➢ Positivist Law- written law at a particular place and time.

➢ Common Law- based on precedent

○ Treat like cases in a like manor. Lower courts MUST follow the precedents of higher courts but higher courts can change
precedent.
○ US, India, Australia, New Zealand, English language.
➢ Federal Statutes and treaties- all must be constitutional. President and 2/3rds or Senate must approve.
➢ Federal administrative law- fine tunes the work of congress. FCC, EPA, SEC, FTC, ect.
➢ Federal case law- interpretation of a body of law.
○ Supreme law. An opinion from judges.
➢ Qualitative damages- dollar figure that compares to amount of pain and suffering.
○ If someone dies, must attach a dollar amount equivalent to the person’s life.
○ Part of compensatory damages.
➢ Punitive damages- to punish. If intentional, plaintiff will receive punitive damages. Cannot be greater than 9x’s compensatory.
➢ 1st Amendment- Freedom of Speech
➢ 4th Amendment- Illegal search and seizure
➢ 5th Amendment- Self incrimination
➢ Federal license to be only steamboat in US waters. Ogden has monopoly to be only steamboat in NY. Interstate effect. Congress can
regulate interstate commerce. Gibbon’s won.
➢ No blacks can eat inside diner. 46% of food was from out of state. Links him to interstate commerce.
➢ Federal criminal loan shark. People not going to banks. Interest rates drop.
➢ Safe school zones. If people don’t have safe school zones they won’t take job transfers. Unconstitutional.
➢ Limit criminal gun possession. If you conduct background checks you will get money for them. Unconstitutional.
➢ Preemption doctrine- congress has CHOICE to stop states from regulating certain things. Ex. Warnings on cigs.
○ Explicit Preemption- language in statute.
○ Implicit Preemption- 1) agency responsible for enforcement. 2) lots of detail. 3) legislative history supports a finding of
preemption.
➢ Tax And Spend Clause- Tax code must apply equally across states. Federal tax law has nothing to do with wealth.
○ 16th Amendment- created income tax.
➢ Privileges and Immunities Clause of Article IV- activities. Not allow states to discriminate against citizens of other states. Must have
substantial reason.
➢ Speech that insights a riot, has a requirement of physicality.
➢ Obscenity- LEGALLY obscene, gov’t can shut down. Willing audience still can’t watch.
➢ Establishment Clause- prevents any level of government from having an official religion. Most countries around the world do.
➢ Gov’t can close businesses on Sundays.
➢ Gov’t cannot force the choice between gov’t benefit and religion. Worships on Saturday. Won’t take jobs on Saturdays. Gov’t tried to
cut unemployment.
➢ No organized prayer in school or at sporting events.
➢ Cannot punish students who don’t participate in Pledge of Allegiance. Non-custodial parents cannot file lawsuit.
➢ Cleveland private school vouchers. Discount on private schools. Private schools offer better education.
➢ Can be fired and tried for a crime for using illegal drugs during a religious worship. Organization cannot be charges for allowing.
➢ Operating license: ability to engage in a specific business. Waive all 4th amendment rights with liquor license, restaurants, sell guns,
junkyards, pharmacy and children center.
➢ FORCE MUST ALWAYS BE REASONABLE.
➢ Defamation- intentional ruining of another’s good character. 3rd party must hear/read. MUST be 100% true.
○ Absolute privileged speech- legislatures, prosecutors, judges, while acting their position.
○ Qualified- if what you think is true has solid evidence, then you’re protected even if its false.
➢ Appropriation- using someone’s picture, name, ect for commercial purposes without consent. Look-a-likes and sound-a-likes must be
reasonably obvious to someone other than original person.
➢ False light- defendant is matching plaintiff with something completely opposite. Democrat in a Republican commercial.
➢ Public Disclosure- reveals something about plaintiff that the average person would find objectionable.
➢ Fraudulent misrepresentation- 1) misrepresentation of MATERIAL fact. 2) defendant know that the statement was false. 3) intent to get
plaintiff to listen to message. 4) justifiable reliance on part of plaintiff. 5) damage. You have to buy house and suffer the loss. 6)
causation. Link between statement and damages. NEED ALL 6.
➢ Real Property- surface- anything permanently attached to surface, anything below surface except gas, oil and water.
➢ Attractive nuisance- prohibits lawsuit against child or parent if a child trespasses. Imposes liability to adjacent property owner.