State of Confusion Paper
Keven Ziolkowski
Business Law/Bus 415
July 25, 2010
Teresa K. Anderson
State of Confusion Paper
This paper will review a case involving a statute that has been enacted in the State of Confusion. This statute affects all trucks and towing trailers using this State’s highways. The statute pertains to a specific B-type truck hitch that can only be purchased and installed in the State of Confusion. A truck driver cannot legally drive through the state without this hitch. The case involves a trucking company owner named Tanya Trucker from the State of Denial, who intends to file suit against the State of Confusion. Another key detail to the case is that the federal government has not intervened to regulate these hitches on national highways.
The stages involved in this civil suit will be explained. Jurisdiction over the case involving two states will be explained. Questions will be answered such as: Is the Confusion statute constitutional? What provisions from the Constitution will be applied? Is Tanya Trucker’s suit against Confusion winnable? Each of these questions are answered and explained.
Stages in a Civil Lawsuit
A civil lawsuit begins once Tanya files her complaint against Confusion’s statute in a court. Tanya’s complaint must explain why she believes the statute to be unconstitutional. Tanya will have to list the facts of the statute, and verify that they are true. Tanya is named as the plaintiff. The State of Confusion is named as the defendant. The complaint will then be served to the defendant by Sheriff or certified mail. The defendant must answer the complaint within 30 days or possibly face a default judgment. The defendant can answer the complaint by counterclaim, crossclaim, or third-party complaint. The defendant’s answer is then filed.
The next step is Discovery. This is a fact-finding period that involves taking testimonies and statements. Discovery allows...