than any other rider in the Constitution. This clause also is aimed to promote the growth of a national market and free trade between the states. However, “the modern rule allows the federal government to regulate activities that affect interstate commerce, thus, any local (intrastate) activity that has an effect on interstate commerce is subject to federal regulation”(Cheeseman, 2010). pg. 73
According to, The Legal Environment of Business and Online Commerce, Sixth Edition The Interstate Clause of United States Constitution, Article 1, Section 9. 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” (Cheeseman, 2010). pg. 87. This makes the state of Confusion unconstitutional. Since, the B-Type trailer truck hitches that are being used on “the nations’ highways have not been regulated by the Federal Government” (University of Phoenix, 2010).
This means that the State of Confusion cannot put into effect a law that has not been establish, has no power, and has not yet pass as a law. Furthermore, the state of Confusion is believed to be unconstitutional under the terms of the anti-trust laws that limit anticompetitive performance. Where as the state of Confusion is trying to take over the trailer hitch business within their state by only permitting one company to manufacturer and install these B-Type trailer hitches. The odds of Tanya Trucker winning her law-suit could be highly in her favor due to unconstitutional statue that the State of Confusion has presented.
The fundamental stages in a civil law...

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