State of Confusion

The state of Confusion has enacted a statute that requires trucks and towing trailers that use the highways through Confusion to use a B-type truck hitch. The new law states that any trucker who wants to drive through Confusion must stop and have the new hitch installed in Confusion if they wish to use the roads on that state. Only one company in Confusion manufactures the hitch. Tanya Trucker, a local trucking company owner in the state of Denial, is intending to file suit against the state of Confusion to overturn the new statute. In the current order of the standing statute Tanya Trucker would have to either implement the B-style truck hitch on each of her trucks, or drive around the state of Confusion.

Tanya Trucker is concerned about the additional expenses that the statute will impose upon her business, which in turn is the reason for her intentions to file suit against Confusion to overturn the statute. There are several questions that need to be addressed: What court will have jurisdiction over Tanya’s suit, and why?

Is the Confusion statute constitutional? What provisions of the U.S. Constitution will be applied by a court to determine the statute’s validity? Is Tanya Trucker likely to prevail on her suit? In addition to answering these questions there will be information that provides in detail the stages of a civil suit, discussion of the legal reasoning if the Confusion statute is constitutional, and reasons provided for whether or not Tanya Trucker will prevail in her legal suit. What Court Has Jurisdiction

The court that will have jurisdiction in this civil suit is very clear pertaining to the laws of the United States, and that court is the Federal Court of the United States. There is a two-fold reasoning behind why the Federal Court shall have jurisdiction. First, Tanya Trucker lives in the state of Denial, and the statute is active in the state of Confusion. Under Article III, Section Two of the U.S. Constitution the jurisdiction of diversity of citizenship is active because the suit involves citizens of two different states, and the dollar amount of controversy could well exceed the $75,000 requirement of damages (Cheeseman, Chapter 3, 2010). Second, and the most enforceable measurement of jurisdiction, is that Tanya Trucker can sue the state of Confusion for breaking antitrust laws by creating a

monopoly for a business in the state of Confusion. Because the Federal Courts have exclusive jurisdiction over antitrust cases the lawsuit would be moved directly to the Federal Court system (Cheeseman, Chapter 3, 2010). Is the Confusion Statute Constitutional

There are several Articles and Amendments to the U.S. Constitution that have been breached and broken from the Confusion Statue. First, Article IV Section Two has been violated by the Confusion Statute. The article states that the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states ("Cornell University Law School," 2012). The Fifth Amendment has been breached in which a citizen has been deprived of life, liberty, or property without due process of law.

The Fourteenth Amendment has been breached where no state shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws ("Cornell University Law School," 2012).

It is apparent from the above-mentioned Articles and Amendments of the U.S. Constitution that Confusion statute is unconstitutional. The state of Confusion cannot impose its own laws to deter from Tanya Truckers pursuit of life, liberty, and property. Tanya Trucker receives protection by the U.S. Constitution guarding her from antitrust and monopolizing policies.

Validity of Statute With the large amounts of evidence provided that shows the state of Confusion has breached several amendments and articles of the U.S. Constitution the state itself is also protected by the U.S. Constitution through the Eleventh Amendment ("Cornell University Law School," 2012). The Eleventh Amendment clarifies that the state of Confusion is protected by sovereign immunity, in which Confusion is protected by civil suit or criminal prosecution. This would clarify that Tanya Trucker cannot seek financial compensation against the state of Confusion, or can the state of Confusion be prosecuted criminally for their blatant refusal to recognize the U.S. Constitution. The Federal Court System of the United States can

only force the state of Confusion to adhere to the U.S. Constitution, and rule that antitrust laws have been broken. Even though Tanya Trucker may have been affected financially by the state of Confusion’s actions, she cannot seek monetary compensation against the state. Outcome of Legal Suit

Tanya Trucker is likely to prevail in her suit against the state of Confusion. The state of Confusion is clearly in violation of the U.S. Constitution in regard to Article IV, the Fourteenth Amendment, and the Fifth Amendment. The Federal Court System would likely rule that the state of Confusion has violated Tanya Trucker’s rights to life, liberty, and property. However, the state of Confusion is protected from financial compensation by the Eleventh Amendment and will not have to pay any restitution to Tanya Trucker. This will be a victory for all citizens in the state of Denial that own businesses such as Tanya Trucker, and Tanya Trucker should be compensated by the state of Confusion for any legal fees, and possible attorney costs, which she has paid.

Stages of Civil Suit According to Joe Mack, a legal representative and a licensed lawyer in the state of Maryland, there are eight stages in a civil suit. The eight steps are as follows: Pre-filing, Pleading, Discovery, Summary Judgment, Trial, Post-Trial Motions, Appeal, and Enforcing a Judgment (The Stages Of A Civil Lawsuit, n.d.) In the pre-filing stage certain aspects of the lawsuit are decided. Personal jurisdiction is decided, whether the state, or federal courts, will hear the suit. This will also set precedence for subject matter jurisdiction and venue (The Stages Of A Civil Lawsuit, n.d.).

The pleading stage shall set forth the original complaint of the plaintiff. The copy of the original complaint will be delivered to the defendant, preliminary motions shall be made, an answer from the defendant to the original complaint will be filed, and a request for a jury trial will be made at this time (The Stages Of A Civil Lawsuit, n.d.). During the discovery stage both parties build their respected cases on factual information. Both parties are required to share the information found and are expected to agree in good faith. Disagreements are discouraged by the courts, and the party’s attorneys are expected to rectify among themselves

any disagreements during this stage (The Stages Of A Civil Lawsuit, n.d.). Summary judgments are entered into court for a judge to decide if the material being presented is disputed facts. The judge can determine and rule whether the motion is acceptable or denied (The Stages Of A Civil Lawsuit, n.d.). The trial is set forth in which both parties have the opportunity to select a jury, make opening statements, call witnesses, and make motions for judgment.

Closing arguments are also made during the trial, deliberation is made, and verdict is handed down by the jury (The Stages Of A Civil Lawsuit, n.d.). During post-trial motions both parties can make recommendations for motions such as judgment notwithstanding the verdict, in which a judge can take away verdict from the jury, and motions for a new trial by the parties (The Stages Of A Civil Lawsuit, n.d.).

The parties can also make an appeal to the judgment of the original case. Appellate courts review the verdict from the original trial and make a motion for a new trial. The parties can appeal to a higher court once the appellate rules for the higher court to hear the case. The final stage is enforcing a judgment, in which may never come to fruition. The court must take into consideration whereas the suit is being carried out if the defendant can pay restitution if judgment is ruled against the defendant (The Stages Of A Civil Lawsuit, n.d.). In Closing

Tanya Trucker has a solid suit against the state of Confusion that the state of Confusion has violated antitrust laws outlined in the U.S. Constitution. Even though Tanya Trucker may have a good case, she cannot collect any monetary or financial damages against Confusion because the state is protected by the Eleventh Amendment. Tanya Trucker can have a Federal Court rule in her favor and for Confusion to adhere to the U.S. Constitution, which will protect the rights of all citizens in Confusion and other states. The outlined process of a civil suit can be lengthy, and a final decision or judgment can take a long time to administer.

References: Cheeseman, H. (2010). The Legal Environment of Business and Online Commerce (6th ed.). Retrieved from The University of Phoenix eBook Collection database.. Cornell University Law School. (2012). Retrieved from

http://www.law.cornell.edu/anncon/ The stages of a civil lawsuit. (n.d.). Retrieved from http://macklawonline.com/yahoo_site_admin/assets/docs/Outline_for_Joe_Mack_presentation_on_February_10_2010.82141650.PDF