State Of Confusion Analysis

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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. Therefore, she plans to file a lawsuit against the state Confusion in hopes of overturning the statute.…show more content…
Confusion and the manufacturer of the B-type truck hitch clearly have a monopoly with this product and are taking advantage of its financial gain to the state. That being said, the state of Confusion could be in violation of interstate commerce laws. Interstate commerce involves business that travels between states or affects business between states. The Commerce Clause gives the federal government the power to regulate interstate business (Cheeseman, 2110). The state of Confusion enacted a law to control commerce that the federal government had not regulated for some time. However, Confusion’s regulation cannot improperly inconvenience interstate commerce because it would be unconstitutional. Tanya Trucker’s Road to Succeeding Tanya Trucker’s likelihood of prevailing in this case is optimistic. The fact that Confusion is executing an unconstitutional act by initiating a statute to require B-type truck hitches on their roadways gives Trucker a legal advantage to succeed in a civil suit. The State of Confusion would have to generate a constitutionally valid reason for requiring B-type truck hitches not only in their state, but also on all national roadways. Stages of a Civil…show more content…
There are several stages involved in civil lawsuits. The first stage is the filing of the initial court papers known as pleadings. The pleadings encompass the particulars of the case and include the complaint, the summons, the defendants answer, and if applicable the counterclaim, the reply to the counterclaim, as well as a cross-claim and the answer to the

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