Unformatted text preview: of individuals became necessary as
• Not many countries work under a purely customary law system, but
instead use a mixed system where customary law is an integrated
component. (Codified civil law systems emerged from customary law.)
• Mainly used in regions of the world that have mixed legal systems (for
example, China and India).
• Restitution is commonly in the form of a monetary fine or service.
• Religious Law Systems
• Based on religious beliefs of the region
• In Islamic countries, the law is based on the rules of the Koran.
• The law, however, is different in every Islamic country.
• Jurists and clerics have a high degree of authority.
• Cover all aspects of human life, but commonly divided into:
• Responsibilities and obligations to others
• Religious duties
• Knowledge and rules as revealed by God, which define and govern
• Rather than create laws, law makers and scholars attempt to discover the
truth of law.
• Law, in the religious sense, also includes codes of ethics and morality,
which are upheld and required by God. For example, Hindu law, Sharia
(Islamic law), Halakha (Jewish law), and so on.
• Mixed Law Systems
• Two or more legal systems are used together and apply cumulatively or
• Most often mixed law systems consist of civil and common law. ch10.indd 858 12/4/2009 11:39:06 AM All-in-1 / CISSP All-in-One Exam Guide, 5th Ed. / Harris / 160217-8 Chapter 10: Legal, Regulations, Compliance, and Investigations 859
• A combination of systems is used as a result of more or less clearly
defined fields of application.
• Civil law may apply to certain types of crimes, while religious law may
apply to other types within the same region.
• Examples of mixed law systems include Holland, Canada, and South
Africa. Civil law deals with wrongs against individuals or companies that result in damages or loss. This is referred to as tort law. Examples include trespassing, battery, negligence, and products liability. A civil lawsuit would result in financial restitution and/or...
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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