State of Confusion Paper

State of Confusion Paper

Businesses, organizations, and individuals are subject to laws in the U.S. U.S. laws can be found in the U.S. Constitution, state constitutions, treaties, federal and state statues, ordinances, administrative agency rules and regulations, and judicial decisions by federal and state courts (Cheeseman, 2010). The State of Confusion enacted a statue that is imposing additional expenses to out of state businesses. The statue requires all trucks and towing trailers that drive thru the State of Confusion to use a B-type truck hitch. The alternative would be to drive around Confusion. The State of Confusion is the only place this hitch is manufactured. The federal government has not changed regulations on hitches used on U.S. highways. Tanya Trucker intends to file suit against Confusion to overturn the statue (University of Phoenix, 2011).

Jurisdiction

The court that will have jurisdiction is the U.S. Federal District Court. The Federal District Court has jurisdiction because Tanya's suit involves a federal question. The district courts have general jurisdiction of all civil actions that rise under the U.S. Constitution, treaties, and federal statutes (Cheeseman, 2010).

Confusion statue constitutional

The Confusion statute is unconstitutional. It is violating the antitrust law. The antitrust law was made to protect trade and commerce from unfair restraints (Findlaw, 2011). The statute also violates the Commerce Clause and imposes an undue burden on interstate commerce (Cheeseman, 2010). The statue requires that all trucks and towing trailers that go through the state use a B-type hitch. This law is forcing truckers to buy a hitch that has only one manufacture and it is located in the State of Confusion. The federal government has not attempted to change the nation's regulations on hitches. States have the power to enact laws, but the law cannot unduly burden interstate commerce (Cheeseman, 2010). This statute is causing a financial burden on truckers nationwide. Therefore, Tanya is likely to prevail.

Stages of a Civil suit

There are several stages in a civil suit. The beginning of a lawsuit is called the litigation process. The phases of the litigation process are pleadings, discovery, dismissals and pretrial judgments, and settlement conference. The pleadings phase is the paperwork that is filed to start a lawsuit. The complaint, the answer, the cross-complaint, and the reply are pleadings. When starting a lawsuit the plaintiff will file a complaint with the court that has jurisdiction. The complaint will name the parties involved, state the legal claims of the lawsuit, and contain a prayer for relief. After the complaint is filed the court will issue a summons. Then the complaint and summons are served on the defendant (Cheeseman,