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Unformatted text preview: community service instead of a jail sentence. When someone sues another person in
civil court, the jury decides upon liability instead of innocence or guilt. If the jury determines the defendant is liable for the act, then the jury decides upon the punitive
damages of the case.
Criminal law is used when an individual’s conduct violates the government laws,
which have been developed to protect the public. Jail sentences are commonly the punishment for criminal law cases, whereas in civil law cases the punishment is usually an
amount of money that the liable individual must pay the victim. For example, in the
O.J. Simpson case, he was first tried and found not guilty in the criminal law case, but
then was found liable in the civil law case. This seeming contradiction can happen because the burden of proof is lower in civil cases than in criminal cases.
NOTE Civil law generally is derived from common law (case law), cases
are initiated by private parties, and the defendant is found “liable” or “not
liable” for damages. Criminal law typically is statutory, cases are initiated by
government prosecutors, and the defendant is found guilty or not guilty. ch10.indd 859 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 860
Administrative/regulatory law deals with regulatory standards that regulate performance and conduct. Government agencies create these standards, which are usually applied to companies and individuals within those specific industries. Some examples of
administrative laws could be that every building used for business must have a fire detection and suppression system, must have easily seen exit signs, and cannot have blocked
doors, in case of a fire. Companies that produce and package food and drug products are
regulated by many standards so the public is protected and aware of their actions. If a
case was made that specific standards were not abided by, high officials in the companies could be held accounta...
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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