State of Confusion

State of Confusion

Business Law/BUS415

State of Confusion

The state of Confusion has enacted a law that requires all trucks and trailers that travel on highways in the state have a B-type truck hitch. Truck drivers that drive through Confusion must either already the special hitch installed or have it installed at the only manufacturer in Confusion. Otherwise, the driver must find a route that bypasses the state of Confusion altogether. Tanya Trucker owns a trucking company in the state of Denial and is upset about the additional expense that her business must incur as a result of the statute. She plans to file suit against Confusion to overturn the statute (University of Phoenix, 2010). Presented here is an analysis of Tanya's case against the state, including an overview of the stages of a civil case, the jurisdiction of the case, an evaluation of the constitutionality of the statute, and the possible outcome of the suit.

Stages of a Civil Suit

There are several stages of a civil suit, including the pretrial processes, the trial, and the appeal. The first step in a civil suit is for the plaintiff to file her initial complaint that names the parties involved and describes the injury, the law violated, and the desired relief that the plaintiff is seeking. The defendant is then summoned to court to answer to the complaint. In addition, the defendant can file a cross-complaint, which the cross-defendant would then issue a reply to. After the initial pleadings, the case moves into the discovery portion of the case. During discovery, both parties gather and share information and evidence relevant to the case. This phase includes conducting depositions and interrogatories, producing documents, and conducting examinations (Cheeseman, 2010). Unless a summary judgment is issued or a judgment on the pleadings is granted, the case moves the pretrial hearing. At this time, the parties can agree on a settlement without going to trial. If the parties do not agree on a settlement, the case moves into the trial phase of the case.

Once in the trial process, there are several phases to a trial including jury selection (if applicable), opening statements, plaintiff's case, defendant's case, rebuttal, rejoinder, and closing arguments (Cheeseman, 2010). Once all phases of the trial are complete, the case goes to the jury or judge for the verdict. After the verdict in a civil case is issued, either party can appeal the court's decision in appellate court.

Jurisdiction

Before filing her suit, Tanya must determine which courts have jurisdiction to hear her case: state or federal courts. Federal courts have exclusive jurisdiction over some specific types of cases. Only federal courts have jurisdiction over cases involving federal law, bankruptcy, suits against the United States, and antitrust laws. However, in addition to the cases that they have exclusive jurisdiction over, federal courts have limited jurisdiction over cases that fall into certain categories. If a case involves a federal question, such as cases "arising under the U.S. Constitution, treaties, and federal statutes and regulations" (Cheeseman, 2010, p. 41), the case may be heard in federal court. Another type of case that may be heard in federal court is one that involves diversity of citizenship. Diversity of citizenship arises when the parties involved in the lawsuit are citizens of two or more different states.

State courts have jurisdiction over all cases not covered by federal jurisdiction. Generally, state courts have jurisdiction over cases involving state and local laws, sales and lease contracts, and real estate. However, because state and federal courts have concurrent jurisdiction over cases involving federal questions