Tanya Trucker is trying to bring a suit against the State of Confusion. She wants to get the statue that all truck drivers have to have a B-type hitch on their trucks. Having determined which court and where Tanya would have to file the suit was the first step. Doing the research we will be able to see if the Confusion statute is constitutional. We have to take into consideration the provisions that the U.S. Constitution will be applied by the court to determine the statute’s validity. Learning all this will help us to know whether or not Tanya will prevail in her suit. Mostly we will be able to see how a civil suit works and goes. Legal Jurisdiction
Tanya would need to turn to the Federal District Court in the District of Confusion. She needs to use the Federal Question Jurisdiction. She would be using the Federal Question Jurisdiction because her case falls under federal law. She has a business in one state and wants to sue another state. This makes it federal case. The District of Confusion will be the best to bring it the case too because it is the state that she is suing. Bringing it to her own state of Denial will not do much good because it will take longer and she will just have to bring it to Confusion in the end ("Cornell University Law School", n.d.). Statute Constitutional?
The Confusion statute is constitutional, it is a state statute. It is constitutional because it had to pass through legislature on the state level. It is not constitutional on the federal level because it did not go through the federal legislature. The statute must go through checks and balances so that it does not become unconstitutional. The executive and judicial branches will fashion laws within certain limits ("The Free Dictionary", 2012). Provisions
The provisions that will be used by the U.S. Constitution to determine if the statute is valid are in the power to regulate. The Constitution has a Commerce Clause within it. It was designed to eliminate any intense rivalry between groups in states that had better advantage because of the proximity to the harbor. The Commerce Clause lets Congress regulate commerce to make sure that the flow of interstate commerce is free from local restraints imposed by various states. They will then decide if the interstate commerce needs to be supervised. If they decide that they do then they will enact legislation that will have some real and rational relation to the statute ("The Free Dictionary", 2012). Prevail
Tanya’s suit will prevail. The statute that the state of Confusion will cause the Congress to step in and set up supervision. They will cause too many problems for the truck drivers that have to drive through Confusion. If they do not want to drive through Confusion so that they do not have to put the different hitch on then they have to go around Confusion. This will cause the trucker to have to pay more in gas. Tanya does not want to have to change her hitch and spend the extra money. It could hurt her business, even more so if she has to drive around Confusion. When the Congress does step in they will review the statute and see what they can do to change it and make it better. They will also have to look at how changing the statute will impact Confusion. Civil Suit
The stages of a civil suit are; preliminary stage, court appearance, agreement as to the conduct of the proceedings, the defense, settlement conferences, the hearing, the evidence, the addresses and the judgment. In the preliminary stage a lawsuit is instituted by a declaration. It is written in a document explaining the facts of your claim. During the court appearance you do not ignore this but you do not have to be there in person but you have to submit a document called “appearance” for the court file. With the agreement the parties may reach an agreement as to how to conduct the proceedings. Otherwise the court will impose the deadlines or terms to be respected.
During the defense the attorney will provide the court with a document that tells them of the defense. Settlement conferences are an alternate to the defense step. The hearing will only take place before a judge. They are usually open in public but in family cases it is held in camera. The evidence is then given. There are certain things that need to be done with the evidence, it must be established, proven, assessed, and the means available. Then comes the addresses, this is where each party presents his version of the facts. Finally the judgment, the judge may pass judgment verbally then and there. It might also take some time to think over the evidence ("Justice Quebec", 2003). Conclusion
Tanya Trucker is a trucker that lives in Denial and owns her company there. She is trying to bring a suit against the state of Confusion because she does not think that it is fair to have to change to a B-type hitch on their trucks. Tanya will take her suit to the District court of Confusion. Finding out if the statute is constitutional is important. They will have to take into consideration what provisions that the U.S. Constitution will be applied by the court to determine if the statute is valid. We learned that Tanya’s suit would prevail. Mostly we will be able to see how a civil suit works and goes.
References Cornell Univeristy Law School. (n.d.). Retrieved from http://www.law.cornell.edu/wex/federal_question_jurisdiction Justice Quebec. (2003). Retrieved from http://www.justice.gouv.qc.ca/english/publications/generale/proc-civ-a.htm The Free Dictionary. (2012). Retrieved from http://legal- dictionary.thefreedictionary.com/Commerce+Clause+of+the+United+States+Constitution The Free Dictionary. (2012). Retrieved from http://legal-dictionary.thefreedictionary.com/Statute