Woring Hard

Individual Assignment: State of Confusion Paper

These new regulations affected Tanya who intent to file a lawsuit against the state of Confusion. These regulations are unconstitutional and cause a burden for out of state drivers because the manufacture of the hitch is in the state of Confusion. Both the Federal and state court has jurisdiction over Tanya’s suit. Tanya should file with federal court because the courts have the final word and they’ll interpret the law. Filing a suit with the state court can be risky because they may have bias to uphold their state law.

Due to the fact that the two parties are based in different states (called "diversity of citizenship"), the court that has jurisdiction is the U.S. District Court over the states of Denial and Confusion.   It will more than likely not be the U.S. Supreme Court because it is rare for them to have original jurisdiction over its cases.

Is the Confusion statute constitutional? Discuss your legal reasoning.

      No; because in this case the Confusion statute is unconstitutional. This is due to it violating the dormant commerce clause. This particular clause declares that states cannot implement intrastate commerce regulations that place a “substantial burden on interstate commerce,”; and that is exactly what Confusion’s regulation does.

What Court will have Jurisdiction of Tanya’s Suit?

Tanya Trucker resides in the state of Denial and she is placing suit against the state of Confusion. Therefore, the federal court will have jurisdiction over this case. Cheeseman (2010) states, “A case may be brought in federal court if there is diversity of citizenship” (p 12). Tanya Trucker could file suit in the federal court for violating the commerce clause of the constitution. “The commerce clause grants the federal government the authority to regulate interstate commerce”

The interstate commerce has the ability to pass laws that regulate the behaviors of business.

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