Running head State of Confusion Paper 1 State of Confusion Paper Is the Statue Legal Bus 415 State of Confusion 2 State of Confusion Is the Statute Legal In the State of Confusion the statute requiring that all trucks and towing trailers use a B type truck hitch and this particular truck hitch is only manufactured by one manufacturer in Confusion requires the truck driver to have the hitch installed while driving through Confusion This information is the basis of the problem that our client Tanya Trucker who owns a trucking company is currently dealing with while she is attempting to run her business she must also deal with the additional cost of the trailer hitch on each of her trucks while passing through Confusion Ms Trucker s business is located in the state of Denial and in addition to her day to day operating costs the hitches are an additional expense and Ms Trucker wants to see if this statute can be lifted by filing a civil suit In this particular incident the federal government rulings on regulations regarding truck hitches on the nation s highways First Ms Trucker s will have to decide which state to file her suit and while she owns her business in Denial she does enough h business in Confusion to file suit in Confusion on the grounds of personal jurisdiction The statue can even be challenged as being unconstitutional on the grounds of racketeering and exhortation to pass from state to state and essentially the law in this particular state of Confusion is saying if the trucks do not have a B type trailer truck hitch they must take an alternate route which in turn could cost the trucker more time and money or place the trucker in danger on the alternate route as Confusion may be the most direct route to the loads destination Yet another breech to the constitution we live in the United States and our states lines are free to pass with consequence while the federal government has not set any limits on the type of trailer hitches on the highways as of date Confusion cannot decide for the nation what is acceptable State of Confusion 3 The U S Constitution section IV 2 1 the citizens of each state shall be entitled to all privileges and immunities of several states Ms Tanya Trucker could be successful in her suit if she argues the fact that the federal government has no rules currently regulating the highways so why is the job of Confusion to set the rules without consulting the federal government and placing rules that everyone else has to follow Also Ms Trucker must do research other states she does business in and prove no other state has anything similar to these kinds of rules and move that the federal government set a president with this case and place formal laws pertaining to rules for truckers regarding acceptable hitches or at the very least set standards for what the rules for trucking companies across the board are to make it fair for all companies doing business Ms Trucker and her attorneys will have to make the case about more than just what type of trailer hitch is being used the case will have to be made upon 1 The unfairness of having to use the trailer hitch being used that is only being manufactured in Confusion 2 The non existence of any laws governing truckers on the highways 3 One state cannot set limits on the types of equipment truckers use on their rigs as long as those rigs are deemed safe and road worthy The steps Ms Trucker will have to follow in order to files a civil lawsuit are as follows 1 Filing the actual court papers outlining what the law suit is for what the circumstances surrounding the suit are and the party or parties involved 2 Choosing a jury selection for the trial will take place for the case and attorneys for both sides will be present to ask questions to either say yes or no to pick the jurors 3 Opening Statements when the lawyers will establish their side of the story so to speak and make their case for the jury 4 Witness and Expert Testimony these add validity to the case and establish facts State of Confusion 4 5 Closing Arguments wrapping up the facts and previously discussed points and any additional points of interest to grab the jury and sway them to their side 6 Jury Instruction the judge s instruction to the jury about what they have heard and seen and how to be fair in reaching a decision 7 The Verdict when the jury has reached a decision and the decision is read in court in front of the defendant plaintiff lawyers jury and judge All of these steps have to be followed in order for the case to come to trial Ms Trucker needs an attorney if she expects to be successful as these steps may sound simple but if one step is not completed correctly the case can be thrown out and the case will not come to trial so while it may sound easy for all practical purposes the paper work is more involved and detailed than outlined When a civil suit is set into motion it is assumed the party filing the lawsuit is doing so for a legitimate cause and the mountain of paperwork will be worth Ms Truckers day in court State of Confusion 5 Author unknown The 7 Stages of Civil Lawsuit References http www moneyinstructor com art lawsuitstages asp retrieved 21st June 2010 Cheeseman Henry R the Legal Environment of Business and Online Commerce Business Ethics E Commerce Regulatory and International Issues Sixth Edition Prentice Hall Retrieved 21st June 2010