BUS415 State of Confusion Paper - Copy

BUS415 State of Confusion Paper - Copy - State of Confusion...

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State of Confusion 1 State of Confusion BUS/415 State of Confusion Tanya Trucker, the owner of a trucking company in the state of Denial, intends to file a suit against the state of Confusion’s implementation of its statute that requires the use of a B-type truck hitch for all trucks and towing trailers that use its highways. There is only one manufacture that carries and installs the required hitch and it is located in Confusion. For any trucker whose
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State of Confusion 2 route runs through confusion must stop and have the hitch installed or change the route so that they drive around Confusion. Seeing as how the federal government has not attempted to regulate the type of truck hitches used on the nations highways, Tanya is not happy with the imposed additional expenses the statute places on her business. This paper will discuss which court has jurisdiction over the suit, if the Confusion statute is constitutional, whether Tanya will win her case, and list the stages of a civil suit. Court Jurisdiction The Federal District Court will have jurisdiction over Tanya’s suit because the suit is dealing with interstate commerce. Since the Confusion statute could be in violation of the commerce clause outlined in the Unites States Constitution, the suit has to be filed in federal court. The Constitution grants power to Congress “to regulate commerce with foreign nations, and among the several states, and with Indian tribes,” (Cheeseman, 2010, p. 71). In addition, Tanya Trucker’s resides and her company’s base of operation is in the state of Denial therefore she would file her suit in federal court because of dual citizenship. Confusion Statute Unconstitutional The Constitution allows the federal government to regulate commerce with Indian tribes, foreign nations, and interstate commerce (Cheeseman, 2010). Because the federal government has not attempted to place any regulations on the truck hitches used on the nation’s highways, Confusion’s statute is not constitutional. According to Cheeseman (2010) under the effects on
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This note was uploaded on 08/22/2011 for the course BUS 415 taught by Professor Barnes during the Spring '11 term at Coastal Carolina University.

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BUS415 State of Confusion Paper - Copy - State of Confusion...

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