Business Law

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” (Cheeseman, 2010, p. 73). Interstate commerce has the ability to pass laws that regulate the behaviors of business.

Is the Confusion Statue constitutional?

The Confusion statue is not constitutional. The interstate commerce clause shows this in Article I, Section 9. Cheeseman, 2010 states, “No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another; nor shall vessels bound to, or from, on state, be obligated to enter, clear, or pay Duties in another” (p 87). This clearly shows that the state of Confusion cannot charge dues, the special hitch, to any other state such as the state of Denial.

What provisions of the U.S. Constitution will be applied by a court to determine the statute’s validity?

The federal government has the responsibility to enact safety requirements for vehicles, this includes trucks. Where Tanya Trucker followed all other federally regulated requirements the company should be allowed to travel through the state Confusion.

Is Tanya likely to prevail on her suit?

There are three fundamental steps to file a civil law suit:

1) Filing the petition,

2) Giving legal notice to the other party, and

3) Finalizing the matter in court.

Filing a Petition

The petition, which is filed by the Petitioner, is the Petitioner’s opportunity to tell the other

party, and the Court, what the Petitioner wants the Court to order.

The Petitioner is the person who started the lawsuit by filing the Petition, and who...