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State of Confusion

Autor:   •  March 5, 2012  •  Essay  •  757 Words (4 Pages)  •  1,521 Views

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State of Confusion

Based on the findings of the Common law system Tanya Tucker will argue that her company should not have to purchase new hitches for her trucking company. This essay will exam how both parties, the plaintiff and the defendant state their case before the judge.

What court will have jurisdiction over Tanya's suit?

The state court will have authority over Tanya’s suit. Why? The state court system basis it’s ruling with attention on the claim of the Common Law system. The court is composed of a two-sided argument of a plaintiff and a defendant. Both parties gather all of their documents to prove case before a judge. Each case is ranked on a three-tiered structure based on importance. This means that any law weather federal, state, or local that conflicts with the U.S. Constitution is unconstitutional and, therefore, unenforceable. (Cheeseman)

Is the Confusion statute constitutional? The statute is not constitutional the federal government has not made any effort to legalize the truck hitches used on the nation's highways. Discuss your legal reasoning. The constitution has the power to enact the law, enforce the law and the power to interpret and determine the validity of the law (Cheeseman).

What provisions of the U.S. Constitution will be applied by a court to determine the statute’s validity? That would be the Commerce Clause, the U.S. Constitution grants Congress the power to regulate commerce with foreign nations, and among the several states, and with Indian tribes. (Cheesman).

Is Tanya likely to prevail on her suit? Explain the reason for your answer. Yes, Tanya will prevail on her accusation because of the opposite party. The federal government has not made any effort or attempt to control the truck and hitches that are used on the nation’s highways. There was no law that supports this statue according to the Commerce clause. When it comes to the width and weight of the trucks the state laws are valid.

Set forth in detail the stages of a civil suit. Demand letter the first step in many civil lawsuits is for the lawyer to send a private demand letter outlining the victim legal crimes and harm suffered. Next is the complaint if a demand letter does not resolve the case, or if one is not sent, a complaint is filed. Third once the lawsuit has begun, both sides may require depositions of anyone with relevant information, including the victim and the offender. Finally the

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