State of Jefferson Synopsis

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Date Submitted: 04/21/2011 08:29 AM

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State of Jefferson 1

State of Jefferson Paper

Crystal Robinson

Bus 415 Business Law – Mauri Hawkins

April 4, 2011

State of Jefferson 2

Tanya Trucker is filing suit against Jefferson County to overturn the statute they have enacted which states that all trucks and towing trailers that use highways in Jefferson County must stop and have a B-type hitch installed on the trucks. There is no manufacturer that makes this B-type hitch except in Jefferson County therefore, truckers are forced to pay the cost of the B-type truck hitch to the Jefferson County manufacturer or take the longer route around Jefferson County.

Since Tanya is filing suit against Jefferson County the court that has jurisdiction over her suit is the state of Jefferson county municipal court or the federal court. The statute of the B-type truck hitch that this county has enacted is a formal written enactment of a legislative authority that governs a state, city, or county (BBC world service, 2010). Municipal courts preside over suits involving city or county ordinances and statutes. Tanya's suit is against Jefferson County if I were Tanya I would not take my chances in their state court. She should request for a change in venue because Tanya would get a fair and requital decision in the municipal court of Jefferson county because they would probably be in favor of their own statute. Tanya could request to have her case heard in Federal court since it involves a legislative law and the fact that the government has not initiated a similar ruling of the b-type hitches for all highways. The state court has the authority to decide if the statute of the B-type hitch rule is constitutional. But the federal court can assist Tanya in interpreting the validity of the statute compared to the federal constitution and the federal courts are the final decision makers on the laws regarding the constitution.

State of Jefferson 3

The Jefferson county statute of not...