State of Confusion: Law - Case Study Example

of Confusion: Law Case What court will have jurisdiction over Tanya’s suit? Why? As per the case, Tanya Trucker owns the trucking company in the state of Denial whereas the Plaintiff which is the State of Confusion is residing in a different location therefore the Federal Court will have jurisdiction over Tanya’s suit. As we know that Federal court have jurisdiction over cases which either involve “Federal Questions” or there is a “Diversity of Citizenship”. In this case, there is a diversity of citizenship among the plaintiff and defendant since both the citizens are residing in different states. Although the subject matter is a non-federal question, but yet the case will be held in Federal court since the second clause holds valid. Tanya’s corporation is conducting its business in the state of Denial therefore it will remain the citizen of the same state. The main objective behind bringing forward such cases to federal court is to prevent state court bias against non-residents. The dollar amount of the controversy must exceed $75,000 for bringing the case into federal court (Cheeseman, 2009). Since the case is not explicit about the dollar amount of controversy therefore we assume that this requirement is fulfilled. Is the Confusion statute constitutional? Discuss your legal reasoning. The statute enacted by state of confusion seems to be unconstitutional since it is violating the commerce clause of the constitution. The commerce clause provides federal government the power to regulate business activities with the foreign nations and among the several states. This includes both the business activities within interstate and intrastate. Within the commerce clause, there is a concept of dormant commerce clause which implies that the states should be prohibited from passing any legislation that unfairly burdens against interstate commerce. In this case, we can see that the state of confusion has enacted a statute that requires all trucks and towing trailers that use its highways to use a B-type truck hitch which is manufactured by only one manufacturer in Confusion. As a result of this statute, Tanya feels that she will be unfairly overburdened by costs inflicted on her business. Secondly, this law is also unconstitutional because it violates the antitrust law where only one manufacturer can make this product in the state of confusion. This will create an absolute monopoly and we all are aware of the adversaries which a monopoly can place on businesses as it restricts competition. What provisions of the U.S. Constitution will be applied by a court to determine the statute’s validity? These are the provisions of the U.S Constitution which will be applied by the court to determine the validity of statute which mandates that all trucks and towing trailers that use the highways of Confusion to use a B-type truck hitch which is manufactured by only one manufacturer in Confusion. Article I, Section 8 which states that “The Congress shall have power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes” (US Constitution). Article I, Section 9 which states that “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” (US Constitution). Is Tanya likely to prevail on her suit? Explain the reasons for your answer. Tanya is likely to prevail in this suit since she has valid grounds for proving that the statute enacted is unreasonable. Firstly, the statute enacted by state of Confusion is unconstitutional since it violates the commerce clause of the constitution. This statute does not promote interstate business activity and furthermore it is out of the domain of State Government since Federal government is supposed to regulate interstate commerce. Federal government has the responsibility to impose and mandate any or all of the safety requirements for vehicles. However, in this case the state government has enacted the statute which requires trucks & trailers to use a B-type hitch in order to ensure safety of the vehicles. Secondly, this case is also violating the Sherman Act which states that it is a violation for a firm to monopolize any part of interstate commerce. The state of Confusion is creating an unfair monopoly against other states which is not legal. In addition to that the Article I, Section 9 of the constitution states that “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, on state, be obligated to enter, clear, or pay Duties in another”. Thus the State of Confusion cannot impose on other states to use a specific type of hitch. Finally, the state of Confusion has not justified in the case that why to use the specific type of hitch as how it is safer and better than other hitches. However at the current occasion, Tanya will have to accept the additional costs inflicted upon her business due to the specific type of hitch to be installed. She will have to follow the law until the final verdict is declared by the federal court and then can let her damages recovered. Set forth in detail the stages of a civil suit. In this civil suit, the plaintiff who is Tanya in this case will file a civil action against the defendant who is the State of Confusion. The plaintiff must establish that he has standing to sue as he/she must allege that the case involves a legal controversy and she has a personal stake involved in it. The litigation process begins through the process of pleading in which legal documents are filed with the court by the plaintiff. The document which is called complaint contains the allegations brought forward by the plaintiff and a statement of the relief sought through the court. A court official delivers summon and copy of complaint is sent to the defendant. The defendant responds to the allegation by filing an answer in which he/she admits or denies each of the allegations of the plaintiff. The next step in the litigation process is discovery in which it is learned that what evidence each side has submitted pertaining to the issue. Each of the parties can ask to each other to see any supporting document each side have and then ask them any questions. During this phase the lawyer and client work very closer to discuss the matter. As the discovery phase reaches its end, the defendant will file a motion for judgment which implies that the defendant believes that the evidence provided by the plaintiff does not support a claim against the defendant. If the court finds the motion in favor of the defendant than the lawsuit comes to an end. The next phase is the trial period which initiates when juries are selected who are supposed to collect the facts of the suit. After this the respective attorneys familiarize the jurors with the facts of the case. Once all the facts are collected the judge acquaints the jury with the law applicable to the case. The jury renders its verdict and the court decides whether to pass a judgment based on jury’s verdict. The party who wins the case is paid for the damages by the court. However, the losing party can disagree with the judgment and can raise an appeal at the appellate court. The court can reverse its decision if it finds that any error occurred at the trial court level. References Cheeseman, H. R. 2009, The Legal Environment of Business and Online Commerce, Sixth Edition, Prentice Hall Constitution for the United States of America, Available from site: http://www.constitution.org/constit_.htm Read More