Business Law

The State of Confusion

April C. White

University of Phoenix

September 13, 2010

Alyson McCord

In the state of Confusion, a statute has been implemented requiring all trucking and towing trailers to use a B-type truck hitch. Due to the fact the hitch is only manufactured in Confusion, many truck drivers must stop and have the hitch installed when driving through Confusion. This has caused many delays and expenses for companies because the hitch must be installed or the trucker must drive around Confusion. Tanya owns a trucking company in the state of Denial. She wants to file suit against the state of Confusion to overturn the statute because it is unconstitutional. In this paper, there will be a detailed discussion as to where the suit will be filed, whether the statute is actually unconstitutional, what provisions will be applied to determine the statute’s validity, and whether it is likely Tanya will prevail on her suit.

Tanya could file her suit against the state of Confusion in either a state court in Confusion or in federal court. A state court does have the power to determine if the statute is indeed unconstitutional, but may have bias to uphold the law that have been set forth. The federal court is suggested because she is seeking an interpretation of the commerce clause of the federal constitution and the federal courts have the final say on the determination of the impact of the federal constitution. She would have to file suit in federal court as an unconstitutional restraint on trade or violation of the commerce clause of the United States Constitution and the Necessary and Proper clause. “The federal courts have jurisdiction to hear cases involving “federal questions.” Federal questions cases are cases arising under the U.S. Constitution, treaties, and federal statutes and regulations (Cheeseman, 2010).” “Federal courts can have jurisdiction over a case of a civil nature in which parties are residents of different states and...