State of Confusion

The State of Confusion Paper

Travis K. Hill

BUS 415

November 21, 2011

Lisa Johnson

The State of Confusion Paper

Tanya Trucker wishes to file a suit against the state of Confusion for something she believes to be unconstitutional. Within the state of Confusion they have place a law in effect that states all commercial vehicles traveling through the state have a class B style hitch. Of which there are not any federal regulations on this particular hitch being used over the road. Tanya wishes to file suit in order to overturn the statute so that this expense is not hurting her business. There are a few steps in order to get the suit going for her claim though. Tanya needs to find out which court will have the jurisdiction over the suit, the reason that she believes the statute is unconstitutional, what might help her case within the original constitution, and the steps in which the suit will happen so that Tanya will be prepared.

Jurisdiction

Tanya Trucker decides to file the suit in order to make a difference in the company expenses, of which with the statute in Confusion she has to replace the hitches on her company trucks or go around the state of Confusion. Which court system can she turn to in order to overturn the statute that she finds to be unconstitutional. Tanya must file the claim in the federal court system. The suit will be placed under unconstitutional restraint on trade, or violation of the commerce clause, and the necessary and proper clause. These claims can be fought and probably validated in the federal court system, because they will go against the United States Constitution.

Reasoning and Help for the Case

Now that Tanya knows the court to file the suit with, she needs to find the reason that this case will have a valid argument before the court, so that she can provide evidence of why this is unconstitutional. One reason that this statute is unconstitutional is that the only place of which that manufactures the hitch is in the state...