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State of Confusion Paper

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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, legal reasoning exists to say that Confusion’s statute seems to be constitutional. According to Merriam-Webster’s definition, a statute is “a law enacted by or by the authority of the supreme legislative branch of a government: the written will of a legislature expressed with all the requisite forms of legislation as distinguished from the common or unwritten law” (Statute, 2010, p. 1).

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