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Civil Law

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Civil laws form the bulk of the U.S. body of laws. They are designed to provide for an orderly society and govern matters that are not crimes but that require an impartial arbiter to settle between individuals and organizations. Examples of the types of matters that may be judged under civil law include contract disputes, real estate transactions, employment matters, and estate/probate procedures. Civil laws also are used to create the framework of government that the executive branch uses to carry out its responsibilities. These laws provide budgets for governmental activities and lay out the authority granted to the executive branch to create administrative laws (see the next section).

Civil laws are enacted in the same manner as criminal laws. They must pass through the legislative process before enactment and are subject to the same constitutional parameters and judicial review procedures. At the federal level, both criminal and civil laws are embodied in the United States Code (USC).

The major difference between civil laws and criminal laws is the way in which they are enforced. Usually, law enforcement authorities do not become involved in matters of civil law beyond taking action necessary to restore order. In a criminal prosecution, the government, through law enforcement investigators and prosecutors, brings action against a person accused of a crime. In civil matters, it is incumbent upon the person who thinks they have been wronged to obtain legal counsel and file a civil lawsuit against the person they think is responsible for their grievance. The government (unless it is the plaintiff or defendant) does not take sides in the dispute or argue one position or the other. The only role of the government in civil matters is to provide the judges, juries, and court facilities used to hear civil cases and to play an administrative role in managing the judicial system in accordance with the law.

As with criminal law, it is best to obtain legal assistance if you think you need to file a civil lawsuit or if someone files a civil lawsuit against you. Although civil law does not impose the threat of imprisonment, the losing party may face severe financial penalties. You don't need to look any further than the daily news for examples—multimillion-dollar cases against tobacco companies, major corporations, and wealthy individuals are filed every day.

(ISC)2 CISSP Certified Information Systems Security Professional Official Study Guide

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