State of Confusion

State of Confusion

BUS415-Business Law

October 20, 2010
This paper will review and discuss a case involving a statute that the State of Confusion has enacted upon.   This particular statute applies to all truck and towing trailers that use this state’s highways.   Trucks and towing trailers are to have a B-type hitch installed on their units in order to access Confusion’s highways or face having to drive an alternate route around the state.   If a trucking company fails to comply with this said statute in the state of Confusion, they can stand to face legal action.   Although the federal government has not made an attempt to regulate this statute, Tanya Tucker is still faced with the dilemma of additional expenses because of this statute.   Jurisdiction over a suit filed by Tanya will be discussed as well as if this statute is even constitutional.   If Tanya decides to file a civil suit as well, we will determine what steps she may need to take to further its process.
Jurisdiction
For starters, Tanya Tucker’s lawsuit will go before the Federal District Court (FDC).   The FDC will have jurisdiction over this particular suit because this court system hears cases that involve disputes or controversies between two or more states.   This suit will be heard to determine if the state of Confusion is in violation of the Interstate Commerce Clause.   This clause gives the federal government the authority to regulate interstate commerce.   Because the state of Confusion is requiring all trucks and towing trailers to use this particular towing hitch, this statute will cause problems within the Interstate Commerce Clause.
Constitutional Statute/Provisions
According to Article 1, Section 8, Clause 3 of the Constitution, it states that this clause is “To regulate Commerce with foreign nations, and among the several States, and with the Indian Tribes.” (Constitution of the U.S.)   This means that Congress has the right to regulate commerce in order to make certain that...