State of Confusion with Tanya's suit about type of hitch required for trucks.
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The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statute is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nation's highways. Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statute imposes on her business. She intends to file suit against Confusion to overturn the statute.
What court will have jurisdiction over Tanya's suit? Why?
Is the Confusion statute constitutional? Discuss your legal reasoning.
What provisions of the U.S. Constitution will be applied by a court to determine the statute's validity?
Is Tanya likely to prevail on her suit? Explain the reasons for your answer.
Set forth in detail the stages of a civil suit.
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Solution Summary
This solution identifies the clause in the constitution which is violated by the Confusion statute and discusses the stages of a civil lawsuit in 360 words.
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Federal court in Confusion should have jurisdiction over Tanya's suit because this case involves a constitutional question and the parties are from different states.
Confusion's state statute is unconstitutional because it unduly burdens interstate commerce.
The Commerce Clause in the United States Constitution (Article I, Section 8, Clause 3) applies here. The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". The Commerce Clause authorizes Congress ...
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