Business

State of Confusion Paper

Jakina Griffin

BUS/415

Douglas Edmunds

University of Phoenix

1) What court will have jurisdiction over Tanya’s suit? Why?

In reviewing the case and others similar to this one, Tanya’s case will have jurisdiction to file in federal court if her case is filed as an unconstitutional restraint on trade or violation of the Commerce Clause. The Commerce Clause refers to Article 1, Section 8, and Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes (United States Constitution). Tanya’s suit wants to over turn the statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch that the state of Confusion enacted.

2) Is the Confusion statute constitutional? Discuss your legal reasoning.

The Confusion statute is unconstitutional because of the restraint on commerce between states. Confusion requires a special type of hitch to be used in order to drive through. That involves purchase of parts and installation fees for trucks to operate within the state. This statute is not required in any other state. The federal government regulates and mandates safety requirements for vehicles and trucks. The state of Confusion has not stated the validity for using or needed a B-type trailer hitch. It is merely for profiting.

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

The provisions of the U.S. Constitution that will be applied by a court to determine the statute’s validity is, Article four, section one, Each state to honor all others. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state; and the Congress may by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Section 2, the citizens...