State of Confusion Paper
University of Phoenix
State of Confusion Paper
Tanya Trucker, owner of a trucking company, is displeased with the new statute in the state of Confusion requiring trucks and towing trailers to have a B-type hutch installed to their vehicle. Unfortunately, this new hitch can be acquired only through one manufacturer in the state of Confusion, and vehicles that do not comply must take a route other than Confusion’s. This new statute will have a financial impact on trucking business throughout the country, especially Tanya Trucker’s business as it will incur additional expenses to comply with the statute. She plans to take legal action against the state of Denial for the stature to be reversed.
Jurisdiction over Tanya’s Suit
Tanya Trucker lives in ...view middle of the document...
41). The federal court, however, must use the applicable state law when making the judgment.
Confusion’s statute is unconstitutional as states should not impose fees over the ports of another.
According to the Constitution’s Section I, article 9, “No Preference shall be given by any Regulation of
Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another” (Cheeseman, p. 87). The state of Confusion’s requirement for an installment of B-type truck hitches for all trucks passing through the state constitutes as a payment of duties. In addition, the state of Confusion’s stature restricts truck drivers from acquiring the B-type hitches elsewhere, as they are only available through one manufacturer in the state of confusion.
Provisions of the State of Confusion
Because the federal government has not made any attempts to standardize truck hitches used on states’ highways, Tanya Trucker’s compliance with all federal regulated requirements is enough. According to Section 8 of the United States of America Constitution, the federal government regulates commerce among states. This is why Tanya is most likely going to win her case; the legislation is within the province of the federal government, not the state of Confusion’s.
When a business owner understands his or her rights regarding his or her business, it can be the difference between success and failure. Because Tanya Trucker knew that it was unconstitutional for the State of confusion to require specific hitches to be installed on all trucks using their roads, and only providing one manufacturer to install them, she saved her business money and distress.
Cheeseman, H.R. (2010). The Legal Environment of Business and Online Commerce (6th ed.). : Prentice Hall