B-Type Hitch Vs State Of Confusion

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State of Confusion The state of Confusion is requiring trucks and towing trailers use a B-type hitch that use the highways. The B-type hitch has only one manufacturer in the state of Confusion. Any truck driving through must have a B-type hitch or the truck will have to drive around the state of Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nation's highways. The state of Denial, which Tanya Trucker, owns a trucking company is not happy with the additional expenses the statute imposes on her business and intends to file suit against Confusion about the statute. The court jurisdiction, constitutional, provisions, prevail, and the stages of a civil suit will be covered in the…show more content…
Diversity of citizenship occurs when a lawsuit involves citizens of different states or citizens of a state and a citizen or subject of a foreign country (Cheeseeman, 2010). A federal court must decide the case because the plaintiff, Tanya is from the state of Denial, and the defendant is from the state of Confusion. The Federal court must apply the state of Denial's law regarding the B-type hitch. The suit must also exceed $75,000 for the federal court to hear the suit. Constitutional No, the state of Confusions statute is not constitutional. The federal government has not made any attempt to regulate the truck hitches in used on the highways is an example of dormant Commerce Clause. The federal government has the authority to regulate activities, which affect interstate commerce. The state of Confusion is unduly burden interstate commerce by only allowing a B-type truck hitch to be used in the state of Confusion. Provisions The commerce clause " To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes," (Cheeseman, 2010, p. 86) will be applied in the Federal courts decision. This clause has a big impact on business than any other provision in the Constitution. As stated before the state of Confusion is violating the Commerce…show more content…
If either party requests a jury, the trial will have a jury. The jury will be selected by a process called voir dire or to speak the truth. The trial has several stages. In the opening statements, the attorney for each party is allowed to summarizes the main facts and legal issues of the case, also describes why their client's position is valid. Then the plaintiff's case is burden of proof to persuade the facts of his or her case. Direct and cross examination will take place in the plaintiff's case. The plaintiffs attorney will examine ask questions of the plaintiff and the defendant. The defendant's case must rebut the plaintiff's evidence, prove any affirmative defenses asserted by the defendant and prove any allegations contained in the defendants cross-complaint (Cheeseman, 2010, p. 57). Rebuttal and rejoinder is the next step in a trial. The plaintiffs attorney can call witnesses and put forth the evidence to rebut the defense's case this is called rebuttal. Rejoinder is the defendant's attorney can call more witness and introduce other evidence to counter the rebuttal. Each attorney is allowed to make closing arguments at the conclusion of presentation of the evidence. The verdict is reached by the jury. In a civil case an appeal can be made by either party after the final judgment is

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