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• Common law is broken down into the following:
• 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.
• 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
• 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
• Economic Wrongs Examples include patent, copyright, and
• 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
• 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.
- Fall '12