BUS 415 Week 2

State of Confusion Paper

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. The federal government has not made any attempt to regulate the truck hitches used on the nations highways. Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statute imposes on her business. She intends to file suit against Confusion to overturn the statute.

Write a 350- to 700-word paper addressing the following questions:

What court will have jurisdiction over Tanyas suit? (State or Federal or Both) Why?

Is the Confusion statute constitutional? Discuss your legal reasoning.

What provisions of the U.S. Constitution will be applied by a court to determine the statutes validity?

Your paper must be in APA format

Week 2 DQ 1

Mary is cutting weeds at her home. She is unable to trim some weeds she finds, because they greWeekbetween the rocks, so she removes the protective guard on the weed trimmer and trims the weeds. There are no warnings on the weed trimmer advising against removing the guard. She hits a rock, which is thrown to the side, hitting her neighbor in the eye and causing permanent damage. What kind of tort claim does the neighbor have? Who are the possible defendants?

Week 2 DQ 2

Paulette is the owner of the Rock On Mobile Home Park. For several years, Albert regularly collected rent for Paulette from the tenants of the mobile home park. Recently, Paulette learned that Albert pocketed some rent he collected, so Paulette fired Albert, and revoked his authority to collect rent payments from tenants. However, neither Paulette nor Albert told any tenants of Albert's termination. Yesterday, Albert went around to Theresas mobile home and asked for the rent. Theresa paid Albert the money owed to Paulette. Albert never gave this money to Paulette. Is Theresa liable to pay Paulette? Why or why not? What legal principle did you apply? Discuss an agents obligations toward his principal.