State of Confusion
The state of Confusion has enacted a statute requiring all trucks and towing trailers to use its highway to use a B-type truck hitch. Tonya Trucker owns a trucking company and thinks that this statute is a waste of unnecessary money. Tonya would have to avoid driving through Confusion if she did not decide to upgrade to the B-type hitch. That would also be an expense to her company. Tonya has decided to file suit against Confusion to overturn the statute.
What court will have jurisdiction over Tanya’s Suite? Why?
Federal Court will have jurisdiction over Tanya suit. The Federal Court will have jurisdiction because her company operates in the state of ...view middle of the document...
A truck is someone’s personal property and if for any reason, it is the company chooses to use a different hitch other than the B-type hitches. Tonya Trucker owns a trucking company and for the state of Confusion not let her drive through is not constitutional. In the U.S. Constitution, it states each state to honor others. The state of Confusion can make a law for the citizens. Confusion requires their citizens to have B-type hitch, but in other states where there is no law, it is an unnecessary expense for them. The state of Confusion needs to honor the other and not make this a law.
What provisions of the U.S. Constitution will be applied by a court to determine the statue’s validity?
Tonya is in the general jurisdiction court of Confusion, she needs to use the information that she is not a resident of the state of Confusion. She can use the U.S. Constitution on her side, Article 4 section 1 – Each state to honor others: full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every state. In addition, the Congress may by general Laws prescribe the Manner in which such Acts, Records proceedings shall be proved, and the Effect thereof (usconstitution.net). Tonya needs to plead her case and make the judge believe this law going to draw people away from Confusion. The courts could also use this part of the U.S. Constitution against Tonya Tucker. She needs to realize that she is asking another state to overturn their law. The judge may look the other way because he or may think she does not what to follow Confusion law.
Is Tanya likely to prevail on her suit? Explain the reasons for your answer.
Tonya would be attending general jurisdiction, civil court in the state of Confusion. The first...