Essay on "Confusion Hypothetical: Can the State"

Essay 4 pages (1430 words) Sources: 3

[EXCERPT] . . . .

The Southern Pacific Court held that the law was unconstitutional because it interfered with travel, and the right to unfettered travel is at the heart of the Commerce Clause.

Analysis: It is difficult to know which court would have jurisdiction because the factual scenario given does not provide sufficient details to answer the question. Obviously, the issue involved is a federal question, which is one of the steps to triggering diversity jurisdiction. Tanya Trucker is in Denial and it is a Confusion state law, so that the federal court for the jurisdictions of both Denial or Confusion could probably exercise diversity jurisdiction if the amount in question is $75,000 dollars, which is the amount in controversy established by 28 U.S.C.S. § 1332(a)(b). However, whether or not Tanya Trucker's damages would reach $75,000 to trigger that diversity jurisdiction is something that cannot be answered from the factual scenario described, though it seems unlikely that the costs of replacing hitches on a truck fleet would reach that amount unless the truck fleet was inordinately large. However, even if Tanya Trucker's damages are insufficient to trigger diversity jurisdiction, she can absolutely bring her suit in a Confusion state trial court; it definitely has jurisdiction and, if she brings suit there, she will not have to meet the amount in controversy burden.

Wherever she brings suit, it seems clear that Tanya Trucker should prevail in her lawsuit. Under the Commerce Clause, Congress has the exclusive power to regulate commerce between the states. Even rationally-based statutes that impact interstate commerce are impermissible. The statute in question requires truckers to either change hitches or avoid going through Confusion, which would obviously impact the import/export of goods into and out of Confusion as well as the delivery of goods to other locations. The statute clearly will impact interstate commerce.

Conclusion: Multiple courts could have jurisdiction over this issue. First, a Confusion trial-level court will have jurisdiction over the lawsuit. Second, if the amount in controversy in sufficiently large, Tanya could bring suit, not only in the federal district courts for Confusion and Denial, but also in any jurisdiction in which she has business contacts. Regardless of where she brings suit, the court will find that the Confusion state statute is unconstitutional.

Stages of a Civil Suit

There are a number of different stages in a civil lawsuit, though it is important to keep in mind that many lawsuits are settled before the completion of all of the stages. The first stage is the pleadings. During this stage, the plaintiff files a lawsuit alleging certain specific facts that constitute a violation of a law, and the defendant files an answer to the complaint as well as any counterclaims. Stage two is discovery, which has expanded in recent years. During discovery, each party is entitled to get information from the other party. Discovery can include depositions, interrogatories, and demands for production. In many cases, discovery is the reason that people have filed suit, so that they can determine whether there is a sufficient factual basis for continuing a lawsuit. The third stage of the lawsuit is the pre-trial motion stage, during which parties can file motions asking the court to render judgment prior to trial. These motions can include motions to dismiss or for summary judgment and are usually based on the idea that the facts, as alleged, do not support a legal claim. The fifth stage of the civil suit is the actual trial, though, in some jurisdictions, has mandatory mediation or other forms of alternative dispute resolution in order to avoid trial. At trial, each party presents its evidence before the court, and the court renders its judgment. The next stage of the civil suit is post-trial and involves enforcing judgments and any appeals. From a state trial court, an appealed suit travels to the state appellate court, and state supreme court, then federal Supreme Court. From a federal trial court, an appealed suit travels to the federal appellate court, and federal Supreme Court.

References

28 U.S.C.S. § 1331

28 U.S.C.S. § 1332(a)(b).

Southern Pacific Co. v. Arizona, 61 Ariz. 66, 145 P.2d 530 (1945).

U.S. Const. amend. XI.

U.S. Const. art. I, § 8(3). READ MORE

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