State_of_Confusion

State of Confusion Wendy Smith William Parks BUS/415 September 7, 2010 Introduction In the case of Tanya Trucker v. State of Confusion the U.S. District Court should have jurisdiction over the suit. The case involving the State of Confusion which imposed a statute that required all trucks and towing trailers that passed through the state to install a B-type hitch that is only manufactured by a company operating in the State of Confusion. This statute conflicts with the Commerce Clause which regulates interstate commerce thus should be heard in the appropriate U.S. District Court. U.S. District Courts hear cases involving federal questions and being that the statute interferes with the activities that affect interstate commerce that is federally regulated. The Supremacy Clause establishes that the Constitution, treaties, federal laws and federal regulations are the supreme law of the land (Cheeseman, 2010). State laws that conflict with valid federal laws are considered unconstitutional. The Commerce Clause of the U.S. Constitution grants Congress the power “to regulate commerce with foreign nations, and among the several states, and with Indian tribes. The Commerce Clause also gives the federal government the authority to regulate interstate commerce. This clause also allows the federal government to regulate activities that affect interstate commerce. Since the trucks would be passing through the State of Confusion it falls under interstate commerce regulation. The statute directly and substantially conflicts with the federal government’s authority to regulate activities that affect interstate commerce which makes the statute that the State of Confusion imposed is unconstitutional. In the case Tanya Trucker v. The State of Confusion, the federal government has not made an attempt to regulate the hitches used on the nation’s highways. The State of Confusion will probably argue that under intrastate commerce they can regulate business activity that occurs within their borders thus imposing the truck hitch statute which is within the states policing power. Also, under the Dormant Commerce Clause, when the federal government has chosen not to regulate an area that it has the power to regulate under the Commerce Clause, a state, under its police power can enact laws to regulate that area of commerce. The Dormant Commerce Clause refers a body of constitutional jurisprudence which sets parameters for state regulation when congress had not regulated an area within the commerce and seeks to create a national economic market by preventing from imposing barriers to trade (N. Redlich, J. Attanasio, J. Goldstein, 2005, pp. 134-135). The U.S. District Court will probably consider the states police power and dormant commerce clause however; it will also have to consider interstate commerce which is regulated by the federal government. The Court will also consider the commerce clause which gives the federal government authority to regulate interstate commerce, the supremacy clause, preemptive doctrine and the effects of interstate commerce test. The latter all support the unconstitutionality of the truck hitch statute. Under the effects on interstate commerce test, the regulated activity – interstate and intrastate, if it has an effect on interstate commerce is subject to regulation. All of these provisions will be considered to determine the validity of the statute. In conclusion, Tanya Trucker should prevail in the case against The State of Confusion. Under the U.S. Constitution provisions that were used to test the validity of the statute,. According to the Supremacy Clause and preemptive doctrine, Commerce Clause which regulates interstate commerce and the effects of interstate commerce test, the truck statute is unconstitutional. Steps to Filing a Civil Suit The first step to initiate a civil suit is filing a complaint in the proper court. The correct person must also be named in the suit. The plaintiff must provide a detailed description of what has happened to the defendant and must ask for legal for legal remedy. The next step is to issue a summons. This is a legal document that notifies of the suit and directing the defendant to appear in court. The defendant must be allotted a certain amount of time to respond to the summons. The defendant must then respond with an answer to the summons. The response must be written and filed with the court and served on the plaintiff. The defendant must then file a motion for judgment on the pleadings stating whether or not there is cause of action or if everything the plaintiff alleges is true. Next will be a motion to dismiss. This is usually filed by the defendant and can be filed at any time during the proceeding. The motion to dismiss can be based on the lack of evidence or subject matter jurisdiction. The defendant may or not file a counterclaim in which the defendant also sues the plaintiff and the plaintiff must respond in the same fashion as did the defendant. A request for admission is the next step in the civil suit process asking the other party to admit to certain facts. Next will be depositions – oral testimony of witnesses made under oath. A court reporter will be present during this process. It is made outside of the courtroom but before trial. A request for production required the other side to produce documents that have not already been given under the discovery rules. Lastly is a motion for summary judgment. This is when the moving party is entitled to judgment under the law and there is no issue of fact. These steps are all basic steps that are required when filing a civil suit. References Cheeseman, H. R. (2010). The Legal Environment of Business and Online Commerce (6th ed.). Upper Saddle River , NJ: Prentice Hall. N. Redlich, J. Attanasio, J. Goldstein, (2005). Understanding Constitutional Law (3rd ed.). Albany, NY: LexisNexis Matthew Bender.