CISSP Legal Systems

The two law systems that form the basis of legal systems in most countries are:

The basis of the legal system in the USA (except Louisiana and Puerto Rico).
Originated from England during the thirteenth century when judges started recording the rulings they passed on various cases.
Therefore, instead of the statutes passed by legislatures or the laws embodied in written constitution, the common law system depended on judicial decisions that were based on traditions, customs, and precedent.
Common law system develop to adopt the adversarial approach for criminal cases. This is where both sides are represented by advocates and a judge hears the facts from both sides and passes judgment.

The civil law system forms the basis of the legal system of continental Europe, Quebec (Canada), Louisiana (USA), Japan, Latin America, and most former colonies of continental European countries.
The civil law system itself was based on the Roman Law, especially as contained in the Corpus Juris Civilis of Emperor Justinian.
Unlike common law system that was based on previous judicial decisions, the civil laws system derives from the broad legal principles and the interpretation of doctrinal writings.
This type of law mostly deals with the rights of a private citizen to his property.

There are 3 major categories of laws (Characteristics) :

1. Criminal Laws

The government of a country is responsible for maintaining peace and order among its people.
To ensure this, the government creates laws, called criminal or penal laws, that help protect society. Violations of such laws are called criminal activities, and if a criminal is proven guilty, then the punishment can be probation or jail term.
Sometimes a conviction can also result in the guilty paying a fine or restitution to the victim. Criminal conduct comes in two flavors – misdemeanor (a less serious crime) and a felony ( a more serious one).
Criminal Laws addresses some computer-related crimes such as:
unauthorized access; copyright violations; computer fraud or forgery; computer equipment piracy; sabotage through the use of malicious code; terrorism involving the use of computers; masquerading or impersonation using computers; and many more.

2. Civil or Tort Laws

Mainly deals with private individuals and their rights and obligations under the laws.
A conviction in a civil case only results in financial restitution which can be awarded as compensatory damages, punitive damages or statutory damages.
Therefore, the main objective of civil laws is individual compensation.

3. Administrative or Regulatory Laws

Mainly defines the standards of performance or conduct that should be followed by organizations and the employees.
Violations of these laws can result in financial penalties or imprisonment.

Source by wikipedia

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