Tanya Trucker vs State of Confusion
The federal court will have full jurisdiction over Tanya Trucker’s suit against the State of Confusion. According to the US court systems (uscourts.gov), federal courts have jurisdiction over cases that arise between state lines. Controversies that arise between two states or a state and the citizen of another state are to be held under federal jurisdiction.
The case is one of controversy between a trucking company and a state law. Thus according to Article III, Section 2 of the U.S. Constitution, even though states are allowed to create further laws under those created by federal law, if a state law poses a controversy those concerns will be ...view middle of the document...
For the state of Confusion to pass a law that only benefits the state financially, and provides no enhancement of safety, shows that it was inadequately made. Therefore, the law for the B-type hitch should be eliminated.
Before appearing in court to discuss any infractions their are a few steps required when applying for a civil law suit. There are several set stages when filing a law suit. The first consists of the pre-filing phase. “Pleadings” need to be filed by the plaintiff to outline the case against the defendant. The sole purpose of filing a petition is to specifically provide the defendant with a legal notice of factual and legal grounds for the plaintiffs claims. This also will state where and when the proceedings will take place. The next step in the procedure is the pleading or summons. This is when a motion is put forth for the court to send out proper notification to the defendant that is getting sued in the law suit. Once this paper work has been received by the necessary party, it is their responsibility to send back an answer to the court regarding all addressed issues in the summons. The defendant at this time is able to file a counterclaim against the plaintiff if for any reason there is full reasoning for the new claim. The defendant has full rights to assess all claims being made against their party and dismiss claims based on incorrect venue, insufficient service, lack of personal jurisdiction, not showing plausible cause of actions, or lack of subject matter jurisdiction (Mack, 2010). Most of the time if there are more than two parties involved in a suit a counter claim will take place. If an individual has legal reasoning to pass liability of a law suit to another party, then a third-party complaint may be filed in this stage of actions as well.
The Second stage is called Fact-Finding and Discovery. This stage allows a party to admit or deny facts that pertain to the case at hand. There may be penalties for not answering the questions as well. This stage is mainly used to include both parties in the documentation as and making sworn statements in regards to each individual’s side of the suit. Court reporters are present at the end of the discovery process in order to write a accurate transcript of everything that is being said. This stage was designed to eliminate any surprises in court and allow both parties proper investigation of all claims prior to proceedings. The judge will only make an entrance if the two parties are in a disagreement and will not agree on terms of the suit. This stage can be the most expensive and time consuming.
Resolutions is the third and fourth stages of a suit process. There are chances that a lawsuit may be resolved in this stage of orders. The ruling of a motion between two parties may easily solve all issues in the pretrial motions. From this point both parties would move into the Resolution stage where it may be possible to settle on agreements...