A state of confusion statue requires that all the trucks and trailers using the state’s highways use B-type hitches. This decision is oppressive among the parties involved in this business. Tanya’s Company is one of the businesses which are under the affects of this statue. This essay analyzes Tanya’s claims and if the company should proceed to file a civil suit. The essay begins by looking at the court that has jurisdiction over this case, and whether the statue of confusion statue is constitutional. The essay then proceeds to analyze the provisions in the U.S. Constitution, which will determine the decision on this case, and whether Tanya is likely to succeed in this case. Finally, the essay looks at various stages involved in civil suits similar to this.
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In the U.S., several states use statues to control or regulate various departments that control state affairs,, such as roadways and parks. For this reason, the state of confusion provides that the trucks, as well as trailers should use a “B-type hitch”. Thus, they will be qualified to use the highways. After the state imposed this statue, most truckers see it to be an extra expense, and therefore, considers the state as being unfair to them in their decision. Among those who feel that the statue is unfair and that it is violating their constitutional rights, Tanya then proceeds to file a suit in court. Tanya’s tracking company looks forward to winning this suit and, therefore, this essay answers various question about this issue that are necessary for determining whether Tanya should file a suit against this statue.
Will court have jurisdiction over Tanya’s suit?
The federal jurisdiction court is the court that has jurisdiction over Tanya’s suit. Why? Federal courts deals with cases that are between states or a state and a citizen. This court is also the one that makes rulings in cases that the state courts cannot handle. In such cases, the state court can be tempted to take sides. Even though, Tanya’s suit is a state suit, the federal jurisdiction will have the final ruling in this case.
Is the Confusion statute constitutional?
The confusion statue is not constitutional since the government has never been involved in regulating hobbles used by companies on the roads.
Legal reason: According to the article III, section 2 of the United States constitution, this suit is controversial. Although states have powers to set independently statues, in some cases, these statues may be of national concern, and therefore the suit should have a review by a higher court. According to the description given, it is obvious that the state of confusion is taking advantage of the fact that trucks must pass through the state, and therefore through the statue it stands to benefit financially. The other point that comes out clearly is that the B-type hitch introduced is not for protecting the roads, but it its aim is to offer financial benefits. For this reason, the state of confusion statue is unconstitutional and therefore, Tanya needs to find the court that has jurisdiction over this case and proceed to file a suit. On the other hand, if the statue was constitutional, then Tanya’s company would examine the steps that are necessary in filing such civil suit and determining whether the case is worth filing.
What provisions of the U.S. Constitution will the court apply to determine the statute’s validity?
The provision of the U.S. constitution, which will determine the statues validity, is contained in Article 1, section 8, clause 3. This clause grants the congress power to control commerce among states, foreign countries and the Indian tribe. This clause can determine whether the statue of confusion is constitutional.
Is Tanya likely to prevail on her suit? Explain the reasons for your answer.
Tanya’s company is likely to prevail in this suit. There are various reasons why Tanya will prevail in this suit. One of these reasons is that the state of confusion statue is oppressive. This is because other states have no similar requirements for trucks using their roads. The use of B-type hitches is not for protecting the roads or citizens of these states but for financial benefits. The state of confusion is taking advantage of the fact that tracks have no other alternative route to drive. From this reason, Tanya is likely to prevail in this case.
Stages of civil suit.
Tanya’s suit falls in the category of civil suit and, therefore, it will have seven stages. The first stage that Tanya will go through in order to start the case is filling the initial court papers (pleadings). The complaint or petition is the first pleadings ,as it generally outlines the plaintiff’s complains or cases. “The main purpose of the Complaint is to provide the defendant with a notice of the factual and legal grounds for the plaintiff’s claims” (Stages of a Civil Case, 2010).
The second step is to obtain a court order from the court, which will summon the defendant. The court will then summon the defendant notifying him that there is a lawsuit against him. After receiving this summon, the defendant will send a response, which is termed as the defendant’s response. The answers given in the defendant’s response will address each point raised in the complaint, and each response will be in any of the following three forms: “admitted,” “denied,” or “insufficient knowledge to admit or deny” (Stages of a Civil Case, 2010). In case the defendant has a claim against the suit filed by the plaintiff, they can proceed to file a counterclaim. If the defendant files a counterclaim then the plaintiff has to fill in a “Reply” in order to respond to it. This Reply can be admitting, denies, or assert lack of sufficient information (Stages of a Civil Case, 2010). If, on the other hand, there are more than two parties involved in this case, then a Close-claim situation arises.
Finding of the facts is the second stage that will be involved in this civil suit. The federal court requires disclosure of all the documents and facts relevant to this case. This process is “discovery” and it takes place in three forms. The first form is a written discovery, which can be either Interrogatories or Admission Request. The later type of discovery requires a party to admit or deny facts presented in a particular case. On the other hand, Interrogatories require the correspondent to give their version of claims or facts. The second form of discovery is termed as a document production, which provides the ability to view documents relevant to this case by the parties involved. The last form of discovery is the deposition, which includes statements where a person answers questions from the attorney after swearing.
Resolution before court trials is the third stage in a civil suit. At this stage, important and controversial questions are resolved in the pretrial motions. If the dispute among the parties can end from the ruling of this motion before the trial, then this motion is called a dispositive motion, otherwise it is a non-dispositive motion (Stages of a Civil Case, 2010).
The resolution before trial settlement is the fourth stage in a civil suit. In most cases, legal claims filed in civil suits do not get to the trial stage and, instead, the parties involved negotiate and resolve them. In such cases, the plaintiff can agree to drop their legal rights and choose not to pursue the claims made. The defendant, on the other hand, agrees to pay a certain some of money. In some rare cases, instead of money settlement, the defendant can promise to stop or do certain actions (Stages of a Civil Case, 2010).
Trial and verdict is the fifth stage in a civil suit. In such trials, the jury examines the evidence presented in court and makes a ruling, whether the defendant is responsible for the damages the plaintiff alleges (Stages of a Civil Case, 2010).
After making the judgment, Money collection is the sixth stage in a civil suit. The defendant pays money to the plaintiff in case the later wins the case.
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The last stage is the Appeal. In most cases, decisions made in civil cases are of state or country’s concern, and therefore the court of appeal may have an interest in reviewing them. The parties involved through their lawyers submit briefs, which may grant an oral argument (Stages of a Civil Case, 2010).
Stages of a Civil Case (2010). Find Law.com. Web.