State of Confusion

State of Confusion Paper 

Tyrone L. Groce

MGT/415 Business Law

Instructor: George Williams

September 27, 2010

State of Confusion Paper

When trucks towing trailer travel through the state of Confusion they required to have and use a B-type truck hitch. Unfortunately for out of state truckers this particular hitch is made only in the state of Confusion. Truckers traveling through the state towing trailer either have the hitch attached or they are fined. Until recently truckers conformed to the state of Confusion’s statute even though it cost them money and the state was the only to require the B-type hitch. The Federal government has not or just blatantly refused to make any attempts to regulate the types of hitches required on the nation’s highways. A private truck company owner Tanya Tucker, who owns a truck company based in the state of Denial has decided she has had enough and has plans to file suit against Confusion to overturn the statute.  

Court Jurisdiction

One of the biggest hurdles Ms. Trucker will have to overcome will be determining who has the jurisdiction over her suit. Some of the major considerations she may have to take into account are Ms. Trucker is not a resident of Confusion. Though this does not a huge bearing the suit it must be taken into account. Even though Ms. Trucker is a resident of Denial, Denial’s courts will not have jurisdiction concerning her suit. Because the statue was in Confusion, Denial has no jurisdiction over the statue. The statue is a state law, means the federal government will allow the state courts to handle any suits brought against the suit. Ms. Trucker will be able to bring her suit against the state, but it will be handled in the Confusion’s state court.

The statue states all trucks towing trailers through the state of Confusion will use the B-type hitch, which is only made in Confusion. All states have their own but they do not supersede the United States Constitution. Most state...