State of confusion - 7081

Solution Detail
Price: $30.00
  • From: Law, Business
  • Posted on: Mon 09 Apr, 2012
  • Request id: None
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Request Description

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.

 

 

Write a 900-word paper addressing 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.

Solution Description

To determine what court will have jurisdiction over Tanya’s suit various factors will need to be considered. This case requires the consideration of personal jurisdiction and the commerce clause. Personal Jurisdiction has to do with the power of a court to decide a dispute against a person. States have the power to exercise jurisdiction over people within its territory only unless it can be demonstrated that the person has a “minimum contact” with the state. A minimum contact is established when the defendant has had some relation with the state such as selling goods, incorporation or visiting the state. In order for the jurisdiction to exist, such minimum contacts are required by the fourteenth amendment. Since Tanya Trucker lives in the state of denial but seems to have minimum contact with the state of confusion, it may be reasonable to assume that both states have jurisdiction over her, in this particular case, the congress will intervene due to the powers given to it by the commerce clause. Article 1, Section 8, Clause 3 of the U.S. Constitution refers to commerce clause which gives the congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” This clause is usually elaborated and paired with the Necessary and Proper clause to put it into a broader perspective. Commerce within states refers to trade that occurs within the boundaries of a sta