The first stage in filing a civil suit begins with the pleadings. The pleadings are the necessary paperwork needed to initiate and respond to a lawsuit. The pleadings consist of the complaint, answer, cross-complaint and reply. The complaint part of the pleading here the plaintiff states why he is filing the suit against the defendant. The complaint leads to a summons being served to the defendant.
State of Confusion The state of Confusion has promulgated a statute necessitating all trucks and towing trailers that travel its highways to use a B-type truck hitch. As a result of this statute, any trucker who wants to drive through Confusion must stop and have the new hitch installed or drive around Confusion. Moreover, only one manufacturer in Confusion produces this hitch. The federal government has not made any effort to standardize truck hitches being used on highways in the United States. Tanya Trucker owns a trucking company in the state of Denial and is not happy about the added expense this statute forces on her business.
Adjudication Types A. Formal 1. Adjudication is similar to a court trial. It is the way that agencies decide on situations brought forward for review. Review will take place until a fair decision can be made.
The discovery stage is next, where the parties will try to find evidences, which will be presented against each other or on each side. Questions are asked by each party in writing from each other, which is process through the legal document known as interrogatories. The questions or findings may also be done through oral counseling, known as deposition. When the discovery process is complete the defendant will file a motion of summary judgment. This will allow the defendant to reject the case, due to not enough evidences to support the claim presented by the plaintiff.
State and local laws that conflict with valid federal law are unconstitutional. ..any state or local law that directly and substantially conflicts with valid federal law is preempted under the Supremacy Clause” (Cheeseman, 2010, pg. 70). Combined with the Supremacy Clause to support Dixon Trucking Co. litigation is the Commerce Clause. The clause authorizes the federal government to regulate commerce which has a huge impact on business than any other provision within the Constitution (Cheeseman, 2010).
The first discovery is interrogatories, which is allowing one party to answer questions under oath to describe to exactly what happened from his or her perspective. Then there is a request for admission by one party to admit or deny that the paper work the two parties agreed on is true. For example if when the plaintiff attorney is asking the defended if they owe the plaintiff any certain amount of money. Another discovery is the request to produce or inspect. This paper work allows each party to view one another documents along with physical property to the lawsuit.
In one decision, the Court held that regulations that deprive a person of all ability to develop or utilize his or her property for any economic purposes goes too far and requires just compensation. Another line of Supreme Court cases establishes that if the government effects a permanent physical invasion of the person's property, for example by requiring the owner to allow public access to the property, this constitutes a taking. Absent one of these two circumstances, however, the Court has said that the question whether a regulation goes too far is a contextual, ad hoc determination that involves the weighing of a number of factors. Foremost among these factors is the magnitude of the regulation's economic impact and the degree to which it interferes with legitimate property interests. A particularly important issue that has been raised is whether a person who acquires property after the institution of the regulatory regime should have any claim whatsoever.
Again, the most obvious function of appeal court is to correct errors”. If the trial judge has “goofed” in stating the law, applying the rules of evidence, or instructing a jury, etc, then the lawyer from the wronged party can bring the matter(s) before the appeal panel, demonstrate the matters of error, and receive the appropriate solution. Appeal courts basically have four options when deciding on the right remedy of an appeal. First, it can dismiss the the appeal and uphold the trial decision. Second, it can allow the appeal and reverse the trial decision.
Ms. Trucker’s lawyer will then conduct research against the plaintiff’s case, which will be sent to a Federal District Court in the State of Confusion. The
● According to the 14th Amendment and the Commerce Clause, it is the duty of the Federal government to provide free IDs to citizens so as to ensure that all have equal access to interstate commerce. Conclusion: Voter ID laws are a form of suppression which lead to to significant burdens for eligible voters trying to exercise their most fundamental constitutional right. Therefore, any state who chooses to implement these laws are breaking the