State of Confusion Paper

The statutory law or a statute law is any law that is written opposing the oral or a customary law that is set forth by the legislature. This kind of law opposes the laws set forth by the executive branch or the regulatory law. The statute laws can originate from the legislatures or the local municipalities. The lower statutes of jurisdiction are subordinate the statutes of the higher jurisdiction. There are two types of statutory laws, the codified law and the private law.

The codified law- can be defined as a statute that takes the common law in some areas of the law and puts it in a form of statute or in a code form.

Private law- This a law that is not typically codified and may originate as a private bill and its a law that one affects one person or a small group of persons.

In this regard, in the state of confusion enacting a statutory that required all trucks and towing trailers to be fitted with B-type track hitch is a law that will affect only a small group of people who are operating in the state and are operating the trucking companies and trailers. In this regard the statute can be regarded as a private law. Since Tanya is from a different state, it would affect her company only if she wishes to transit through the state or she is to conduct her business in the state (Levy, 1992).

What court will have jurisdiction over Tanyas suit Why
Tanya would be required to file a suit against the state of confusion in the federal courts. There are several and different types of cases that are heard in the federal courts. The federal courts have many jurisdictions as the state courts. The types of cases that are handled by the federal courts are determined by the congress and are listed in the constitution.  The federal courts deals with cases where the citizens of the US are involved and specifically in violation of the constitution or the federal laws.  The cases that are heard by the federal courts are cases that involve the bankruptcy, patent cases or cases which an organization or an individual is involved (Devotion, 2008).

The case between Tanya and the state of confusion can be heard by the federal courts because she is challenging the introduced law that may probably affect her business. On the other hand, she does not belong to the state of confusion but rather to state of Denial and the laws should only affect the citizens of the state of Denial (Devotion, 2008).

Is the Confusion statute constitutional Discuss your legal reasoning.
In any given state, enacting a statute must go hand in hand with the constitution of the country. Though any state has the right enact any given statute and has to be followed by the citizens of that particular state. In this regard the statute enacted by the state of confusion should not affect citizens from other states. Tanya who comes from another state, can be affected by the statute enacted only if she operates or transits through the state. This is because may be the statute was enacted with an aim of protecting the states roads, and by allowing citizens from other states to use their roads without following the laws set forth will not be constitutionally right because that is giving them more privileges that could probably be enjoyed by the citizens of the Confusion state.

The confusion state statute is constitutional and can only be challenged and appealed by the concerned parties. In this regard, since there are no complains that have been heard from the state citizens, there is low probability of Tanya succeeding in her suit. Tanyas business is registered in Denial State and she only transits in the confusion state, she is therefore have no base of filing a suite because the state has to enact the statutes that will benefits and protect the states properties (Garvey, 2004).

What provisions of the U.S. Constitution will be applied by a court to determine the statutes validity
The courts will use the commerce clause Article I, 8, clause 3 which states The Congress shall have the power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes In this regard, the issue here is that the statute enacted by the confusion state will affect Tanyas business. This clause will be a base of Tanyas argument and will determine whether the statute is fair and whether the state was supposed to enact it.

In this particular clause in the US constitution provisions, the congress has the power to review the statute and can either call for amendments depending on the reason why it was enacted. On the other hand, the Congress can too ask the statute to remain if it would favor the country and majority.
Is Tanya likely to prevail on her suit Explain the reasons for your answer.Set forth in detail the stages of a civil suit.

Tanya would file a law suit against the state the federal courts would investigate her plea. The federal courts would first investigate the reasons why the statute was enacted and whether Tanya has an alternative passage besides the transiting in the state. The State representative and Tanya would be called for the mention of the case and the date of hearing. The hearing shall proceed between Tanya and the State in the federal courts though the probabilities of Tanya winning against the state are very minimal (Devotion, 2008).

There are minimal probabilities that Tanya would prevail in her case. There are several reasons that could attribute to this including

Tanya is from a different state and the statute was enacted to protect the Confusion state and its citizens

Tanyas company, though affected by the enacted confusion statute can use other roads or different state and get to her destination.

The enacting of a statute must be backed by  strong reasons and they are mostly for the good of the state

0 comments:

Post a Comment