State of Confusion should be filed in the Federal District Court. This case should take place in a Federal Court because the decree generates an impermissible trouble on interstate commerce. According to USlegal.com Interstate commerce refers to the acquisition, retailing or trade of merchandise, shipping of public, funds or merchandise, and routing of waters among diverse circumstances. Interstate business is regulated by the national administration as endorsed in Article I of the U.S. Constitution. The federal government can also control exchange in a situation when it has an effect on interstate progress of supplies and provisions and may strike down state proceedings which are obstacles to such movements (2012).
According to the Commerce Clause the state statute is unconstitutional because it is a burden on interstate commerce to the state of Confusion. This law prohibits B-type hitch fittings. Only one manufacturer in the state of Confusion makes this type of hitch. This creates problems such as expense, complications of trade, time consumption, and business transactions. Because of all these problems along with unconstitutional barriers through this statute, there is a significant chance that Tanya will win this case.
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).
I believe the Constitution did a better job of protecting liberties, specifically in the areas of the federal court system, representation of the people, and the levy of taxes. Alexander Hamilton, statesman and economist, proclaimed "Laws are a dead letter without courts to expound and define their true meaning and operation”. The Articles of Confederation which gave rise to the Confederation government that took effect in March 1781, did not give the national government any means to enforce the federal laws. The states could, and often did, choose to interpret or enforce federal laws in any manner they saw fit. This led to disputes amongst the states that could not be readily settled, as it relied on each state’s court system which invariably chose to discount the ruling of the other states.
Because the law of the foreign country is the only law that can be enforceable contracts are only as good as the backing of the country's backing and are only binding in that instance. A country can stop all transactions from that business if they file lawsuit on that country (Melvin, 2011). What factors could work against CadMex's decision to grant sublicensing agreements? An organization that has too many sublicensing agreements and does not have sufficient sub paragraphs could find difficulties enforcing the sublicensing agreement. The organization could experience lawsuits if any of the contracted workers have any problems and could leave the organization liable for damages When the local customs and laws conflict with the customs and laws of an organization operating abroad which should prevail?
Other issue is what country laws should be applied and whether any foreign judgment obtained might be enforced in the court of choice. The international countries laws are the laws that need to be taken into consideration because the United States law is only upheld within the United States and not international countries. When going into a contract with international companies the Unites States must make sure the international company can enforce the contract legally. The United States must also consider the cultural and ethical differences in business transactions. What factors could work against CadMex's decision to grant sublicensing agreements?
Their powers are delegated to them by the province in which they are located. * The legislative branch of government passes laws that impact on business operations. For example, when government enacts a law, failure to comply can result in fines and other penalties, including closure of the business. Ignorance of a law means that business loses out on opportunities to influence government policy and to take advantage of favourable laws. And failure to challenge laws that are unconstitutional means that business is needlessly
Within the way the United States runs all forms of commerce, the Constitution and the legal systems both regulate this process. Commerce is “the production, selling, and transportation of goods (…).” The Commerce Clause “grants Congress the power to regulate commerce with foreign nations, and
Aiu Online Campus Issues and Discrimination Instructor Sloan Letman Gwendolyn Lucas 8/18/2013 Abstract The Uniform Commercial Code has a lot of requirements, laws that govern not just in trading but within our country, but in trading internationally. There has been a question if we as a nation need to make some changes or updates. In the next few pages there will be answers to the questions. Issues and Discrimination Some laws when it comes to trading international, and if left alone there may be problems can arise and businesses would be discouraged, stop trading internationally, that would be the end. With saying this it makes it hard when deciding what effects the UCC has on international commerce and would
The opinion of the court pointed to three areas Congress may act under the Commerce Clause. The Supreme Court ruled that Congress can regulate the use of channels of interstate commerce, Congress is also empowered to regulate and protect instrumentalities of interstate commerce, or persons or things in Interstate Commerce, even though the threat may come from interstate activities, and Congress's commerce authority includes the power to regulate those activities having a substantial relation to interstate commerce. It is obvious that Congress had over reached with Gun-Free School Zones Act of