Bus 415: State of Confusion Paper

Running head: TANYA TRUCKER VS THE STATE OF CONFUSION

Leonard C. Anderson, Sr.

BUS 415

Professor: Frank Poe

February 26, 2012

University of Phoenix

TANYA TRUCKER VS THE STATE OF CONFUSION 2

Introduction

Tanya Trucker has decided to file a suit against the state of Confusion to overturn a statue that the state enacted that required all trucks and towing trailers that use its highways to use a B-type truck hitch. Only one company manufactures the B-type truck hitch and it is located in Confusion. This means that in order for a trucker to drive through the state of Confusion, he has to stop and have the B-type truck hitch installed. The only other option is to drive around Confusion. Four questions now need to be answered. They are

• What court will have jurisdiction over Tanya’s suit?

• Is the Confusion statute constitutional?

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

• Is Tanya likely to prevail on her suit?

What Court Will Have Jurisdiction Over Tanya’s Suit?

Tanya can file in both the state and the federal courts. They both have jurisdiction. However, Tanya would hardly want to bring a suit against the very state that enacted the status. Her best chance of winning the suit is to file the suit in federal court because of the Supremacy Clause which makes it clear that federal law takes precedence over state laws. If she was filing the suit at the state level as a part of a larger class action against the state, she might have a better chance. But as an individual going up against the state, she is better off relying on the jurisdiction that the federal court has in the case.

TANYA TRUCKER VS THE STATE OF CONFUSION 3

Is the Confusion Statute Constitutional?

The statue that Confusion enacted requiring that B-type truck hitches be installed on all trucks...