State of Confusion Paper

Mandy Brister

November 15,

There are many states that use the statues to regulate different departments such as parks and recreation to roadways. The state of Confusion has enacted a statue that requires all trucks and towing trailers that use its highways to use a B-type truck hitch. There are truckers out there that feel like the state of Confusion is imposing a unfair expense. Tanya Trucker, who owns a trucking in the state of Denial is filing a suit against Confusion to overturn the statue. Filing a suit involves different steps to be overturned.

Court with Jurisdiction

The court that will have jurisdiction over Tanya Trucker’s suit is the federal jurisdiction. The Lectric Law Library states that, “The federal courts also may decide cases for which state courts are inappropriate or might be suspected of partiality. Thus, federal courts may decide, in the language of the Constitution, controversies between two or more states and between a State and Citizen of another State (Lectric Law Library, 2010). Even though this is a state statue, the federal jurisdiction will still have the power to decide if it is valid or not.

Confusion Statute Constitutional

Under the meaning of Article III, Section 2 of the U.S. Constitution, the lawsuit concerns a “case of controversy.” Even though states have the power to set their own statues, some of them can cause concern and have to be reviewed by higher courts. The state of Confusion is using the simple fact that the trucks have to drive through their state and are gaining from them financially. They are not requiring the B-type hitch to protect the roadways and are solely requiring the hitch to produce extra income. Therefore, the Confusion statute is unconstitutional.

What provisions of the U.S. Constitution will be applied

In Article 1, Section 8, Clause 3, of the Constitution empowers Congress “to regulate Commerce with foreign Nations, and among several States, and with the Indian Tribes.” The Commerce Clause determines whether a federal statute is constitutional, and incorporated them into a new standard that specifies three categories of activity that Congress may regulate under the clause: (1) the channels of interstate commerce, (2) persons or things in interstate commerce or instrumentalities of interstate commerce, and (3) activities that have “a substantial relation to interstate commerce … i.e., those activities that substantially affect interstate commerce.” This will help the courts determine whether or not the statue set forth by the state of Confusion is valid (The Free Dictionary, 2010).

Is Tanya likely to prevail on her suit?

Tanya is likely to prevail on her suit because the state of Confusion is requiring all trucks to use the B-type truck hitch. The state of Confusion is requiring these trucks to stop and purchase a hitch to benefit their state, even though the B-type truck hitch is not required in any other state. If the state of Confusion was requiring this hitch to protect the roadways and the citizens that drive on those roadways, then Tanya would likely be defeated. The state of Confusion is doing this to generate more income in the state on the sole purpose that the trucks have no choice but to drive through their state.

Stages of a Civil Suit

There are seven stages that make up a civil suit. The first step is to start the case with the initial court papers. The legal papers that are filed at the beginning of a court case are called “pleadings”. The first pleading needed to be filed is the Complaint/Petition. This is basically an outline of the plaintiff’s case against the defendant. The purpose of the Complaint is to provide the defendant with notice of the factual and legal grounds for the plaintiff’s claims (Find Law, 2010). The next pleading is to get an order from the court where the lawsuit will be heard or “litigated” called the Summons. The Summons will notify the defendant that he or she is being sued. After the defendant receives the Summons, he or she will send an Answer, which is the defendant’s response to the Complaint. The Answer will address each paragraph in the Complaint, and each response will take one of three forms: “admitted,” “denied,” “insufficient knowledge to admit or deny” (Find Law, 2010). A counterclaim can be filed by the defendant if he or she has their own claim against the plaintiff. This should be raised in the Answers section. If there is a Counterclaim filed the plaintiff may respond by filing a “Reply.” The Reply will “admit,” “deny,” or assert that the plaintiff lacks information, just as the original Answer did (Find Law, 2010). If there are many parties involved in a lawsuit then a Cross-claim will arise.  This can have multiple lawsuits within one mail lawsuit. Then there will have to be an Answer to the Cross-claim. A Third-Party Complaint happens if a defendant who has been sued has legal reasons for passing liability off to another person. Then the person being sued through the Third-party Complaint must file an Answer.

The second stage in the civil suit is Fact-Finding and Discovery. Federal court system requires disclosure of all relevant facts and documents to the other side prior, and this is accomplished through a methodical process called “discovery.” Discovery is taken in three different forms. The first one is Written Discovery. There are two types of Written Discovery: Interrogatories and Requests for Admission. Request for Admission ask a party to admit or deny certain facts pertaining to the case.  There can be penalties for not answering, for answering falsely, or answering late. Interrogatories are questions that ask your version of the facts of the claims. These questions can be very broad or very specific. Document Production is the second form of Discovery and it states that any party has rights to see most documents that even arguably relate to a case. Depositions are the last form of Discovery. These are sworn statements when a person will answer questions from an attorney. Then a court reporter will make a transcript of everything that was said.

The third stage in a civil suit is the Resolution before the Trial Court Motions. Many important questions about your lawsuit can be resolved in Pretrial motions. If the ruling on the motion could terminate the litigation and end the dispute before trial, it is called a dispositive motion. If the ruling is on some incidental question that arises during the litigation, it is a non-dispositive motion (Find Law, 2010).

The fourth stage in a civil suit is the Resolution before the Trial Settlement or Alternative Dispute Resolution. The majority of legal claims filed in civil court do not reach the trial stage. Most of them are resolved through a negotiated settlement among the parties. Before any lawsuit is filed an informal settlement can take place. The plaintiff in a civil case agrees to give up the right to pursue any further legal action in connection with his or her case through a settlement. They do this in exchange for the payment of an agreed-upon sum of money from the defendant. In rare cases, instead of paying money the defendant will agree to perform (or cease performing) a certain action (Find Law, 2010).

The fifth stage in a civil suit is the Trial and Verdict. In a civil trial, a judge or jury examines the evidence to decide whether, by a “preponderance of the evidence,” the defendant should be held legally responsible for the damages alleged by the plaintiff (Find Law, 2010). During the trial is where the plaintiff has a chance to argue his or her case. A civil trial consists of six main phases: Choosing a Jury, Opening Statements, Witness Testimony and Cross-Examination, Closing Arguments, Jury Instruction, and Jury Deliberation and Verdict.

The sixth stage in a civil suit is After the Judgment and Collecting the Money. The opposing party may not always simply pay you the amount of the judgment even if you “win” the court case and are awarded money damages. If this does happen, then there are addition steps that need to be taken to collect the judgment.

The seventh and last stage in a civil suit is the Appeals. Most types of civil cases decisions can be subject to be reviewed by an appeals court. The appeals court will reverse the decision that contributed to the trial court’s decision if they find an error. The lawyers for the parties submit briefs to the court and may be granted oral argument (Find Law, 2010). Further appeals can be limited when an appeals court has made its decision.

Conclusion

There are many states that use the statues to regulate different departments such as parks and recreation to roadways. Tanya Trucker has filed a suit with the Federal courts against Confusion to overturn their statue about using the B-type truck hitch. She feels this statue is unconstitutional and it hoping that the courts will rule the same. She has seven stages during her suit before the federal courts rule whether the statue is constitutional or not. The state of Confusion has enacted a statue that requires all trucks to use a B-type truck hitch. The federal courts will decide whether this statue will stay in effect or not.

References

Find Law. (2010). Retrieved November 15, from Stages of a Civil Case: http://public.findlaw.com/library/legal-system/ civil-cases-stages.html.

Lectric Law Library. (2010). Retrieved November 15, from From the ‘Lectric Law Library’s Stacks Understanding The U.S. Federal Courts : http://www.lectlaw.com/files/jud21.htm.

The Free Dictionary. (2010). Retrieved November 15, from Commerce Clause: http://legal-dictionary.thefreedictionary.com/ commerce+clause+of+the+united+states+constitution.

Writer is a junior in college studying in the health care industry field. He already has one degree in Business and is studying for his second one in Business Administration. He is the co-owner of a Four Wheel Drive Lift Kits website that sells . He enjoys school and working on his site, but he does enjoy relaxing more.

 

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