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State of confusion paper wk 2 wp
1. Running head: STATE OF CONFUSION 1
State of Confusion
Marion Morrison
BUS/415
February 12, 2012
Kimberly Roberts
2. STATE OF CONFUSION 2
State of Confusion
Introduction
Have ever driven across the country traveling through states you have never been to
before? I have traveled throughout this country and learned that laws, ordinances, and statues
vary from state to state. In this paper I am going to present the details of a civil suit resulting
from an out of state trucking company who failed to obey another state’s transportation statute. I
will try to answer very specific questions relating to the suit to include case jurisdiction,
constitutionality, and how the U.S. Constitution applies to this case.
Court of Jurisdiction
The first step in this civil suit is to determine what court will have jurisdiction over Tanya
Truckers suit. I learned from the Cornell University Law School website that the District Courts
can have jurisdiction. I concluded this based on the following interpretation of U.S
Code 28 § 1332 - Diversity of Citizenship; Amount in Controversy; Costs. U.S. Code 28
concludes “that the district courts shall have original jurisdiction of all civil actions where the
matter in controversy exceeds the sum or value of $75K, exclusive of interests and costs, and is
between citizens of different states.” In this case the plaintiff resides in the state of Confusion
and the Defendant resides in the state of Denial. The parties involved are based in different
states and this is referred to as “diversity of citizenship.” Additionally, one may assume this to
be accurate because according to the details of the case, no federal law or statute existed in this
scenario to force this case to the federal court system.
However, some may argue that in this case, the State of Confusion is the only state that
requires out of state trucks and towing trailers traveling on state highways be equipped with a
3. STATE OF CONFUSION 3
B-type truck hitch. I am of the opinion this places an unfair financial burden of Tanya Truckers
business.
Constitutionality of Confusion Statute
The question posed here is whether the State of Confusions statute is constitutional or
not? Although I do not possess the legal knowledge to make a definitive determination on the
constitutionality of the statute, I am of the opinion that I must first determine if any precedents
already exist. If there is no existing precedence we may have to determine if there are any
pending cases involving a similar situation that may set future precedence.
Application of the U.S. Constitution
According to the U. S. Constitution, Art. I, § 8, cl. 3, which is commonly referred to as
the Commerce Claus, this case should be considered a federal matter. According to the
Commerce Claus, Congress has the authority to regulate commerce between the states
specifically in situations when states have laws or statutes that over regulate, unnecessarily
overburden, or restrict interstate commerce. In this scenario, the State of Confusions statute
based on its merits appears to violate the federal Commerce Clause because the State of
Confusion is the only state enacting the statute, it places an unfair financial burden on truckers,
and it discriminates against interstate commerce.
Will the State of Confusion Statute be Overturned
I believe that Tanya Trucker will prevail in her suit. The U.S. Constitution and its
description and application of the Commerce Clause are very clear. The federal government, in
4. STATE OF CONFUSION 4
this case the U.S. Congress, has the legal authority to overturn the state statute because it
negatively affects interstate commerce.
Stages of a Civil Suit
Stage one of a civil suit is referred to as the pleadings. This stage generally begins when
one party files a complaint against another party. During this stage the “plaintiff” or the person
bringing the suit must provide facts or evidence that supports his or her claim. Also in this stage
the “defendant” or the person to whom the suit is being filed against must admit or deny
involvement or knowledge of the allegations being brought against him or her.
Stage two is commonly referred to as discovery. During this stage the plaintiff and the
defendant are interviewed under oath about the facts of the suit. In the event documentation
exists that one or both parties may need to support their case, documentation must be shared.
Also should there be an individual or organization needed to provide details involving the suit
and they refuse to participate, he or she can be served a subpoena legally compelling him or her
to participate.
Stage three consists of the court being requested to make a ruling. This is commonly
known as a motion. Examples of motions or rulings include dismissing the case completely or
determining there is no need to go to trial because there is no dispute of the facts and a summary
of judgment can be made. A motion can also be made or to compel an uncooperative party to
provide evidence or requested information pertinent to the case.
5. STATE OF CONFUSION 5
Stage four is the pre-trial stage. During this stage the plaintiff and defendant prepare for
trial. This stage also involves each parties lawyer’s prepare their case and defense, prepare
opening and closing arguments, and preparing their direct and cross examinations.
Stage five is the trial proceedings. At this time the jury selection or Voir Dire takes
place. At this time opening statements are made and witnesses are called and questioned. Trial
proceedings generally conclude with closing arguments followed by deliberations and finally a
verdict.
Stage six consists of post-trial motions. This can include a motion for judgment or a
motion for a new trial.
Stage seven is the appeal process. Generally, the defendant receives only one appeal
request. If the appeal is granted, the appeal decision is considered final.
Conclusion
In this paper I addressed the civil suit of Confusion versus Denial. The details of the suit
involved the State of Confusion enforcing a statute the made it illegal for out of state trucks from
entering the state without operating with a B-type truck hitch. The complainant, Tanya Trucker,
a resident of the State of Denial, filed suit because the local statute caused undue financial
burden on her company. I identified what court would have jurisdiction on this matter if the
statute was constitutional, and provided details about what part of the U.S. Constitution would be
applied by the court. I came to the conclusion that Tanya Trucker would prevail in her lawsuit
6. STATE OF CONFUSION 6
and provided detailed reasons supporting my conclusion. Last, I identified the stages of a civil
suit along with an explanation of each stage.
References
Code 28 § 1332(a) - Diversity of Citizenship; Amount in Controversy; Costs
U. S. Constitution, Art. I, § 8, cl. 3.
Cornell University Law School, Legal information Institute, 28 USC § 1332 - DIVERSITY OF
CITIZENSHIP; AMOUNT IN CONTROVERSY; COSTS.
Retrieved February 28, 2012, from Cornell University Law School Website:
http://www.law.cornell.edu/wex/commerce_clause
Mack, J (2009). The Stages of a Civil Lawsuit. Macklawonline.com.
Retrieved February 28, 2012, from mackonline Website
http//macklawonline.com/yahoo_site_admin/assets/docs/Outline_for_Joe_ Mack_
