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State of Confusion Paper
In the state of Confusion lawsuit the court that will have jurisdiction over Tanya’s lawsuit will be a federal court. I believe that the suit could go as far as the Supreme Court. The reason I believe this is that it is unconstitutional restraint on trade or a violation of the commerce clause. I also believe that the lawsuit will take place in federal court because one state cannot cause others harm just for driving through their state. The Commerce Clause is an enumerated power listed in the Constitution and the clause states that Congress will regulate the commerce with states and foreign nations. The Necessary and Proper Clause is the final clause of article one, section eight. The Constitution is clearer about the role of Congress verse interstate commerce in article one, section nine, clauses one, five and six.
The state of Confusion’s law is unconstitutional. This means that one state cannot affect other cars or trucks from coming through there city or state because of its one law. There might be an exception when a state can prove that their law will better protect the citizens of this country. For this to happen it would need to go before the Supreme Court, and the laws would be changed across the United States. Then like with most laws our road ways the government will not make the state abide by the laws, but they will give money or take money away if they do not go by what they (the federal government) wants them to do. I also believe Tanya will prevail in her lawsuit because unless this state can show that it will better protect the citizens of this country it will hurt other trucks that come through this state.
The stages of a civil suit is as follows. First is pre-filing. This consist of personal jurisdiction, subject matter jurisdiction and venue. Second, the person being sued pleads. What takes place in the part is the complaint, service of process, preliminary motions, answers, and request for jury trial. The third...