Essay on "Business Law the Federal District"
Essay 3 pages (1071 words) Sources: 3
[EXCERPT] . . . .
As stated earlier the issue is whether the State of Confusion's statute forcing any truckers who drive through the State of Confusion to stop and purchase B-Type Hitches which are sold only in the State of Confusion is unconstitutional. In considering the constitutionality of a state statute that is being challenged under the doctrine of the commerce clause, the federal courts will take their cue from the Supreme Court. Over the years the Supreme Court has allowed states to enforce statutes and regulations when there is a high interest in public safety and the burden of the costs associated with the statute or regulation are enforced equally among state residents and out of state residents. Kassell v. Consolidated Freightways Corp. Of Delaware, U.S. 662, 67 L.E.d.2d 580 (1981). The Supreme Court has indicated that it will analyze the constitutionality of a state constitution by looking how high the burden imposed on non-residents of the state is in addition to what the interest of the state is in enacting the legislation.Based on this guidance it is likely that the attorney's for Tanya Trucker and the attorney's for the State of Confusion will formulate the issue in two different ways. In the arguments on behalf of the State of Confusion, the Attorney will argue that the statute requiring all trucks on the roads to possess B-Type Hitches is constitutional because it applies to all trucks and the state requires it because it is the safest hitch around or something to that extent. On the other hand, the attorneys for Tanya Trucker will argue that the statute should be invalidated because it is an unfair burden on truckers who don't live in the state and who have to pause and purchase this Hitch for
download full paper ⤓
I think that Tanya Trucker will win her case. There is nothing in the facts to indicate that the State of confusion is concerned with safety or some other health concern. The Supreme Court has upheld state statutes and legislation that interfere with interstate commerce if they can show an overwhelming safety or health reason. The State of Confusion does not seem to be concerned with health because if they were they would simply identify a number of different hitches who all had the highest safety ratings and require that all truckers use those ones. The fact that the State of Confusion is requiring hitches made in its own state suggests that they are not concerned about safety but rather increasing the revenues of their businesses. In this instance the court will likely declare the statute unconstitutional and find for Tanya Trucker.
Bibliography
U.S. Const. art. I, § 8, cl.3.
Federal Rules of Civil Procedure (F.R.C.P.) (Amended Dec. 1, 2010) Accessed 22 Dec. 2011, Retrieved http://www.law.cornell.edu/rules/frcp/.
Kassell v. Consolidated Freightways Corp. Of Delaware, U.S. 662, 67 L.E.d.2d 580 (1981). READ MORE
Quoted Instructions for "Business Law the Federal District" Assignment:
“The course is BUS/415 Business Law: University of Phoenix
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:
What court will have jurisdiction over Tanya’s suit? Why? Is the Confusion statute constitutional? Discuss your legal reasoning. What provisions of the U.S. Constitution will be applied by a court to determine the statute’s validity? Is Tanya likely to prevail on her suit? Explain the reasons for your answer. Set forth in detail the stages of a civil suit.
(please note this teacher checks for other peoples work)
How to Reference "Business Law the Federal District" Essay in a Bibliography
“Business Law the Federal District.” A1-TermPaper.com, 2011, https://www.a1-termpaper.com/topics/essay/business-law-federal-district-court/3227351. Accessed 3 Jul 2024.
Related Essays:
Business Law - 6 Case Briefs Buckeye Research Proposal
Business Law - 6 Case Briefs
BUCKEYE CHECK CASHING, INC. Vs. CARDEGNA (546 U.S. 440)
Procedural History:
Buckeye v. Cardegna was a decision issued by the U.S. Supreme Court in… read more
Research Proposal 6 pages (1743 words) Sources: 1 Style: MLA Topic: Law / Legal / Jurisprudence
Business Law Berkeley Premium Nutraceuticals, Inc Research Proposal
Business Law
Berkeley Premium Nutraceuticals, Inc.
There are three main things that a business needs to remember in order to stay out of trouble. First, always tell the truth about… read more
Research Proposal 8 pages (2742 words) Sources: 4 Style: APA Topic: Business / Corporations / E-commerce
Business Law Contract Analysis U-Haul: A Subsidiary Term Paper
Business Law
Contract Analysis
U-haul: A subsidiary of AMERCO Holdings
U-haul is a brand under the parentage of AMERCO Holdings Company. AMERCO has five operating segments including Moving and Storage,… read more
Term Paper 15 pages (4590 words) Sources: 3 Topic: Business / Corporations / E-commerce
Business Law in the Case of Arthur Essay
Business Law
In the case of Arthur Andersen v. United States, the Supreme Court overturned a lower court ruling that the company had obstructed justice. The case centered on the… read more
Essay 2 pages (662 words) Sources: 2 Topic: Law / Legal / Jurisprudence
Business Plan for the Farmery Business Plan
Business Plan
Product Description
Market Analysis
Demographics
Regulatory Environment
Competition
Marketing Plan
Market Penetration Strategy
Advertising Media
Management Plan
Company Organization
Company Philosophy
Personnel Policies
Training
Record Keeping
Manufacturing Plan… read more
Business Plan 15 pages (4066 words) Sources: 15 Topic: Business / Corporations / E-commerce
Wed, Jul 3, 2024
If you don't see the paper you need, we will write it for you!
We can write a new, 100% unique paper!