Major Types and Classifications of Law
Our discussion of the major types and classifications of law consists of U.S. and international law, including many key concepts and terms that you need to understand for the CISSP exam.
Common law (also known as case law) originated in medieval England, and is derived from the decisions (or precedents) of judges. Common law is based on the doctrine of stare decisis (“let the decision stand”) and is often codified by statutes. Under the common law system of the United States, three major categories of laws are defined at the federal and state levels: criminal, civil (or tort), and administrative (or regulatory) laws.
Criminal law defines those crimes committed against society, even when the actual victim is a business or individual(s). Criminal laws are enacted to protect the general public. As such, in the eyes of the court, the victim is incidental to the greater cause.
Penalties under criminal law have two main purposes:
Punishment: Penalties may include jail/prison sentences, probation, fines, and/or financial restitution to the victim.
Deterrence: Penalties must be severe enough to dissuade any further criminal activity by the offender or anyone else considering a similar crime.
Burden of proof ...