Bus 415 - State of Confusion Paper

State of Confusion Paper

University of Phoenix

Business Law

BUS/415

April 16, 2011

State of Confusion Paper

Tanya Trucking, out of state trucking company, files suit against the State of Confusion for requiring a Cabonite Super Enhanced (CSE) trucking hitch to be used on their state highways. At this time, the federal government does not regulate the truck hitches used on the nation’s highways (University of Phoenix, 2010). The state of Confusion created the statute to regulate the trucking industry by enforcing all trucks and towing trailers to use the CSE hitch, which protects or promotes the public health, safety, morals, and general welfare on state highways (Cheeseman, 2010). However, the CSE hitch is only manufactured in the state of Confusion causing an extra expense to all truckers. Therefore, Tanya’s trucking company needs to decide what court will have jurisdiction over her suit and if the state of Confusion statute is constitutional. Then Tanya will examine the stages of the civil suit to determine if she should proceed with filing suit against the state of Confusion.

Jurisdiction of Suit

The question of state jurisdiction comes into play because Tanya’s trucking company resides in the state of Denial, and the statute was created in the state of Confusion. According to the term venue, the lawsuit would be heard by the court that has jurisdiction nearest to the location in which the incident occurred or where the parties reside (Cheeseman, 2010). However, in this case, a state’s court may be inclined to side with the state statute, which will cause monetary damages for many out of state trucking companies. Therefore, Tanya’s trucking company can bring the suit involving concurrent jurisdiction to the federal court where the case will remain (Cheeseman, 2010).

Constitutionality of Statute

The U.S. Constitution gives Congress the authority to standardize commerce between the states, which is the Commerce Clause. This clause has the largest effect on business than any other provision in the Constitution because it gives permission to the federal government to regulate commerce (Cheeseman, 2010). However, at this time, the federal government does not regulate truck hitches used on the nation’s highways (University of Phoenix, 2011). Therefore, allowing the states to enact laws or statutes regulating the commerce within their own states, which the Constitution supports.

Validity of Statute

The statute may be constitutional; Tanya’s trucking company will to have to prove