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Date Submitted: 06/23/2010 08:32 PM
State of Confusion
State of Confusion
Tanya Trucker intends to file suit against the state of Confusion because the “state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch (University of Phoenix, 2010).” This statute would adversely affect Tanya’s business’ profits, and she hopes to overturn the statute in a civil suit against the state. This paper will list the stages in a civil suit, determine which court has jurisdiction, and explore whether or not the Confusion statute is constitutional.
Stages of a Civil Suit and Jurisdiction
According to FindLaw (2009), there are seven stages of a civil case:
1. Starting the Case: Initial Court Papers
2. Fact-Finding and Discovery
3. Resolution Before Trial: Court Motions
1. Resolution Before Trial: Settlement / Alternative Dispute Resolution
2. Trial and Verdict
3. After a Judgment: Collecting Money
4. Appeals
FindLaw, 2009
Additional stages that Tanya must take in order to begin her suit may include finding an attorney who can represent her case, and getting the funds together to pay her attorney’s fees. With the help of her attorney she may be able to take the first stage of her civil suit, which is to start the case by filing the initial court papers in the state of Confusion. The next stage is the fact-finding and discovery in which the plaintiff’s case will be sent to a Federal District Court in the State of Confusion for review.
Deciding Constitutionality
The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statute is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion. The federal government has not made any attempt to regulate the...