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A Hypothetical case involing Constitutional tenets

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.

Solution Preview

- What court will have jurisdiction over Tanya's suit? Why?

The first court that would decide on her case would be the district court within the state specially constituted to decide issues regarding interstate commerce. If the plaintiff or state seeks to appeal the decision made by this court the case will be appealed to the State Supreme Court. The reason that these two courts have jurisdiction is because of the wide discretion and broad powers that states' have in regulating its highways and thoroughfares. Therefore, this ability can contrast with the commerce clause, which is a provision in the Constitution that seeks to restrict overbroad cases of regulation similar to this scenario. The special district ...

Solution Summary

Tanya Trucker vs. the State of Confusion is an hypothetical view of a real issue that may emerge in regard to constitutional rights of states to require provisions in reference to interstate travels for commerce. The solution provides a detailed response the hypothetical case involving the issue of interstate travel and gives the student the current law that would be applied in this hypothetical case.