Chapters 1 4 5 U S has old English Root United States Constitution Common Law Precedents Articles I II Amendments Federalism Police Powers Public Policy Statutes Ordinances Enumerated Powers E g Commerce Clause re federal power to regulate Interstate Commerce I II III IV Bill of Rights First 10 amendments Fundamental rights freedoms e g First Amendment freedom of speech Freedom of Speech 1st amendment Political Symbolic Speech Commercial Speech Freedom of Religion 1st amendment Fourteenth amendment amond other things applies guaranteed rights to State laws Branches of Government Executive Branch Legislative Branch Judicial Branch I II III Separation of Powers function of each Branch Checks and Balances exercise of power by one branch often reviewed or reversed by another branch Laws enacted by federal or state governments Uniform Laws aka Model Acts e g The Uniform Commercial Code UCC Laws enacted by local governments e g cities counties Common Law Case Law Judge Made Law Decisional Law Precedents Stare decisis Different Possible Rulings by Intermediate Appellate Court of High Court Follow Distinguish Legal Remedies Remedies at Law Equity Equitable Remedies e g injunction State Court System Federal Court System Affirm Reverse Modify Vacate Remand Chapter 3 Jurisdiction Venue Standing to sue Types of Attorneys Fees Hourly or Contingency Costs are usually separate Reasonable Attorney s Fees awarded ONLY By Statute or By Contract Clause To Prevailing Party winner Personal In personam Jurisdiction Minimum contacts Jurisdiction over Property In rem Jurisdiction Federal Court Jurisdiction Different High Appellate Court Rulings Appeal Affirm Reverse Modify Vacate Remand Chapters 6 7 Negligence Duty of care Breach of duty Damages harm Tort Civil Wrong but not breach of contract Invasion of Privacy based on a reasonable expectation of privacy