State of Confusion Paper Business Law

Abstract

The State of Confusion enacted a ruling requiring all trucks and towing trailers that use Confusion highways are required to use a B-type truck hitch. This hitch is manufacture by only one manufacturer in Confusion and no other states. In result the drivers have the choice to drive through Confusion, but it obligated to stop and have a new hitch mounted on for safety, or drive around Confusion. The federal government has not made any effort to regulate the truck hitches used on the nation’s highways and make it mandatory. Tanya Trucker, who owns a trucking company in the State of Denial, is extremely upset about the additional expense and costs this statute inflicts on her business. Tanya is losing money due to the new regulation. Therefore, she intends to file a suit against Confusion to overturn the act.

State of Confusion Paper

The Court that will have jurisdiction over Tanya Trucker’s suit, the suit will go to the Federal District Court because it has experienced dealing with Interstate Commerce. The Federal District Court also has jurisdiction over variety of citizenship lawsuits. The Commerce Clause gives the federal government the authority to regulate interstate commerce. The act requires all trucks and towing trailers to use this B-type truck hitch in the State of Confusion. This law is causing problems and concerns in the interstate commerce.

Unconstitutional Statute

Studying Tanya’ case statute is unconstitutional based on the following reasons; Dormant Commerce Clause is when the government has not made any effort to normalize the truck hitches used on the nation’s highways. Also can be considered unconstitutional under the provision of an antitrust violation where only one manufacturer in the State of Confusion can make this product. Since the organizations are the only ones who can make the B-type hitch the company becomes a monopoly. Therefore, it does not open boundaries for competition with different types of...