Summary of the case
Tanya Trucker, an owner of a trucking company, intends to file suit against the state of Confusion to overturn the statute requiring all trucks to use a B-type truck hitch.
The court that will have jurisdiction over Tanya’s suit
The United States Supreme Court will have jurisdiction over Tanya’s suit. This is because it has the mandate to determine whether a statute can cause any inconvenience to other states. It also checks for the validity of the said lawsuit. To reach its decision, the Supreme Court has to take several tests that have been applied throughout the history of the commerce clause. The court may apply commonsense in such situations to examine the course of the business. This will help to establish where interstate commerce ends and where local commerce begins. If the activity affects more than one state and has a significant impact on the commerce of the states involved, then Congress may be left to exercise control over it.
Tanya was concerned that the statute was undermining the operations of her business. To present her case, she will have to go to the United States Supreme Court where her case would be reviewed. It is here that decisions will be made on whether the statute enacted by the state of Confusion is meant for a good cause or not. At that point, the Supreme Court may also apply the commonsense approach to determine whether the statute is fair for Tanya’s and anyone else who was involved in the same kind of business.
Confusion statute; constitutional or not
The Confusion statute may not be constitutional since it is intrastate in character but greatly affects the commerce between the two states. Tanya owns a trucking industry. For her business to prevail, her trucks need to pass through the state of Confusion. Since the statute enacted by the state of Confusion requires that a new hitch should be installed to all the trucks passing through the state, Tanya has to pay an additional cost for her trucks to pass through the state. The only alternative left for Tanya is to go around the state. However, this involves high fuel costs hence her expenses will increase.
Provisions of the U.S. Constitution
To determine the validity of the statute enacted by the state of Confusion, the court will apply Article 1, Section 8, Clause 3, of the constitution that gives powers to the Congress to exercise control over such incidences. In the constitution, the word commerce is used to refer to any kind of business or activity that leads to monetary exchanges in any way among citizens of different states.
Congress also has control over the commerce that is pure social communications or interaction among citizens of the two countries. This includes communication via the telephone, radio, or even the simplest act of crossing over to the next state either to do business or for leisure. The Commerce Clause gives Congress the authority to control and regulate commerce to ensure that it eliminates any intense rivalry that may arise between two states. This is also done to ensure that the commerce between states continues freely without restrictions from other states (Ramaswamy, 1948).
The fate of Tanya’s suit
Tanya is likely to prevail on her suit since the court may determine the regional or national character of the reason for the regulation by weighing the interests of the nation against the interests of the individual state. Due to the fact that the interest of the state is higher than that of the country, the statute is thus regarded as unconstitutional since it affects the commerce of the states.
Judging by some of the case studies where the Supreme Court acted on a similar case, Tanya stands a high chance of winning the case. In a relatively similar case in Arizona, the state enacted a statute that rails transport. This statute was termed as unconstitutional because, as much as it was put in place as a safety measure to reduce the number of accidents, it has created an unnecessary burden on the commerce of the surrounding states. The initial intention was to reduce the length of the trains that passed through Arizona to reduce the rate of accidents but the overall effect of the statute brought about a commercial burden to the state.
The burden that came about enacting this statute is very similar to what Tanya is facing since every train entering the state had to stop for a while at the border and break up the long train into two. This also required that an additional crew be added to man the other half of the train since it is obvious that a train cannot drive on its own. This spelled additional costs of paying the crew and the costs of fuel. The court ruled out that the method led to more accidents, a factor that the statute was implemented to solve. This resulted due to an increase in the number of trains in the state. It weighed between the interests of the nation and the interests of the state. Furthermore, the cost of maintaining the statue was more expensive as compared to the normal running of the railway (Ramaswamy, 1948).
The stages of a civil lawsuit
There are eight stages in a civil lawsuit. The first one is the prefiling. This stage looks at three things; the personal jurisdiction, the subject matter concerning the jurisdiction, and the venue of the trial. First, the court determines whether the state has personal jurisdiction over the person or a subject matter jurisdiction. The personal jurisdiction will determine whether limits will be imposed on the person. It also checks whether there is sufficient minimum contact between the plaintiff and the state to determine the rights and duties of the defendant. The personal jurisdiction could either be specific or general (Mack, 2005).
The first stage is to determine the jurisdiction of the court on the matter. The second stage is pleading. A specific statement of allegations imposed on the defendant is read. Here, the defendant is assumed to be innocent until the court proves otherwise. The process of filing the complaint stops the statute of limitations. Preliminary motions may commence and before the accused answer the charges, he/she has a right to decide whether the site of the case is conducive for him/her. The court will then decide on whether the motion is feasible or not. the accused then has a period of one month to accept or deny the charges that have been laid against him/her.
The third process is the discovery process where facts are presented to reduce unfairness. All evidence collected must lead to prove beyond a reasonable doubt. The fourth process is where the summary judgment is given. The judge rules the motion only by the use of material facts. The judge can however deny the motion if the facts are disputed. The fifth stage is the trial process where a jury is selected and presents itself in the court. The opening statement is made, witnesses are called and the motion for judgment is given.
The sixth process is the post-trial motion that allows the judge to determine whether the jury gets its rights before the ruling takes place. The seventh process is the process of appeal. One has a right to appeal and the court does not hold trials but review decisions made by the lower courts. The last stage is the enforcement of the judgment where the ability of the defendant to pay is determined by checking his or her assets (Mack, 2005).
References
Mack, J. (2005). The Stages of a Civil Lawsuit. Maryland: University of Maryland Press.
Ramaswamy, M. (1948). The Commerce Clause in the Constitution of the United States. New York: Longmans, Green.