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State of Confusion

Essay by   •  September 26, 2011  •  Essay  •  919 Words (4 Pages)  •  1,605 Views

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State Of Confusion

The State of Confusion was a statute that suggested that all trucks and towing trailers that use the state highways to use a type-B truck hitch. The problem was that the type-B truck hitch was only manufactured by one company in that state. As a result of this statue all truckers who used the highways in the state of confusion had to stop and purchase and install a type-b truck hitch. The Statute cause problems for individual like Tanya how owns a trucking company in the state of denial. Tanya is not happy about the new statue and how much money it will cause her company.

Tanya's Suit

Tanya is filing a suit against the state of confusion to try to overturn the statute that requires all trucks in the state of confusion to use a type-B truck hitch. Previously the federal government had not made an attempt to regulate truck hitches. This is a suite occurring between the state of denial and the state of confusion. The state of confusion does have the right to maintain safety on the state highways. However, the state is limited by the Interstate Commerce Act, The department of Transportation and the Interstate Commerce Commission. The lawsuit is related to Interstate Commerce and the Supreme Court will have jurisdiction over Tanya's Suit because the handle any case related to Interstate Commerce.

Overturned

The law in the State of Confusion will be overturned, the law will be overturned because there are too many problem related to the law. The only way that truckers like Tanya can obtain the specific type-B hitch is to have the hitch installed when entering the State of Confusion. The next problem with the law in the State of Confusion is that the hitch is only manufactured and installed in the State of Confusion. The law would not be overturned if the type-B hitch was available in other states. If the type-B hitch was available in other states truckers could have the hitch installed in other states and picked the manufacturer. Some could argue that the purpose of the law is for the manufacturer to make money in the State of Confusion. The finally problem with the law is that every state could become the State of Confusion and require that truckers have a different hitch in each state that would be very costly for the truckers and company owners.

One Sided law

The State of Denial has a good chance of the law in the state of Confusion overturned. The state of Confusion passed a law to keep the highways safe. At the same time the law only helped the manufacture of the hitch in the state of Confusion. Also the law demands that the type -b hitch be used the law offer no alternative hitch. The trucker also need to know if the hitch has been tested and meets the standard set by the Department of Transportation and the Interstate commerce

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