December 12, 2011
State of Confusion
In this paper I will tell what court will have jurisdiction over Tanya’s suit also explain why? Tell if the statute of confusion is constitutional or not, describe what provisions of the U.S. Constitution will be applied, and conclude with if Tanya will likely prevail on the lawsuit.
The court that should have jurisdiction over Tanya case is the federal jurisdiction. Most federal courts could decide on a case such as Tanya on the lawsuit and my not have partial opinions on the matter. “Federal Court may decide in the language of the constitution controversies between a state and citizen of another state” (Lectric, Law Library 2010p6). Because Tanya suit is a state issue the federal jurisdiction can still decide if the issue is valid or not. In some states there is a power to set the state own statue, most of the statues stated may cause concern and have to be reviewed by Federal Court. However, the state of confusion is using that trucks have to drive through the state and the trucking company is gaining financial gain by letting this happen. The state is not allowing the B-type hitch to protect the road or highways, but requiring them the hitch to produce revenue. This may mean the confusion state is unconstitutional.
The commerce clause of the Constitution states that the federal government has the right to regulate certain parts in a case. This clause will also help the courts determine if the statue set by the state of confusion is valid. Tanya is most likely to prevail on her case. Because the state of confusion is recommending that all trucks use the B-type truck hitch. The states of confusion are requiring the trucks to purchase the hitch to benefit the people in the state, even if the B-type hitch is not a requirement. In the event of the state of confusion were asking for the hitch to protect the roadways and the people who travel the road Tanya could possible lose the case. The State is making necessary changes to generate more income in the state.
There are seven stages of a civil suit. The first step consists of starting the case with an initial court or pleading the case. The complaint basically files this with the court against the defendant. The second step is to get the summons, which notifies the plaintiff or defendant that he or she will be sued. Once the defendant gets the summons he or she is directed to file an answer with the court and explain their side of the charges. The third step of a civil suit is resolution before a case before a case is heard. In the resolution a great many of questions about what is going to happen can be answer.
The fourth step of a civil suit is summary judgment or resolution before the trial. In this stage most of the cases filed in the court never make trail. If the case never make it that means the parties have come to a resolution between themselves.