State Of Confusion Essay

665 words - 3 pages

Situation
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.
State of Confusion
There are two courts that could have jurisdiction over Tanya's suit. She could file the suit in the state court of Confusion. The State court could decide whether the state statute is unconstitutional. The second court that would have jurisdiction over the suit is ...view middle of the document...

" The Commerce Clause authorizes Congress to regulate commerce in order to ensure that the flow of interstate commerce is free from local restraints imposed by various states" (thefreedictionary.com). If congress determines the interstate commerce needs to be supervised it will endorse legislation that must have a rational relation to the reason of the regulation. " The U.S. Supreme Court, in the case of Southern Pacific Co. v. Arizona, 325 U.S. 761, 65 S. Ct. 1515, 89 L. Ed. 1915 (1945), held that an Arizona statute that prohibited railroads within the state from having more than 70 cars in a freight train, or 14 cars in a passenger train, was unconstitutional" (thefreedictionary.com). That case is similar in a way to Confusion's statue. Using the Southern Pacific Co v. Arizona as an example I believe that Tanya would win her suit because the federal district would deem Confusion's statue as unconstitutional.

There are several stages to a civil suit. The first stage of a civil suit is to prefile, this is where the jurisdiction is decide, the subject of the jurisdiction and the venue is decided. In the second stage pleading, the preliminary motions set into play and its decided whether the trial will go to a jury. The third stage of a civil suit is discovery. In this stage there are requests for admissions and for production of document, there are also interrogatories, depositions and mental and/or physical examinations. The forth sage of a civil suit is the summary judgment. The fifth stage is the trial. In the trial stage the jury is selected, the opening statements are heard, witnesses are called, motions for judgment are passed and the closing arguments are heard, and the judge or jury makes a determination and the verdict is read. The sixth stage is the post-trial motions, in this stage motions for judgment notwithstanding the verdict or motion for a new trial are filed. The seventh stage is appealing. The eighth stage is enforcing a judgment.

References
Commerce Cause retrieved on November 19, 2010 at thefreedictionary.com.
Southern Pacific Co. v. Arizona retrieved on November 19, 2010 at http://legal- dictionary.thefreedictionary.com/Commerce+Clause+of+the+United+States+Constitution

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