Civiltort offshoot of criminal law under civil law the

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Unformatted text preview: . • Common law is broken down into the following: • Criminal • Based on common law, statutory law, or a combination of both. • Addresses behavior that is considered harmful to society. • Punishment usually involves a loss of freedom, such as incarceration, or monetary fines. • Civil/tort • Offshoot of criminal law. • Under civil law, the defendant owes a legal duty to the victim. In other words, the defendant is obligated to conform to a particular standard of conduct, usually set by what a “reasonable man of ordinary prudence” would do to prevent foreseeable injury to the victim. • The defendant’s breach of that duty causes injury to the victim; usually physical or financial. • Categories of civil law: • Intentional Examples include assault, intentional infliction of emotional distress, or false imprisonment. • Wrongs against Property An example is nuisance against landowner. • Wrongs against a Person Examples include car accidents, dog bites, and a slip and fall. • Negligence Wrongful death. • Nuisance Trespassing. • Dignitary Wrongs Include invasion of privacy and civil rights violations. • Economic Wrongs Examples include patent, copyright, and trademark infringement. • Strict Liability Examples include a failure to warn of risks and defects in product manufacturing or design. ch10.indd 857 12/4/2009 11:39:06 AM All-in-1 / CISSP All-in-One Exam Guide, 5th Ed. / Harris / 160217-8 CISSP All-in-One Exam Guide 858 • Administrative (regulatory) • Laws and legal principles created by administrative agencies to address a number of areas, including international trade, manufacturing, environment, and immigration • Responsibility is on the prosecution to prove guilt beyond a reasonable doubt (innocent until proven guilty). • Used in Canada, United Kingdom, Australia, United States, and New Zealand. • Customary Law • Deals mainly with personal conduct and patterns of behavior. • Based on traditions and customs of the region. • Emerged when cooperation...
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This note was uploaded on 06/01/2013 for the course NET 125 taught by Professor Hurst during the Fall '12 term at Wake Tech.

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