BUSINESS LAW QUESTIONS 4
Does Replay Baseball have an argument opposing the new regulation?
Yes,Replay baseball can argue that the law imposes a burden on interstatecommerce. The burden is unconstitutional because highways serveinterstate transportation. Interstate transpiration supportsinterstate commerce. This case is analogous to the law the Illinoislegislature passed, compelling all trucks and trailers operating onits highways to have contour mudguards. As held in the Bibb v. NavajoFreight lines Inc, it violates Article 1, section 8, a clause thatprovides for interstate commerce.
Is this law Constitutional? How do courts resolve the differences between the two laws?
Thelaw is constitutional because it affects all federal transportation.The federal government has a mandate of setting the pace for stategovernments on matters of safety including road safety. Consideringthat the spray-on product plays the same role as windshield wipers ina superior. The court can direct the state of Illinois to implementthe federal law because the latter addresses the safety concerns thatmotivated the enactment of the former.
Darmody sues Eli for violating his civil rights (federal law) in a Federal District Court in New York for $10,000. What are the jurisdictional concerns?
Thejurisdictional concerns are the location of geographical location ofthe incident. Eli’s truck malfunctioned in Massachusetts and strokeDarmody in New York. However, if Darmody is only concerned and suingabout Eli’s racist insults, filing the suit in the Federal Districtwas fine because federal courts administer law suits concerningracism anywhere in the United States.
Eli sues Empire Trucks in a New York state court for his medical bills totaling $15,000. What are the jurisdictional concerns?
Thejurisdictional concerns are the location of Empire trucks, thecompany from which Nucky purchased the trucks. Empire Trucks operatesexclusively in Massachusetts, implying that it does not have afederal presence. Eli would rather sue Empire Trucks in aMassachusetts State Court because s state court does not havejurisdiction over offenses in the jurisdiction of another state.There are chances that the New York State court may advise Eli tofile the suit in a Massachusetts State Court.
Does Eli have a Constitutional argument opposing the enforcement of this law? Does Replay Baseball have a Constitutional argument against the enforcement of this law?
BothEli and Replay Baseball do have a constitutional argument opposingthe new law the number of driving hours for people above age sixty.The law does not impede interstate commerce, but is part of the stategovernment’s mandate to promote road safety. Replay Baseball hasthe option of assigning Eli for shorter driving assignments or highera younger driver.
A law prohibiting the use of women in bathing suits in advertisements. Does Replay Baseball have a Constitutional argument opposing the new law?
Yes.Replay Baseball can challenge the law for unconstitutionality. Thestate must demonstrate that the pictures of women in bathing suitwere directed at a particular deviant group, or are sexually arousingor indecent in any way. The advertisements are meant for the generalpublic and it is unconstitutional for the law to presume ulteriormotives on the part of Replay Baseball. All cases originally heldthrough the wisdom of the Supreme Court or through stare decisisinsist on one aspect: the corruption of morals or public misdemeanor.The picture on the Replay Baseball’s advertisement does not violateany of these provisions.
Nucky fires Eli because he feels that he is too old and he does not care for Native Americans. Does Eli have an argument that Nucky violated his rights under the 14th Amendment?
Yes.Firing Eli on the basis of his age is discriminatory. Although thestate of Massachusetts passed a law that restricted drivers ofcommercial vehicles above sixty years old to thirty hours, it doesnot warrant arbitrary firing. Instead, Nucky should have procedurallyrelieved Eli of his duties with due compensation.