...State Of Confusion Paper State of Confusion Paper This paper will be reviewing the case brought upon the state of Confusion by 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 who use its highways to use a B-type truck hitch. The problem is that Tanya Trucker would have to purchase these hitches to go through this one state or go around the state of Confusion. What Court will have Jurisdiction of Tanya’s Suit? Tanya Trucker resides in the state of Denial and she is placing suit against the state of Confusion. Therefore, the federal court will have jurisdiction over this case. Cheeseman (2010) states, “A case may be brought in federal court if there is diversity of citizenship” (p 12). Tanya Trucker could file suit in the federal court for violating the commerce clause of the constitution. “The commerce clause grants the federal government the authority to regulate interstate commerce” (Cheeseman, 2010, p. 73). The interstate commerce has the ability to pass laws that regulate the behaviors of business. Is the Confusion Statue constitutional? The Confusion statue is not constitutional. The interstate commerce clause shows this in Article I, Section 9. Cheeseman, 2010 states, “No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another; nor shall vessels bound to, or from, on state, be obligated to enter, clear,...
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...State of Confusion Paper Federal and state constitutions, administrative regulations and statutes are the primary source of applicable law in the United States (Enotes, 2010). In addition, the constitutional provisions affect how business is conducted in this country. The case in this paper deals with Tanya Trucker versus the state of Confusion. Tanya will rely on the American legal system to overturn the state of Confusion statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. After all, the U.S. legal system is one of the most comprehensive, fair, and democratic systems of law ever developed and enforced (Cheeseman, 2010). This paper will address the following: the court that will have jurisdiction over the case and why; whether the Confusion statute is constitutional; the provisions of the U.S. Constitution that will be applied by a court to determine the statute’s validity; and whether Tanya will likely prevail on her suit. Finally, the paper will conclude with the stages of a civil suit. “In most states, business and commercial disputes are heard by the same courts that hear and decide criminal, landlord-tenant, matrimonial, medical and malpractice, and other non-business-related cases” (Cheeseman, 2010). In the case of Tanya Trucker versus the state of Confusion, federal court in Confusion has jurisdiction over the case. The federal court has jurisdiction because of diversity of citizenship; Tanya owns a...
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...State of Confusion Paper University of Phoenix State of Confusion Paper Tanya Trucker, owner of a trucking company, is displeased with the new statute in the state of Confusion requiring trucks and towing trailers to have a B-type hutch installed to their vehicle. Unfortunately, this new hitch can be acquired only through one manufacturer in the state of Confusion, and vehicles that do not comply must take a route other than Confusion’s. This new statute will have a financial impact on trucking business throughout the country, especially Tanya Trucker’s business as it will incur additional expenses to comply with the statute. She plans to take legal action against the state of Denial for the stature to be reversed. Jurisdiction over Tanya’s Suit Tanya Trucker lives in the state of Denial; however, she is filing a suit against the state of Confusion. Because in this case, there are citizens of different states, the case may be brought to a federal court. This will result in a fair trial as the plaintiff or defendant will not have the upper hand in his or her individual state court. Cheeseman (2010) states “The reason for providing diversity of citizenship jurisdiction to federal courts was to prevent state court bias against nonresidents” (p. 41). The federal court, however, must use the applicable state law when making the judgment. Confusion’s Statute Confusion’s statute is unconstitutional as states should not impose fees over the ports of another. According...
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...State of Confusion Paper University Of Phoenix Business Laws BUS/415 August 17, 2011 State of Confusion Paper In the case of Tanya Trucker v. State of Confusion the U.S. District Court should have jurisdiction over the suit. The case involving the State of Confusion which imposed a statute that required all trucks and towing trailers that passed through the state to install a B-type hitch that is only manufactured by a company operating in the State of Confusion. This statute conflicts with the Commerce Clause which regulates interstate commerce thus should be heard in the appropriate U.S. District Court. U.S. District Courts hear cases involving federal questions and being that the statute interferes with the activities that affect interstate commerce that is federally regulated. The Supremacy Clause establishes that the Constitution, treaties, federal laws and federal regulations are the supreme law of the land (Cheeseman, 2010). State laws that conflict with valid federal laws are considered unconstitutional. The U.S. Commerce Clause gives the federal government the authority to regulate interstate commerce. This clause also allows the federal government to regulate activities that affect interstate commerce. Since the trucks would be passing through the State of Confusion it falls under interstate commerce regulation. The statute directly and substantially conflicts with the federal government’s authority to regulate activities that affect interstate commerce...
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...Individual Assignment: State of Confusion Paper 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 truck hitches used on the nation’s highways. Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statute imposes on her business. She intends to file suit against Confusion to overturn the statute. Write a 900- to 1,400-word paper addressing the following questions: o What court will have jurisdiction over Tanya’s suit? Why? o Is the Confusion statute constitutional? Discuss your legal reasoning. o What provisions of the U.S. Constitution will be applied by a court to determine the statute’s validity? o Is Tanya likely to prevail on her suit? Explain the reasons for your answer. o Set forth in detail the stages of a civil suit. 1. Whereas the states, by virtue of the tenth Amendment to the Constitution, have exclusive powers to regulate intra-state commerce, Article 1, Section 8, Clause 3 (referred to as the Commerce clause), of the Constitution...
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...TermPaperWarehouse.com - Free Term Papers, Essays and Research DocumentsThe Research Paper Factory Join Search Browse Saved Papers Search State Of Confusion Paper In: Business and Management State Of Confusion Paper State of Confusion Paper Many regulations are created in this country that limit people in doing certain things. These regulations and laws make this country safe, but it does not only apply to people they also apply to businesses and organizations within society as well. The case of Confusion versus Tanya Trucker scenario involves a trucking company and the state of Confusion. The main problem in this scenario is that the State of Confusion passed a law obligating all trucks and towing trailers that use its highways to use a specific truck hitch. This hitch has to be set up on every truck that wants to drive through Confusion. Any trucker that does not want to buy and set up this hitch has the option to drive around Confusion. Tanya the owner of the trucking company is unhappy about the new law that has been passed. Her trucks pass through Confusion many times, and one of her main beliefs is that this new hitch will become a very high addition to her company budget. Tanya has the alternative of driving around Confusion but the distance of travel is longer, would waste time and more expensive in gas. Tanya does not agree with this law and decides to file a lawsuit against the state of Confusion because the lawsuit is against a state law it will be held in...
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...State of Confusion Paper Many regulations are created in this country that limit people in doing certain things. These regulations and laws make this country safe, but it does not only apply to people they also apply to businesses and organizations within society as well. The case of Confusion versus Tanya Trucker scenario involves a trucking company and the state of Confusion. The main problem in this scenario is that the State of Confusion passed a law obligating all trucks and towing trailers that use its highways to use a specific truck hitch. This hitch has to be set up on every truck that wants to drive through Confusion. Any trucker that does not want to buy and set up this hitch has the option to drive around Confusion. Tanya the owner of the trucking company is unhappy about the new law that has been passed. Her trucks pass through Confusion many times, and one of her main beliefs is that this new hitch will become a very high addition to her company budget. Tanya has the alternative of driving around Confusion but the distance of travel is longer, would waste time and more expensive in gas. Tanya does not agree with this law and decides to file a lawsuit against the state of Confusion because the lawsuit is against a state law it will be held in a Federal District Court. In the U.S. Constitution under Article III, Section two states that the federal court has jurisdiction over civil cases between citizens of different states (U.S. Const., article. III, s 2). At...
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...State of Confusion Paper With the state of Confusion requiring trucks and towing trailers to use a B-type truck hitch on its highways, Confusion the only state that manufactures such a hitch, naturally Tanya is not happy that she must install the hitch or drive around the state. As she determines to file suit against the state of Confusion to overturn the statute, she may find value in reviewing certain points. First, Tanya should determine what court will have jurisdiction over her suit and why. Furthermore, she must determine if the Confusion statute is constitutional, based on legal reasoning. Next, a review of a U.S. Constitutional provision will assist in determining the validity of the statute. Ultimately, these points may show if Tanya is likely to prevail on her suit. Finally, an illustration of the stages of a civil suit can assist in determining if Tanya should continue filing suit against the state of Confusion. Jurisdiction of Suit Because this suit would involve two states, the question of state jurisdiction comes into play. The state of Confusion would be one party in the suit, and Tanya’s business would represent her state of Denial. In such a case, a state’s court may tend to side with its party, and therefore, along with substantial monetary damages Confusion’s statute may create for many individuals, even in the state of Denial alone, the Federal court would have jurisdiction. Constitutionality of Statute Based on the definition of the term statute...
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...State of Confusion Paper Tanya Tucker owns a trucking company in the state of Denial. She is extremely frustrated because of the statute that is in place in the state of Confusion. 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 made by only one manufacturer located in the State of Confusion. Tanya’s truck drivers are facing issues when they drive through the state of Confusion because they do not have the required hitch. Tanya also does not want all of the additional expense in purchasing these hitches so her truckers can drive through the state of Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nation’s highways so this is an interesting case as Tanya is prepared to file a civil lawsuit. What court will have jurisdiction over Tanya’s suit and why? According to the United States Constitution, this particular case would fall into a federal court type of system. Another interesting fact with this is that the state of Confusion is the only state that is trying to force this type of statute. If there were interstate type statutes like this one, the case could potentially fall in to the Supreme Court’s lap at some point too. As for now, this case will most likely be heard by the United States district Court along with the United States Appellate Court when the appeals are taking place. Is the Confusion statute...
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...Renee A. Matthews Business Law BUS/415 Version 8 State of Confusion Paper Professor Stacy Mealey Article III, Section 2, of the U.S. Constitution sets forth the jurisdiction of federal courts. Federal Courts have limited jurisdiction to hear cases involving Federal questions and diversity of citizenship as read in Chapter 3. The federal courts have jurisdiction over cases dealing with federal questions which are cases that are under the US Constitution, treaties, federal statutes and regulations. There is no limit on the dollar amount on cases that are assigned to federal court. When it comes onto diversity of citizenship, cases are brought to the attention of thee federal court which is to protect from court bias. Federal Courts has full jurisdiction over cases dealing with federal crimes, antitrust, bankruptcy any suits against the United States. According to Chapter 3 State Courts has jurisdiction over cases that federal court do not have jurisdiction to hear. It usually involves state law. The state of Confusion requires all trucks and towing trailers that use its highway to use a B-type truck hitch. It is manufacturer by only one company in Confusion. In order to drive through Confusion the new statute requires that each truck and or towing trailer uses a B-type truck hitch. Tanya Trucker, is the owner of the trucking company and feels that the new statute is unfair. Tanya wants to sue Confusion for the extra expenses that her company would incur...
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...State of Confusion Jacquie Brown BUS415 September 19, 2011 Rosalie Drawbaugh State of Confusion Paper This is a case between Tanya Trucker in the State of Denial and the B-Type truck manufacturer in the State of Confusion. The case involves Tanya’s dislike of the statute set forth in Confusion that requires anyone wishing to drive through Confusion to be required to install a B-Type hitch. Since the hitch is manufactured by only one supplier in Confusion, every truck that needs to drive through Confusion must first stop at this supplier to purchase a hitch or endure the added expense and drive around the State of Confusion. Tanya Trucker, who owns a trucking company in the State of Denial, is opposed to this statute and plans to sue in order to have the statute overturned. Because the government has no laws regulating the use of the truck hitches on the nation’s highways, it is legal for the State of Confusion to impose their statute as such. * What court will have jurisdiction over Tanya’s suit? Why? * Tanya can bring her case before a Federal Court. Because of the Diversity of Citizenship law, citizens of different states or citizens of a state and those of a foreign country, the case can be brought in Federal Court. Diversity of citizenship cases are used to maintain lawsuits that involve a nonfederal question (Cheeseman, 2010)...
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...State of Confusion Paper BUS/415 There are several stages to a civil lawsuit. The first stage is Pleadings. This starts off with the original court documents and involves one party that files the complaint. These documents state the initial plaintiff’s argument or case against the other party, also known as the defendant. This allows the defendant to have knowledge of the plaintiff’s facts amid legal grounds of their claims. At times when suing another party they may arise to suing you back, if in that case such a situation occurs, you will then fight back in court while also trying to defend yourself. Then a counterclaim can be filed by the defendant if they have an independent claim against the plaintiff. The second stage is Discovery. This includes depositions which entails the parties of deposing or interviewing under oath before the start of the trial. There are a few types discovery. One is written discovery which has its own two forms; Interrogatories and Requests for admission. Interrogatories are the questions that in your own version of the claims. Requests of admission mainly ask the party to deny or admit to the facts stated in the claim. Penalties can come about if not answered, or answered if false manner. Discovery can also include subpoenas from the court ordering individuals or organizations to produce certain documentation, interview under oath, or answer any written questions which would be the second form of discovery. The third is depositions. This...
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...Introduction Law is all the rules of conduct established and enforced by the authority, legislation, or custom of a given community, state, or other group. Statute law is a body of law comprising of written laws enacted by a legislative body. It differs from case law originating from decisions of the appellate courts, and constitution law, which is based on the U.S. Constitution. State legislatures enact state statutes. Statutes attempt to lay out the ground rules of the law, and when disputes arise, state and federal courts interpret the statutes more clearly. The Supremacy Clause establishes that the federal constitution, treaties, federal laws, and federal regulations are the supreme law of the land. State and local laws that conflict with valid federal law are unconstitutional. Congress may designate a federal statute regulate a specific area or activity. No state or local law regulating the activity is valid if there is such a statute. (Cheeseman 2010) The state of Confusion enacted a statute requiring all trucks and towing trailers to use a specific truck hitch when using its highways. The required truck hitch can only be purchased in Confusion from its sole manufacturer. A trailer hitch is made up of two parts, a trailer knob and a coupler, or bowl socket. The trailer hitch ball is a metal ball that is mounted on a base. This ball is cast or machined from solid steel, and it usually is completely round, with a flat section on the top. The hitch ball comes in several...
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...Organizational Behavior Forces MGT/307 Organizational Behavior Forces The first organization we examine is the Guardsmark Corporation. This organization is an international security contractor that provides security related services to its clients in the form of security officers to safeguard the assist and employees of each client. Based in New York, Guardsmark has clients in every state of the union and in five different countries. This privately held multimillion-dollar corporation has accomplished this by strong promotion of its mission statement, a focus on customer satisfaction, and superior service over its competition (Lipman, 2006). The Guardsmark mission statement must be read and signed off on by every employee each year. In the mission statement, Guardsmark devotes the company to quality service, integrity, continual improvement, and superior conduct by all of its employees (Lipman, 2006). Guardsmark also provides a company code of ethics, and sexual harassment policy that accompanies the mission statement. All employees also sign these documents yearly. These organizational commitments give the employees a working environment that they can feel relaxed in as well as a voice in the event of issues that may arise. These statements are not just created and hidden but rather displayed and purposefully made known to all employees. This helps retain employees in a market where external companies with higher paying positions would try to employee Guardsmark...
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...Running head: STATE OF CONFUSION PAPER State of Confusion Paper Debra Brown University Of Phoenix Bus. - 415 Business Law SB09BSB10 Mr. Mark Oertel October 13, 2010 State of Confusion Paper This paper will attempt to analyze the case which has been brought upon the State of Confusion by Tanya Trucker, who has a trucking company that she owns in the State of Denial. According to the scenario, “The state of Confusion has enacted a statute requiring all trucks and towing trailers that uses its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion” (University of Phoenix, 2010). In order for Tanya Trucker to operate her trucking businesses, she would have to buy the hitches in Confusion were they are manufactured by only one manufacturer; in order to go through this one state, or go around the State of Confusion. Even though Tanya Trucker knows that interstate trucking is a huge and profitable business, and could possibly inflict an economic hardship not just on her company in Denial, but on many others trucking companies that want to go though the State of Confusion, but can’t because the manufacture of the (B-Type) truck hitch is only located in the state of Confusion. Therefore, Tanya Trucker has decided to file a lawsuit against the State of Confusion. She feels that the statue is unconstitutional, and may cause problems not just for her living in Denial, but for other out of state truck drivers as well...
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