Problem 1: What court will have jurisdiction over Tanya's suit? The state court will have jurisdiction over Tanya's suit. Why? The state court system basis its rulings with considerations on the application of the Common Law system. The court is composed of a two sided argument of a plaintiff and a defendant. Both parties gather all of their documentation to prove their case before a judge. Each case is categorized on a three-tiered system depending on important areas (Lovorn, 2002).
Problem 2: Is the Confusion statute constitutional? The statute is not constitutional the federal government has not made any attempt to regulate the truck hitches used on the nation's highways. Discuss your legal reasoning. "Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. The federal courts or the Article III US District Courts have general jurisdiction such as original (trial) jurisdiction over most of the cases heard in the federal court system. Some courts of have limited jurisdiction."
(Lovorn, 2002).
Problem 3: What provisions of the U.S. Constitution will be applied by a court to determine the statute's validity? The Commerce Clause, Article I Section 8 Clause 3 of the Constitution of the United States, grants Congress the power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. The commerce power is an enumerated power of Congress and the Supreme Court has interpreted it as an express grant of authority to Congress and an affirmative limitation on the rights of the states to regulate commerce within their own borders" (Supremacy Clause, 2010).
Problem 4: Is Tanya likely to prevail on her suit? Explain the reasons for your answer. Tanya is likely to prevail on her claim as a result of the opposing party statute is unconstitutional the federal government has not made any attempt to regulate the truck hitches used on the nation's highways. 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 statute is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion. Apparently, there is no federal law to support this statute according to the Supremacy or Commerce clauses "However, where there is an obvious compelling state interest to protect, state regulations are constitutional. Restrictions on the width and weight of trucks passing through a state on its highways are valid, since the state, pursuant to its police power, has a legitimate interest in protecting its roads.