Confusion the Case of Trucker

¶ … Confusion The case of Trucker v. State of Confusion confronts the issue of whether a state can affect a legal statute which impacts automobile travel into, around, and through their jurisdiction. The case asks whether potential plaintiff Tanya Trucker has a valid challenge to the statute which she contends has significant negative financial consequences for her trucking business. Facts of the Case "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 statute is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion" (Case Study. N.D.). Due to the statute, Tonya Trucker the plaintiff has decided to follow suit against the State of Confusion on the grounds that the statute "unconstitutionally burdens interstate commerce" (Cornell. Syllabus. N.D. p.1).

It is useful prior to developing the legal framework for her challenge for a discussion on the specific stages of the civil suit which she will confront. Stages of a Civil Suit The lawsuit opens with the Pleadings which "are a series of responsive, formal, written statements in which each side of a lawsuit states its claims and defenses" (Mann, R. & Roberts, B. 2009. p. 52). The first step is the filing of a complaint against the state of Confusion by Ms. Tucker.

The complaint "contains "a statement of the claim and supporting facts showing that she is entitled to relief and a demand for that relief" (Mann, R. & Roberts, B. 2009. p.52). The complaint leads to a summons served against the defendant in this case the state of Confusion (perhaps the Attorney General). The summons "commands the defendant to file their appearance and answer with the clerk of court within a specific time" (Mann, R. & Roberts, B. 2009. p.52).

The defendant providing no answer will result in default judgment against them; however, in absence of no answer the defendant may file responses to the complaint including: pretrial motions, a demurrer, or the direct filing of an answer "which may contain denials, admissions affirmative defenses, and counterclaims" (Mann, R. & Roberts, B. 2009. p.53).

The pretrial procedure may begin with a request by either party for a judgment on the pleadings "which request the judge to rule as a matter of law whether the facts alleged in the pleadings are sufficient to warrant granting the requested relief" (Mann, R. & Roberts, B. 2009. p.53). Of particular importance in the run-up to a trial is the discovery procedure which allows each party to obtain important information regarding the case.

The discovery includes: depositions, answers to written interrogatories, production of documents and evidence, court-ordered examinations, and requests for admissions (Mann, R. & Roberts, B. 2009. p.53). The final step of the pretrial procedure is the pretrial conference between judge and the parties' attorneys which serves to "simplify the issues in dispute and encourage settlement of the dispute without trial" (Mann, R. & Roberts, B. 2009. p.53).

Directly before a trial though either party may ask the court for a summary judgment which allows the judge to decide the case on matters of law without a jury trial. If the trial phase has been reached then no settlement or summary judgment was present. The trial begins with jury selection which includes the voir dire (an examination of potential jurors.

With a jury selected the trial begins with opening statements by the attorneys, the prosecutor's presentation of the case including direct examination questions of witnesses, and the defense cross examination. During the trial the judge will rule on matters of law which may be later used by attorneys for an appeal. At the close of the prosecution's case the defendant may present a case or ask for a directed verdict which allows the judge to decide on the case's merits without a jury.

If no such request is made the case proceeds to closing arguments, jury instruction and deliberation, and ultimately the announcement of the verdict. A verdict may.