State of Confusion
State of Confusion
The federal and state courts have different jurisdictions dealing with lawsuits depending on the stipulations of the lawsuit. Jurisdiction will be decided by the state or federal courts depending on the circumstances of a lawsuit. First, I will give a brief overview of a potential lawsuit between a trucker and the state of Confusion. Second, I will discuss why the jurisdiction of this case falls under the federal court or the state court. Third, I will discuss whether the statute in the state of Confusion is constitutional and give legal reasoning explaining why the statute is constitutional or not. Fourth, I will discuss the provisions of the United States Constitution that will be applied by a court to determine the validity of the statute. Fifth, I will discuss whether the plaintiff will win or lose the lawsuit. Finally, I will explain the stages in a civil suit.
In the state of Confusion there is a law requiring all trucks and towing trailers have to use a B-type truck hitch to travel on the state roads. This law is causing problems for out of state trucking companies traveling through the state because other states do not have regulations on truck hitches. To drive through the state of Confusion the truckers have to have the hitch installed by the manufacturer in the state or drive around the state. Because the federal government has not made any attempt to regulate truck hitches on nation’s highways. Tanya, a trucking business owner from the state of Denial, is not happy about the extra expenses this statute is costing her business she intends on filing a lawsuit against Confusion to overturn the law.
The federal court has jurisdiction in Tanya’s lawsuit against Confusion. One reason is there is a diversity of citizen ship which is lawsuit involving parties from different states because Tanya lives in the state of Denial and is filing a lawsuit against the state of Confusion (Cheeseman, 2010 p.41). Second, Tanya is a questioning if the law is constitutional making the case a federal questions case which is a case arising under the United States Constitution, treaties, or federal statutes and regulations (Cheeseman, 2010 p.41). In addition, Tanya’s case is dealing with interstate commerce which is regulated by the federal government. The commerce clause gives the federal government the power to regulate intrastate commerce so any county or state laws that affect interstate commerce would be dealt with in a federal court.
Confusion’s law forcing truckers to use a B-type hitch to hall trailers through the state on state roads in unconstitutional. The reason this law is unconstitutional is the law conflicts with the federal government’s guidelines on interstate commerce. The law inhibits truckers from traveling on state roads because their vehicles do not have a B-type hitch, which unduly burdens interstate commerce though the state. Unduly burdening