Page 294 - CISSO_Prep_ Guide

Law, Regulations, Compliance, and
Investigations

Law
Categories of Law
• Civil law = what is written. Also known as
civilist. Civil law systems are like common law
systems, but the judges cannot legislate or
discard laws as unconstitutional. Civilist judges
are more like umpires, deciding which laws
apply, whether all procedures were followed,
etc.
• Common law = courts. Based on tradition, past
practices, legal precedents set by courts
through interpretation.
• Criminal (penal codes). Handled by the
judiciary branch.
• Civil (not the same as a civil law system).
Civil law is broken down into contract law
and tort law. Handled by the judiciary
branch.
• Tort (negligence, wrong, monetary).
• Administrative (regulatory agencies).
Handled by the executive branch.
• Customary law = tradition
• Religious law = divine. Where the tenets of the
religion become the civil and criminal laws of
the jurisdiction.
• Mixed law systems = two or more systems.