Tanya Trucker resides in the state of Denial and she is placing suit against the state of Confusion. Therefore, the federal court will have jurisdiction over this case. Cheeseman (2010) states, “A case may be brought in federal court if there is diversity of citizenship” (p 12). Tanya Trucker could file suit in the federal court for violating the commerce clause of the constitution. “The commerce clause grants the federal government the authority to regulate interstate commerce” (Cheeseman, 2010, p. 73). Interstate commerce has the ability to pass laws that regulate the behaviors of business.
Is the Confusion Statue constitutional?
The Confusion statue is not constitutional. The ...view middle of the document...
The Petitioner is the person who started the lawsuit by filing the Petition, and who is asking the
Court to do something. There is usually a fee to file the petition. In some cases, the fee may be waived by the clerk’s office. To have the fee waived, the Petitioner must file an Affidavit of Inability to Pay Costs. This is a sworn statement that says the Petitioner cannot pay the filing fees. If the Respondent disagrees, s/he can file a written contest, disputing the Petitioner’s Inability to Pay the court costs and filing fees.
Giving Legal Notice
The Petitioner must give legal notice to the other party. The other party is called the
Respondent. There are two general ways to give legal notice:
1) Have the Respondent waive his or her right to service by signing a Waiver of Citation
in front of a notary or 2) Have the Respondent served with a copy of the Petition by some one who is authorized by the Court to give the Respondent the petition. This person is called a
Process Server. It may be a private process server or a sheriff or constable. The
Petitioner is not authorized by the Court to serve the petition on the Respondent.
There are four authorized methods of service or ways that a process server may
deliver the petition to the Respondent: personal service, service by certified mail,
substituted service, and publication.
a) Personal service is the best choice for service. This means the process
server hand delivers the petition to the Respondent. The Court knows for
sure that the Respondent actually received notice of the lawsuit when
personal service is accomplished.
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b) Service by certified mail may be used if you ask the clerk to issue citation
and mail the petition to the Respondent instead of having the process
server personally deliver it. Service by certified mail is only valid if the
Respondent’s signature appears on the return receipt that is returned. If
someone else has signed for the letter (including a mail clerk), the
Respondent was not actually served. The Court will require the Petitioner
to serve the Respondent again, and the Petitioner may have to pay
additional fees for service.
c) Sometimes, a court may allow substituted or alternative service. If the
Petitioner files a sworn statement (affidavit) and motion convincing a
court that a substitute or alternative method of service would be