¶ … Confusion Hypothetical: Can the State Enact a Statute Requiring a Specific Tow Hitch?
Facts: Tanya Trucker is a trucking company owner who resides in and/or operates her business in the state of Denial. Her trucking business operates in the state of Confusion as well as other states. The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch, which is manufactured by only one manufacturer in confusion. As a result, truckers either have to avoid Confusion or have the hitch installed. The federal government has not attempted to regulate truck hitches on the nation's highways. Tanya Trucker intends to file suit against Confusion to overturn the statute.
Issues: Is the Confusion state statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch Constitutional? What court would have jurisdiction over this issue?
Reasoning: Prior to determining whether the statute in question is constitutional, it is important to determine which court would have original jurisdiction over this dispute. At question is which court would have jurisdiction; the district court for the state of Denial, the district court for the state of Confusion, or one of the state courts. This issue involves examining whether diversity jurisdiction applies, or whether a state court would retain jurisdiction. In order to address this issue, one must look at the applicable statutes addressing diversity jurisdiction. Because the plaintiff, Tanya Trucker, is located in a state outside of confusion, she and the state are considered to be diverse, therefore diversity jurisdiction may apply. 28 U.S.C.S. § 1331 provides that the district courts have original jurisdiction over all actions arising under the Constitution, laws, or treaties of the United States. 28 U.S.C.S. § 1332(a)(b) is the federal law that discusses diversity jurisdiction. 28 U.S.C.S. § 1332(a)(b) provides that when the amount in controversy is at least $75,000, the federal courts have original jurisdiction over lawsuits where the parties are citizens of different states. The problem is that Tanya Trucker's lawsuit is not against a citizen of Confusion, but against...
Restraining the Elderly Project Management The Project Management path for this research proposal will follow the path of quantitative research in a 'quasi-experimental' environment. Adhering as closely as possible to quantitative experiments designed to establish the causal factors or interdependent links between grouped variables, the researcher will follow a natural course of progression in administering dependent and independent variables, designing the sampling set, determining the optimal time(s) and location(s) for conducting the
Double Jeopardy and Legislative Limitations The legal concept of "Double Jeopardy" is a rather simple one to define and to understand, but application of the Double Jeopardy standard is anything but easy or simple. On a very basic level, Double Jeopardy is a limitation in court proceedings that the same person cannot be tried for the same crime twice, regardless of the verdict or outcome of the first trial. But, as
In "Piaf," Pam Gems provides a view into the life of the great French singer and arguably the greatest singer of her generation -- Edith Piaf. (Fildier and Primack, 1981), the slices that the playwright provides, more than adequately trace her life. Edith was born a waif on the streets of Paris (literally under a lamp-post). Abandoned by her parents -- a drunken street singer for a mother and a
Clinical Psychology Dissertation - Dream Content as a Therapeutic Approach: Ego Gratification vs. Repressed Feelings An Abstract of a Dissertation Dream Content as a Therapeutic Approach: Ego Gratification vs. Repressed Feelings This study sets out to determine how dreams can be used in a therapeutic environment to discuss feelings from a dream, and how the therapist should engage the patient to discuss them to reveal the relevance of those feelings, in their present,
cultural diversity issues and its impact on nursing professionals' practice. It assesses a client hailing from a different culture, and employs information derived from the assessment determining and reflecting on health practices and beliefs of the client's culture. Lastly, nurses' role in the care of patients hailing from diverse backgrounds care is analyzed, and a conclusion is drawn. Client Interview Data Client's health beliefs in relation to cultural diversity The client comes
Origins, History of the IMF The International Monetary Fund was first conceived between July 1-22, 1944, at the United Nations Monetary and Financial Conference in Bretton Woods, New Hampshire. The conference was attended by representatives of 45 nations, which were called together in order to plan and lay the groundwork for a cooperative economic framework to solve global financial crises before they occur. One key reason for the conference was to
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now