Tanya truck driver vs. the State of Confusion
Gregory Wray
BUS/415
April 19, 2011
University of Phoenix
Tanya Trucker vs. the State of Confusion
This composing exit discuss a cultivated display case where Tanya Trucker is the plaintiff and the verbalize of confusion is the defendant. The state of confusion has mandated a B-type of trailer hitch for all tractor trailers that uses the highways in the state of Confusion. This will require the truckers to either install the new hitch or drive around Confusion. This regulation will cause truckers spare expenses that drive through Confusion. The federal government has not do this B-type regulatory for the national highway. Tanya thinks this a rule that Confusion has go down in place is unconstitutional and is filing for a civil suit.
Jurisdiction
Tanya Trucker will need to file suit in the Federal District Court. This suit should be heard by Federal Court payable to the statute creates an impermissible pith on interstate commerce. According to USlegal.com Interstate commerce refers to the purchase, change or exchange of commodities, transportation of people, money or goods, and pilotage of waters between different states. Interstate commerce is adjust by the federal government as authorized to a lower place Article I of the U.S. Constitution.
The federal government can overly regulate commerce within a state when it whitethorn impact interstate movement of goods and services and may imbibe down state actions which are barriers to such movement (2011). With the statute being unconstitutional this suit should be heard by the federal courts.
Likelihood of Prevailing
Tanya Trucker should prevail in the suit against the state of Confusion. Tanyas case is pretty strong due to the fact that the statute that the state of Confusion has put in place is unconstitutional according to the Interstate Commerce Law. The state of Confusion could raise the fact that it maybe a rubber concern by using the B-type hitches. This safety concern...If you want to ache a full essay, order it on our website: Orderessay
If you want to get a full essay, wisit our page: write my essay .
No comments:
Post a Comment