Author Question: Describe the federal system of government and the allocation of powers between the federal ... (Read 72 times)

Awilson837 · **on:** Aug 3, 2018

Describe the federal system of government and the allocation of powers between the federal government and state governments.

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Question 2

Describe the merging of law and equity and the differences that still exist.

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ju · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

The federal system is the system of government established by the Constitution, in which the national government (also called the federal government) and the state governments share sovereign powers. The Constitution specifies, however, that certain powers can be exercised only by the national government. For example, the national government was authorized to regulate domestic and foreign commerce (trade). The president of the United States was declared to be the nation's chief executive and commander in chief of the armed forces. The Constitution also made it clear that laws made by the national government take priority over conflicting state laws. At the same time, the Constitution provided for certain states' rights, including the right to control commerce within state borders and to exercise powers to protect public health, safety, morals, and general welfare.

Answer to Question 2

During the nineteenth century, most states adopted rules of procedure that
combined courts of law and equity or chanceryalthough some states, such as New Jersey, still retain the distinction. Today, a plaintiff may request both legal and equitable remedies in the same action, and the trial court judge may decide whether to grant either or both forms of relief.
Despite the merging of the courts, some procedures used when law and equity
courts were separate still exist. Courts continue to distinguish between remedies at law (monetary damages) and equitable remedies (injunction or decree of specific performance). Differences in procedure sometimes also depend on whether a civil lawsuit involves an action in equity or an action at law. For example, in actions at
law, a party has the right to demand a jury trial, but actions in equity are not decided by juries.
An action at law is commenced by filing a complaint and results in a judgment. An action in equity is commenced by filing a petition and results in a decree.