State of Confusion

Posted: November 26th, 2013

State of Confusion

Introduction

The law in the United States originates from four sources. These sources include the legal law, administrative rules, statutory regulation and common acts (United States constitution, 1995). All the states in America are independent; they have the power to enact their own state regulations. However, a state is only allowed to enact laws that agree with or complement the constitutional law. Due to the power given to each state to make laws, the laws of one state may differ from another. Several states have altered the different statute laws to be legal regulations in a process referred to as codification. State Confusion has the sovereignty to formulate and implement traffic regulations on all trucks and towing trailers that use its highways.

Discussion

What court will have jurisdiction over Tanya’s suit? Why

The federal court has jurisdiction over this case. This is because this case involves two different states (United States courts, 2000). The state of Confusion has endorsed a statute that requires all trucks and towing trailers that use its highway to use a B-type truck hitch. This regulation has increased the expenses of Tanya Trucker who comes from the state of Denial. Since the plaintiff and the defendant come from two different states, the federal court has the jurisdiction to hear this case. Cases with multiplicity of citizenship are under the federal jurisdiction. The federal court is required to use the state law, given that this case deals with the laws of the state of Confusion. However, the jurisdiction of this case may change depending on whether the amount in question is below the limit set by the federal court, which is presently $75,000. If the amount is less than the set limit, then the case will be under the jurisdiction of the state court.

Is the Confusion statute constitutional? Discuss your legal reasoning.

The constitution in America has developed a structure that allows the state governments to enact their own regulations and have their own governments and courts. The only condition is that these rules must be aligned to the constitutional law. The state governor has the mandate of signing the laws passed by the state legislature. The regulation by the State of Confusion to enact the traffic rules is therefore constitutional. All the owners and the drivers of truck sand trailers are expected to adhere to these rules. Failure to obey to these rules may attract a penalty or a fine. In my opinion, the state of Confusion has the power to enact its own rules. However, the fact that this law prevents the development of commercial activities makes this law unconstitutional. This is because this law conflicts with the commercial clause that is under the constitution law. By enacting this rule, Tanya Trucker’s costs increase thereby reducing the profits. State Confusion causes rivalry by enacting this law.

What provisions of the U.S. Constitution will be applied by a court to determine the statute’s validity? Commerce clause of the U.S. Constitution. Is it valid or not?

Although the constitutional law empowers each state to make its own regulations, each state must not interfere with the commercial activities. The court will have to look at the commercial clause (United States constitution, 1995). This clause gives the congress power to control interstate business activities. It was implemented to allow congress to control all forms of business activities between states. The main objective is to ensure that commercial activities are free from any obstacles and other regulations imposed by different states. The court will further find out if the activities undertaken by Tanya trucker fall under interstate commerce. To determine the state of Confusion validity in this case, the court will find out if the statute is constitutional. Another provision taken by the court is to determine whether the regulations enacted by the state, infer with commercial activities. The court will also look at the right of a state to implement safety regulations for all vehicles. The state will allow all trucks and trailers with a B-type truck hitch to pass through. The court will need to find out the reasons why this state decided to enact this rule. The commercial clause is valid in this case. In the state of Confusion, a specific manufacturing company provides the B-type hitch. This is evidence that this state is trying to promote its own commercial activities. This not only promotes rivalry but it also causes injury to truck companies in other states.

            Is Tanya likely to prevail on her suit? Explain the reasons for your answer.

Tanya Trucker has a high probability of winning the case. The law enacted by the state of Confusion has increased the cost of operation for her company and caused injury to interstate commercial activities. Moreover, the fact that a specific manufacturing company in the state of Confusion provides the B-type hitch is proof that the state is promoting a monopoly. A state statute must not forbid the entry of other companies in order to promote intrastate commerce (Miller & Jentz, 2010). The fact that this law interferes with the commercial clause is evidence that it is unconstitutional.

Conclusion

            The constitution of America allows the different states to enact their own laws. Additionally, each state has the authority to control intrastate commerce whenever the congress has no jurisdiction. However, the state should regulate commerce in an equitable manner, without any form of discrimination against interstate commerce (Schaffer, Agusti & Earle, 2009). A state regulation must not be a burden to trade between different states. The State of Confusion enactment of the statute is unconstitutional as it interferes with the commercial clause. Tanya Trucker will thus prevail in her suit against this state.

References:

 Miller, R. L. & Jentz, G. A. (2010). Fundamentals of business law: Excerpted cases. Mason, OH: South-Western/Cengage Learning.

Schaffer, R., Agusti, F., & Earle, B. (2009). International business law and its environment. Mason, OH:  Cengage Learning.

United States courts (2000).Understanding federal and state laws. Retrieved from

http:// wwww.uscourts.gov/EducationalResourses.aspx

United States constitution (1995). U.S. Constitution Online. Retrieved from http://www.usconstitution.net/

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