Statute requiring a B-type truck hitch.
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Case backdrop: 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. Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statute imposes on her business. She intends to file suit against Confusion to overturn the statute.
Address the following questions:
-What court will have jurisdiction over Tanya's suit? Why?
-Is the Confusion statute constitutional? Discuss your legal reasoning.
-What provisions of the U.S. Constitution will be applied by a court to determine the statute's validity?
-Is Tanya likely to prevail on her suit? Explain the reasons for your answer.
-Set forth in detail the stages of a civil suit.
NEEDED: JULY 21, 2011 7PM
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Solution Summary
Approx 1,144 words and 3 references
Addresses:
-What court will have jurisdiction over Tanya's suit? Why?
-Is the Confusion statute constitutional? Discuss your legal reasoning.
-What provisions of the U.S. Constitution will be applied by a court to determine the statute's validity?
-Is Tanya likely to prevail on her suit? Explain the reasons for your answer.
-Set forth in detail the stages of a civil suit.
Solution Preview
The State of Confusion
Introduction
The State of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. It is only manufactured by one vendor in the state of Confusion. Since this statute is in effect, any trucker who needs to drive through Confusion must stop and have the new hitch installed, or can decide to drive around the state of Confusion. This will discuss Tanya Tucker's position since her trucking company is in the State of Denial. She will be filing against the state of Confusion to overturn the ruling.
The Court Having Jurisdiction Over the Law Suit
The question at hand is which state has the jurisdiction over the lawsuit. There is no background information to acquire since the given two states are fictional. The case could be that Tanya Tucker needs to file in the state where her trucking company is located which is the State of Denial and in turn, that State would the file against the State of Confusion. What should happen is since this is was enacted by the state - the state would have ruling over the lawsuit but it may also be a federal question and would have to be filed in federal court, the "Venue" she would file would start in her State of Denial and the judge would then cross the lawsuit over into the State of Confusion.
The Statute Enacted in the State of Confusion - Constitutional or Not?
Each state has its own statutes about motor vehicles and the specifics of what is allowed and not allowed. Here is the sum of it: "When you are an out of state licensed driver operating a vehicle in a state other than your home licensing state, you are to abide by the driving rules and laws of that state. If you break another state's laws you are normally subject to ...
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