State of Confusion - Paper 1
Scenario
The State of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statutory requirement is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or detour around the State of Confusion. The federal government has no regulations concerning these truck hitches. Tanya Trucker, who owns a trucking company headquartered in the State of Denial, is not happy about the additional expense this statute imposes on her business. She intends to file suit against the State of Confusion to overturn the statute.
Jurisdiction refers to a court’s authority and right to speak the law or render a decision in a legal dispute. According to The legal environment of business: A managerial approach: Theory to practice, jurisdiction can be described as, is a court’s authority to decide a particular case based on (1) who the parties are, and (2) the subject matter of the dispute” (Melvin, 2012, p.58).
This venue is a determination of the most appropriate location for litigating a dispute. “While jurisdiction requires an analysis of whether a court has authority over a particular case, venue is the legal concept that defines the most appropriate location for the trial. Two or more courts will sometimes have jurisdiction over the very same matter, but it would be more appropriate from a fairness perspective to hear the case in a particular location” (Melvin, 2012, p.59). If Tanya Trucker desires to file a lawsuit against the State of Confusion to overturn the statute they have enforced she must understand which jurisdiction to file in. Initially, Tanya Trucker must decide in which court to file the lawsuit. The court selected must have jurisdiction over the case of this type of dispute. The venue where Tanya Trucker should file her suit is with the court of
The State of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statutory requirement is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or detour around the State of Confusion. The federal government has no regulations concerning these truck hitches. Tanya Trucker, who owns a trucking company headquartered in the State of Denial, is not happy about the additional expense this statute imposes on her business. She intends to file suit against the State of Confusion to overturn the statute.
Jurisdiction refers to a court’s authority and right to speak the law or render a decision in a legal dispute. According to The legal environment of business: A managerial approach: Theory to practice, jurisdiction can be described as, is a court’s authority to decide a particular case based on (1) who the parties are, and (2) the subject matter of the dispute” (Melvin, 2012, p.58).
This venue is a determination of the most appropriate location for litigating a dispute. “While jurisdiction requires an analysis of whether a court has authority over a particular case, venue is the legal concept that defines the most appropriate location for the trial. Two or more courts will sometimes have jurisdiction over the very same matter, but it would be more appropriate from a fairness perspective to hear the case in a particular location” (Melvin, 2012, p.59). If Tanya Trucker desires to file a lawsuit against the State of Confusion to overturn the statute they have enforced she must understand which jurisdiction to file in. Initially, Tanya Trucker must decide in which court to file the lawsuit. The court selected must have jurisdiction over the case of this type of dispute. The venue where Tanya Trucker should file her suit is with the court of
References: Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin. Law2. 2012. Commerce Clause Limitation on State Regulation. Retrieved from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/statecommerce.htm Law.Cornell. 2012. Amendment X. Retrieved from http://www.law.cornell.edu/constitution/tenth_amendment