Bus 415 State of Confusion

Week 2 State of Confusion Paper

Michelle Wilson

BUS/415

April 23, 2012

John Cross

In this paper I will be going over the issues that are held with the state of Confusion and Tanya Trucker who owns a trucking company in the state of Denial. The state of Confusion has enacted a statute requiring all trucks and towing trailers that use the highways to use a specific type of truck hitch. This hitch is only made by one company in the state of Confusion. The statute states that anyone traveling through the state of Confusion must stop by and have this new hitch installed or just drive around the state. Tanya is upset with this statute because it adds extra cost to her business. Tanya is going to file suit against the state of Confusion to have the statute overturned, because the new rule about requiring all trucks to use B-type truck hitch on their highways is affecting Tanya Trucker’s business and putting an added expense on her business as well.

Due to the fact that the manufacturing company of the B-type hitch is out of state of Confusion. Tanya’s lawsuit would have jurisdiction in the state and federal courts even though Tanya Trucker would also need to file the lawsuit within the states. Ultimately, it is the federal court that will make the final decision. Since Tanya Trucker, a resident of Denial state, is filing a lawsuit against the state of Confusion, the Federal Court will overrule this decision. It can only be presented to the federal court when there is citizenship diversity. The commerce clause grants the federal government the authority to regulate interstate commerce. I am leaning more towards this case being a civil case because both the parties, Tanya Trucker and State of Confusion, are private. Civil Court will deal with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. In the civil court, the plaintiff Tanya Trucker can charge State of Confusion in civil...