Charfauros bus415 wk2. Copyright 2013 Edward F. T. Charfauros. Reference, www.YourBlogorResume.net.

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Edward F. T. Charfauros, inspiring author, assists fellow students with their presentation for a successful grade. He also blogs upon his own inspiring blog, where you'll discover life changing stuff. …

Edward F. T. Charfauros, inspiring author, assists fellow students with their presentation for a successful grade. He also blogs upon his own inspiring blog, where you'll discover life changing stuff. Sign up for his blog by sending him an email~

Copyright 2013 Edward F. T. Charfauros. Reference, www.YourBlogorResume.net.

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  • 1. Running head: STATE OF CONFUSION State of Confusion Edward Charfauros Business Law BUS/415 December 13, 2011 Moani Ruth Colón 1
  • 2. STATE OF CONFUSION 2 State of Confusion This paper discuss the Tanya Trucker versus Confusion civil suit about the conflicting use of the B-type truck hitch. Discussion on which court will hear Tanya’s case and determine whether the statute is constitutional or not, which provisions of the United States Constitution apply, and describe the stages of the civil suit in detail. Additionally this paper will discuss the case details, and the fundamentals associated with business law. According to superior court of California, county of San Bernardino civil information website (2011). A civil matter involves a lawsuit in which one party sues another to recover money, real property or personal property, to enforce a contract or an obligation, to collect damages for injury (tort), or to protect some civil right. In a complaint, the filing party is called the plaintiff and the accused party is called the defendant (General Information section, p. 1, para. 1). According to Cheeseman’s The Legal Environment of Business and Online Commerce, 6th Edition (2010), the defendant must file an answer to the plaintiff ’s complaint. The defendant’s answer is filed with the court and served on the plaintiff. In the answer, the defendant admits or denies the allegations contained in the plaintiff ’s complaint (Answer section, p. 51, para. 1). The federal government is not currently regulating the truck hitch situation for highway use. Tanya Trucker’s trucking company headquarters is within the state of Denial and Tanya is upset concerning the additional expenses accrued. Tanya Trucker intends to overturn the statute set in place by filing a lawsuit within the state of Confusion. Court Jurisdiction Over The Tanya Versus Confusion Case
  • 3. STATE OF CONFUSION 3 Small claims court through the state court system will settle Tanya’s lawsuit because both the plaintiff Tanya Trucker and the defendant the State of Confusion are parties dealing with a small dollar amount. Small claims court will hear the dispute between the State of Confusion and Tanya to determine if compensation should be awarded to the victim. The plaintiff, Tanya Trucker charges the State of Confusion in civil litigation in small claims court for reimbursement from losses endured by the defendant’s behavior coercing Tanya Trucker to use the B-type truck hitch. The burden of proof within the Trucker versus Confusion civil case will determine the weight of the evidence presented by the plaintiff as the defendant refutes the evidence. According to the North Carolina court system website about small claims court (2011), it handles civil cases, which a plaintiff requests assignment to a magistrate and the amount in controversy is $5,000 or less. The principal relief sought in small claims court is money, the recovery of specific personal property, or summary ejectment (eviction) (About Small Claims Court section, p. 1, para. 1). Discussion With Legal Reasoning Behind Confusion’s Statute The federal government is not regulating the use of truck and trailer hitches for road use within the United States. If the federal government is not regulating the use of hitches it is illegal for a state to regulate the use of hitches within that state and use the regulation to encompass the country. The state of Confusion has placed a monopoly in its state by manufacturing the B-type hitches only within Confusion and purchasing the hitches only within the stat of Confusion. If this statute is approved by federal government this will allow the monopoly to continue. Constitutional Provisions Applied After Court’s Determination Of Validity A court will examine if Confusion’s regulation imposes a substantial burden on interstate
  • 4. STATE OF CONFUSION 4 commerce law according to article one, section eight, and clause three of the Constitution (commerce clause). Congress is empowered to regulate commerce through commerce clause (article one section eight clause three of the United States Constitution) with states, foreign nations, and Indian tribal nations. Commerce power is an enumerated power delegated to Congress by the United States Constitution. The Supreme Court interprets commerce power as express authority granted to Congress and affirmatively limits the state’s rights to regulate commerce within its own state borders. Possible Results of Tanya’s Lawsuit Chances for Tanya prevailing with her claim seems high because of the opposing party’s unconstitutional statute and federal government not regulating truck hitches for highway use. A statute specifically requiring trucks and vehicles towing trailers to only use the B-type truck hitch, which the state of Confusion is the only manufacturer. Resulting from this statute is for any trucker driving through the state of Confusion require to stop for B-type truck hitch installation, or proceed to drive around the state. According to commerce clauses and supremacy no federal law supports Confusion’s statute. The Stages Of A Civil Suit The pleadings stage is the first step to file a complaint involving one party. A complaint by the plaintiff brings the lawsuit with facts supporting claims and stating the causes of action. After the pleadings stage the civil suit flows into the discovery stage entailing depositions, interrogatories, document demands, and subpoenas. Stage three is the motion stage involving requests and applications for court ruling. Motions such as to dismiss the case, summary judgment for a court decision, to compel, to strike when there is order violation, and re-argue or renew a previous motion. Stage four is preparation for trial (pre-trial preparation) after the
  • 5. STATE OF CONFUSION 5 motion stage. This is the timeframe for involving parties to develop its case and defense. Stage five is the trial (a jury trial or nonjury trial) base on specific facts supporting equitable relief claim or money damage. Last stage is post-trial, for bench trials a judge hears the case and may request a brief or post-trial memorandum submission from the parties involved. These documents provide a review for the judge on each party’s position prior to his or her decision. After reaching a decision by judge or jury, appealing or vacating the decision can be attempted by the losing party. Conclusion Many statutes exist from state to state regulating the variety of departments from parks to roadways to buildings. A statute has been enacted by the state of Confusion requiring trucks and trailers to use the B-type truck hitch manufactured and sold in Confusion. A federal court will develop the final decision whether or not Confusion’s statute will remain in effect. Tanya Trucker filed a lawsuit with federal courts against the state of Confusion to overturn Confusion’s statute concerning the use of the B-type hitch. Tanya Trucker strongly believes Confusion’s statute to be unconstitutional with hope other courts will rule against the statute. Tanya’s lawsuit has to go through the stages of a civil suit prior, during, and after the federal court trial regardless if the statue is constitutional or unconstitutional.
  • 6. STATE OF CONFUSION 6 References North Carolina Court System. (2011). North Carolina Administrative Office of the Courts 901 Corporate Center Drive, Raleigh, NC 27607, (919) 890-1000. Retrieved from http://www.nccourts.org/Default.asp H. Cheeseman (2010). The Legal Environment of Business and Online Commerce, 6th Edition. ISBN: 9780136085683. Copyright © 2010 Pearson Education, Inc. Superior Court of California. (2011). Glossary of civil terms, General civil section, Civil information website. County of San Bernardino. Retrieved from http://www.sbcounty.gov/courts/HTML/civil_general.asp
  • 7. STATE OF CONFUSION 6 References North Carolina Court System. (2011). North Carolina Administrative Office of the Courts 901 Corporate Center Drive, Raleigh, NC 27607, (919) 890-1000. Retrieved from http://www.nccourts.org/Default.asp H. Cheeseman (2010). The Legal Environment of Business and Online Commerce, 6th Edition. ISBN: 9780136085683. Copyright © 2010 Pearson Education, Inc. Superior Court of California. (2011). Glossary of civil terms, General civil section, Civil information website. County of San Bernardino. Retrieved from http://www.sbcounty.gov/courts/HTML/civil_general.asp