BUS 415 Week 2 Individual Assignment State of Confusion Paper
BUS 415 Week 2 Individual Assignment State of Confusion Paper
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Date Created: 11/16/15
State of Confusion Paper Your Name Here University of Phoenix BUS 4 15 Week 2 BUS41 5 BUS41 5 State of Confusion Paper What court will have jurisdiction over Tanya s suit According to Chapter 1 Cheeseman 2010 of the text Valid federal law takes precedence over any con icting state or local law In this particular case one could come to the conclusion that the Federal court would have jurisdiction over Tanya s suit However the text Cheeseman 2010 also states If the plaintiff brings a case involving concurrent jurisdiction in state court the defendant can either let the case be decided by the state court or remove the case to federal court If a case does not qualify to be brought in federal court it must be brought in the appropriate state court If the state of Confusion is the state that has enacted the statute requiring all trucks and towing trailers that use its highways to use a B type truck hitch then the it would be illogical for her to try to file suit inside the state that has enacted the statute the statute was probably created to raise money inside their own state so why would they remove it without just cause They won t remove it unless forced to do so by the govemment In conclusion one could come to the fact that both courts both state and federal will have jurisdiction but it will depend on which court Federal or State she files the suit it is very unlikely that she files in the state court because the state has probably enacted the statute for its own gain Is the Confusion statute constitutional According to a similar case Rowe Attorney General of Maine v New Hampshire Motor Transport Association128 SCt 989 169 LEd2d 933 Web 2008 US LeXis 2010 2008 Supreme Court of the United States the Confusion statute is not constitutional In this case the Court described Congress overarching goal as helping assure transportation rates routes and services that re ect maXimum reliance on BUS41 5 competitive market forces thereby stimulating efficiency innovation and low prices as well as variety and quality The federal law preempts the Maine laws at issue here The same can be said about the state of Confusion and the statute that they put in place to mandate that anyone passing through their state must have a B Type truck hitch The Maine law produces the very effect that the federal law sought to avoid namely a State s direct substitution of its own governmental commands for competitive market forces in determining the services that motor carriers will provide The state of Confusion by forcing anyone who travels through their state to have a Btype hitch is affecting the competitive market seeing that their state is the only state that produces the Btype hitch and the federal government has not made any attempt to regulate the truck hitches used on the nation s highways The case states To allow Maine to insist that the carriers provide a special checking system would allow other States to do the same To interpret the federal law to permit these andor similar state requirements could easily lead to a patchwork of state servicedetermining laws rules and regulations The state regulatory patchwork is inconsistent with Congress major legislative effort to leave such decisions where federally unregulated to the competitive marketplace To allow Maine directly to regulate carrier services B type hitch for trucks passing through their state would permit other States to do the same The case Attorney General of Maine v New Hampshire Motor Transport Association decided that federal law must preempt Maine s efforts directly to regulate carrier services In similar fashion based on the law that was regulated against the state of Maine the same would be done against the state of Confusion because of their attempt to create an unbalance in the competitive market of transportation BUS41 5 What provisions of the US Constitution will be applied by a court to determine the statute s validity The US Constitution will determine the statute s validity based on the Supremacy Clause which establishes that the federal Constitution treaties federal laws and federal regulations are the supreme law of the land State and local laws that con ict with valid federal law are unconstitutional The concept of federal law taking precedence over state or local law is commonly called the preemption doctrine Is Tanya likely to prevail on her suit Based on the similar case Attorney General of Maine v New Hampshire Motor Transport Association Tanya is likely to prevail in her suit against the state of Confusion The fact that the federal government has made no attempt to regulate the truck hitches used on the nation s highways is a clear indication that the state of Confusion is in the wrong The state of Confusion in its attempts to generate income within their own state has crossed some provisions in the constitution and will lose the case According to McClanahanD 2010 there are ten steps that are involved in a civil law suit Step 1 The legal process begins once a complaint is filed in court The complaint outlines the reasons why one person feels the court should award some remedy typically making a party pay damages Step 2 After filing the complaint a copy of the complaint must be delivered to the defendant This is called service Service is usually by a sheriff s deputy or through certified mail Once served the defendant must answer or respond to the complaint within 30 days an extension of 30 additional days is available and customarily taken If the defendant doesn t timely answer the plaintiff may get a default judgment BUS41 5 Step 3 In the defendants answer he or she could bring a counter suit against plaintiff counterclaim bring a claim against a co defendant cross claim or bring a suit against a third party third party complaint Step 4 After the answer is filed discovery begins Discovery is a period before trial where parties gather facts about the case Discovery can take months and can last right up until a trial Step 5 Parties can also file motions during the discovery phase A motion is simply a request for court action Step 6 Prior to trial cases are typically ordered into mediation Superior Court or arbitration District Court Mediation is a meeting for the parties to discuss the case with the assistance of a certified mediator and attempt to resolve it The parties determine whether the case is settled or not the mediator cannot force a decision Step 7 Many cases are resolved before going to trial However if both sides have good arguments or are unable to find a middle ground a trial is the next stage Trials are decided by a judge unless either party requests a jury Step 8 Once the trial is over a judgment is issued A judgment is the court s decision in a matter For these purposes we will assume a plaintiff has won a money judgment Before beginning the collection process you have to wait 30 days for the appeal period to run Step 9 If you have a judgment against an individual you must first serve the defendant with a Notice of Rights to Claim Exempt Property Individuals have 20 days to fill out and file their response asking that certain property be excluded from the sheriffs collection efforts BUS41 5 Step 10 Once filled out by the clerk the Writ of Execution is delivered to the sheriff for collection This process can take some time and some defendants have no property from which to collect the judgment References Cheeseman H R 2010 The legal environment of business and online commerce Business ethics ecommerce regulatory and international issues 6th ed Upper Saddle River NJ Pearson Prentice Hall McClanahanD 2010 Stages in a civil law suit McClanahan Law Retrieved November 1 2010 from httpwwwmcclanahanlawcomindeX2php optioncom contentampdo pdf1ampid20
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