State of Confusion Paper
Diane M. Freeman
April 12, 2012
Geneace Williams, J.D., Ph.D.
State of Confusion Paper
Tanya Trucker, who owns a trucking company in the state of Denial is unhappy with a statute enacted by the state of Confusion. The statute requires all trucks and towing trailers to use a B-type truck hitch in order to drive on the state’s highway. If a trucking company decided not to have the hitch installed, they would not be allowed to drive on the highway and would have to drive around Confusion. The statute poses added expenses on Tanya’s business and the only place to get the hitch installed is also located in the state of Confusion. To make things ...view middle of the document...
The clause empowers the federal government to regulate interstate commerce. Interstate commerce involves the movement of any trade from one place to another. Confusion took advantage of their Constitutional reserved powers. States are authorized to create laws that protect the health and welfare of their residents (Cheeseman, 2010). The fact that Confusion is the only place to get the new hitch installed caused unduly burden interstate commerce, which is also unconstitutional. The Commerce clause, interstate commerce, and unduly burden interstate commerce can be proven in a court of law based on the U.S. Constitution, Article I, Section 8, clause 3 and Article I, Section 9, clause 6.
Based on the articles and clauses in the constitution, Tanya is very likely to win her suit against the state of Confusion. Confusion had not provided evidence that the B-type truck hitch enhanced the health or welfare of their residents. Moreover, Confusion had not proved that regular hitches were a threat to the residents’ health or welfare. The additional expenses to Tanya’s company would inflict an unduly burden. Granted, there were no regulations in place by the federal government, which gives state the power to create a regulation in that particular area. This is known as the dormant commerce clause and is evoked if the state regulation causes unduly burden interstate commerce. The main thing to remember is that federal law overrides any state or local laws that conflict with the federal law.
Federal question has already been established and now it is time for Tanya to file her suit against the state of Confusion. She will follow a set of specific procedures through a very complex legal system. The pretrial litigation process starts the ball to rolling. The process involves the bringing, maintenance, and defending of a lawsuit (Cheeseman, 2010). Within this process are several phases composed of pledging, discovery, dismissals and pretrial judgments, settlement conference, trial, and appeal.
Pleadings are the courts paperwork giving notice of the lawsuit and expectant of a reply. The pleadings process consists of a complaint, an answer, cross-complaint, and reply. The complaint is a legal document naming the people involved, the violation, and a solution. The complaint is filed and served alone with a summons to the defendant. The defendant has to file an answer admitting or denying the complaint. If the defendant admits to the complaint, a judgment is entered. If the defendant denies any part of the complaint, the case carries on to the next phase. The plaintiff will win by default judgment if the defendant does not answer at all. The defendant can also file a cross-complaint if they have a grievance against the plaintiff. The same process is followed with a cross-complaint as it is with a complaint. Now the plaintiff is required to file an answer to the defendant. The plaintiff must be mindful of the period of...