Page 260 - (ISC)² CISSP Certified Information Systems Security Professional Official Study Guide

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 nightly news for examples—multimillion-

dollar cases against tobacco companies, major corporations, and
wealthy individuals are filed every day.

Administrative Law

The executive branch of our government charges numerous agencies
with wide-ranging responsibilities to ensure that government
functions effectively. It is the duty of these agencies to abide by and

enforce the criminal and civil laws enacted by the legislative branch.
However, as can be easily imagined, criminal and civil law can’t
possibly lay out rules and procedures that should be followed in every
possible situation. Therefore, executive branch agencies have some
leeway to enact administrative law, in the form of policies, procedures,
and regulations that govern the daily operations of the agency.
Administrative law covers topics as mundane as the procedures to be

used within a federal agency to obtain a desk telephone to more
substantial issues such as the immigration policies that will be used to
enforce the laws passed by Congress. Administrative law is published
in the Code of Federal Regulations, often referred to as the CFR.

Although administrative law does not require an act of the legislative
branch to gain the force of law, it must comply with all existing civil
and criminal laws. Government agencies may not implement

regulations that directly contradict existing laws passed by the
legislature. Furthermore, administrative laws (and the actions of
government agencies) must also comply with the U.S. Constitution
and are subject to judicial review.

To understand compliance requirements and procedures, it is
necessary to be fully versed in the complexities of the law. From