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lwpat
lwpat, Attorney
Category: Business Law
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Experience:  Attorney with over 35 years of business experience.
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The state of Confusion enacted a statute requiring all trucks

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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.

Write a 900- to 1,400-word paper addressing the following questions:

o What court will have jurisdiction over Tanya’s suit? Why?
o Is the Confusion statute constitutional? Discuss your legal reasoning.
o What provisions of the U.S. Constitution will be applied by a court to determine the statute’s validity?
o Is Tanya likely to prevail on her suit? Explain the reasons for your answer.
o Set forth in detail the stages of a civil suit.
Submitted: 7 years ago.
Category: Business Law
Expert:  lwpat replied 7 years ago.
I am not going to write the paper for you but I will give you the cases to use

So. Pacific Co. v Arizona (1945) demonstrates that state laws might violate the Commerce Clause even when in-state and out-of-state commerce are treated equally. The case involved a challenge to Arizona's law prohibiting trains from crossing the state that contained more than 70 freight cars. Southern Pacific complained that the law required them to choose between disassembling at the Arizona border larger trains, making two runs across the state, and then reassembling the trains or avoiding Arizona altogether. Arizona argued the law was a safety measure designed to minimize the risk of "slack action" accidents to which longer trains are susceptible. The Court applied a test that balanced the state's safety interest against what it saw as the very substantial burden the law imposed on interstate commerce. The law was struck down. The same test was used in 1959 to strike down an Illinois law requiring trucks to have contoured rear fender mudguards rather than the straight mud guard flaps required by most other states (Bibb v Navajo Freight) and in 1978 to invalidate a Wisconsin law that limited truck length to 55 feet at a time when most long haul truck lines had gone to 65 foot trucks (Raymond Motor Transportation v Rice).

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/statecommerce.htm

The issue is what limitations does the Commerce Clause place on the states. The Federal courts will have jurisdiction since it is a Federal question. You want to to your paper in an essay or legal memo format. For the stages see page 27
http://www.uscourts.gov/library/internationalbook-fedcts2.pdf
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Customer: replied 7 years ago.

What provisions of the U.S. Constitution will be applied by a court to determine the statute's validity? o Is Tanya likely to prevail on her suit? Explain the reasons for your answer. o Set forth in detail the stages of a civil suit.

Customer: replied 7 years ago.
sorry, you did answer the set forth in detail the stages of a civil suit.
Customer: replied 7 years ago.
sorry, you did answer the set forth in detail the stages of a civil suit. Is the state of confusion creating a monopoly for the manufactor of the hitch.
Expert:  lwpat replied 7 years ago.
That does not matter. That is what is called a distractor.