StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Use of B-Type Truck Hitch by Trucks Using State of Confusions Highways - Case Study Example

Summary
The paper  “Use of B-Type Truck Hitch by Trucks Using State of Confusion’s Highways”  is a convincing example of a  law case study. Law consists of rules that regulate the conduct of individuals, businesses, or other organizations within society. It is intended to protect the persons and their property against unwanted interference from others. In other words, it has a binding legal force…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER94.8% of users find it useful

Extract of sample "Use of B-Type Truck Hitch by Trucks Using State of Confusions Highways"

Case; Use of B-type truck hitch by trucks using State of Confusion’s highways Name: Instructor: Course: Date: Case; Use of B-type truck hitch by trucks using State of Confusion’s highways: Law consists of rules that regulate the conduct of individuals, businesses or other organizations within a society. It is intended to protect the persons and their property against unwanted interference from others. In other words, it has a binding legal force. (Copland, 2004) Constitution on the other hand is the set of agreed rules and laws that govern a society or a country. The set of those rules are usually laid down and formulated by the people of a country and are upon acceptance supposed to be followed and respected by all members of that country. (Copland, 2004) The constitution however contains many clauses each addressing a different issue concerning a country. In our case we focus on the clause that govern and address the issue of movement across borders. Going by the US constitution, the Supreme Court recognizes freedom of movement as a fundamental constitutional right, and defines it as the right of free ingress into other states and engress from them. (Chisholm and Nettheim, 2007) The issue of freedom of movement and travel has however in the recent past received new attention and consideration out of the reasons of security and state regulations. In our case of study, Tanya is worried about the rising costs she is incurring out of the statute that her trucks have to be installed with B-type hitch. Issue of concern now is the reasons behind the state of confusion enacting such a law. As well known, the federal government does not have any power to protect freedom of movement and this is the reason why the federal government of Confusion state has not attempted to regulate the issue of truck hitches used in the highways. When a plaintiff like in our case Tanya, files a case concerning new regulations on her trucks entering another country which in our case is the state of Confusion, the court that will have jurisdiction over her suit is the Court of Federal claims, though the State court normally contain appellate jurisdiction may also be involved. (Chisholm and Nettheim, 2007) This therefore implies that the state of confusion has violated or gone against the commerce clause, and is minimizing importation and exportation, thereby reducing profits in the long run. Under my legal and independent reasoning, the Confusion statute is unconstitutional because; There is no where stated that the statute is according to the governing laws of the State of Confusion. This is to imply that is could have been implemented out of malice. The statute does not however state whether it applies to the local trucks and towing trailers. This is to mean that if it applies to foreign trucks alone, the organization behind constructing that law wants to regulate the number of foreign trucks in their country. Under the laws of the State of Confusion, I don’t think there is a clause authorizing the enactment of sub-laws affecting truck movement across the borders. The fact that it is only one manufacturer that produces the B-type truck hitch also gives a hint of the act of malice the state of confusion has. The state is after higher margins of profit from outside (foreign) trucks. (Chisholm and Nettheim, 2007) The unconstitutionality part of the statute is that failure to install the hitch forces one to go round the country. No threat or harm has been said to be posed by the trucks. The failure of the Federal government to check on and regulate the types of hitches used on the highways is a clear indication of negligence. (Copland, 2004) Under the provisions of the US constitution, the statute of the state of confusion could have been termed illegal. It is the right of any person possessing legal and original documentation to access entry through the borders of a another state without being forced to meet ‘other’ tertiary laws whose creation and implementation has not been agreed upon by the involved groups and the parties to be affected. (Copland, 2004) The US constitution provides that if the trucks from the state of Denial, where Tanya hails from, have no negative impact on the highways of the state of Confusion, then the installation of B-type hitches, which have been manufactured in the state of Confusion and by a specific company reveals that it is a plan between the host country’s government and the B-type hitch producing plant to improve their sales and on the same regulate the number of foreign trucks in their country. (Kinley, 2004) The constitution of the US therefore would deem the statute invalid: Out of the above reasoning, the provision of law is that one has the right to transact his/her business freely across borders provided that he/she meets the laid down criteria of doing it and is in line with the requirements of inter-border movements. In my opinion, Tanya is successfully going to prevail in her suit because it is out of malice that she is being forced to install the B-type hitch in her trucks. If her trucks have been traveling on the same highways before the statute, then there lies no reason of installation of new hitch which is being done by the host country. If evidence of no damage or harm has been reported out of the foreign trucks, then a sudden law which requires them to change their routine has no valid constitutional reasons to prevail. (Copland, 2004) Secondly, the negligence of the federal government to regulate the local trucks gives us the reason of enacting a statute to foreign trucks alone a hidden agenda which has no legal base. The basic stages involved in a civil lawsuit are; Filling complaint by plaintiff, which involves the plaintiff filling a complaint form to sue the accused/defendant Pretrial process with the defendant, where the defendant is serviced, asked to fill questions and the discovery of the charges. Then follows a pretrial session with the judge where the parties are given options of the case ahead of them. The trial process then takes place and the parties are aligned in front of a court of law. Both are given chances to give their story which is followed by a verdict. The final process is the judgment which is passed on by the presiding judge and where appropriate, appeal follows. (Copland, 2004) References: Chisholm and Nettheim, (2007). Understanding Border and State Laws, New York: Butterworth press. Copland. (2004). Border security: Immigration Reform Bill. New York: McGraw Hill press Kinley, D. (2004). The bill of Federal Rights, Australia: Federation press Read More

CHECK THESE SAMPLES OF Use of B-Type Truck Hitch by Trucks Using State of Confusions Highways

Logistic Management Issues

… The paper "Logistic Management" is a wonderful example of a report on management.... Humanitarian logistics is a process that involves planning, implementation, and control of efficient, cost-effective movement and keeping of goods and materials in addition to information related to point of origin of goods and the point of consumption where the beneficiaries are....
13 Pages (3250 words) Essay

Sales and Distribution Management at Ryder Truck Rental Leasing

his paper tells that Ryder Truck Rental Leasing is one of the major rental trucks leasing companies in the US which provides trucks on lease to other parties along with commercial renting.... Ryder Truck Rental Leasing is one of the major rental trucks leasing companies in the US which provides trucks on lease to other parties along with commercial renting.... The main contributor to the business of Ryder are companies who look at leasing trucks from Ryder as they don't have their own fleet of trucks or requires an extra fleet of trucks during peak times....
6 Pages (1500 words) Essay

Factors That Influence Cross Docking, Effective Cross Docking for Improving Distribution Efficiencies

This paper define describes the purpose of cross-docking and the companies using them as well as gives the importance of cross-docking.... After that, the materials are then moved to the departures side of the cross-dock using forklifts, conveyor belt, and pallet truck among other means of transport to their respective departures dock.... In most cases where the goods are bulky, forklifts are used in transferring them from the inbound trucks or ship to the outbound ones....
5 Pages (1250 words) Coursework

Using the Geographic Positioning System in the World Trade Center Clean-up Project

To track the vehicles, there was use of multi-copy manifests while the police and others worked together to ensure truck movement was monitored within ground zero.... The use of GPS technology was adopted to accomplish objectives on improving efficiency, to ensure truck security and avoid any misconduct such as the sale of debris or stealing recyclables (Huyck, Adams & Kehrlein, 2003).... … The paper "using the Geographic Positioning System in the World Trade Center Clean-up Project " is a wonderful example of a Management Case Study....
12 Pages (3000 words) Case Study

Facility Audit - Coles Distribution Center

Inbound transport of trucks and loading process is facilitated by the use of roll cages and pallets returns that enable movement of a large number of cartoons at a time.... The highways are spacious enough and the trucks are able to move easily into the warehouse so that products can be obtained and transported to retailers (Chute et al.... he main outbound transport processes include road linkages that allow more than 400 trucks to move to the warehouse on daily basis....
10 Pages (2500 words) Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us